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Home My WebLink AboutDoc 161 - IGA - Inmate Crew - Bend Park-RecDeschutes County Board of Commissioners 1300 NWWall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 28, 2012 DATE: March 16,2012 FROM: Darryl Nakahira, Legal Counsel, Deschutes County Sheriffs Office Phone: 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2012-161: Intergovernmental Agreement (IGA) Inmate Work Crew Contract between Bend Metro Park & Recreation District and the Deschutes County Sheriffs Office. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Document 2012-161 creates an agreement between the County, by and through its Sheriffs Office, and the Bend Metro Park &Recreation District for the use of the County's inmate work crews. Similar agreements for the use of the Deschutes County Adult Jail inmate work crews are in place with other agencies and county departments, such as the City of Bend Public Works, the Deschutes County Road Department and the Deschutes County Fair & Expo Center. FISCAL IMPLICATIONS: Bend Metro Park & Recreation District agrees that the rate of compensation for services rendered under this agreement shall be $63.00 per hour for service provided by each Sheriffs Office inmate work crew. Each inmate work crew consists of 1 supervisor and 5 to 8 inmates. RECOMMENDATION &ACTION REQUESTED: Approve and sign the IGA Inmate Work Crew Contract between the Bend Metro Park & Recreation District and the Sheriffs Office. ATTENDANCE: Sgt. Scott Lutz, DCSO Work Center Darryl Nakahira, DCSO Legal Counsel DISTRIBUTION OF DOCUMENTS: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, when one original is ready for pick up. f J I I i t I l DESCHUTES COUNTY DOCUMENT SUMMARY Date: March 16,2012 Department: Sheriff's Office Contractor/Supplier/Consultant Name: Bend Metro Park & Recreation District Contractor Contact: Don Horton Contractor Phone #: 541-389-7275 Type of Document: Document 2012-161 is an Intergovernmental Agreement (IGA). This is an IGA between Deschutes County, by and through its Sheriff's Office, and the Bend Metro Park & Recreation District. Goods and/or Services: This is an update to the previous IGA, which expires April 20, 2012. The Sheriff's Office will assume responsibility for the selection and supervision of the work crew participants and will provide basic needs for the work crew, including standard safety equipment, meals at work sites and transportation of the inmates to and from the work site. The Sheriff's Office will provide one Work Crew Deputy for each 5-8 inmates assigned to a work project. Background & History: Similar agreements for the use of the Deschutes County Adult Jail inmate work crews are in place with other agencies and county departments, such as the City of Bend Public Works, the Deschutes County Road Department and the Deschutes County Fair & Expo Center. The Sheriff's Office desires to place selected minimum security inmates in appropriate work situations to perform work for public benefit while providing opportunities for participating inmates to learn work skills and develop appropriate work habits. These training activities will aid the inmates in successfully re-entering society with practical skills and viable work ethics. Agreement Starting Date: April 21, 2012 Ending Date: April 20, 2014 This IGA may be renewed for another two-year period, subject to the prior agreement of both parties. Annual Value or Total Payment: Bend Metro Park & Recreation District agrees that the rate of compensation for services rendered under this agreement shall be $63.00 per hour for service provided by each Sheriff's Office inmate work crew. Each inmate work crew consists of 1 supervisor and 5 to 8 inmates. I I Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel hone #: ~ 7 -3369 Sheriff's Approval: _~~"-I-----#~+-+-___ Date Distribution of Document: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email when one original is ready for pick up . Official Review: County Signature Required (check one): [;8] BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review ~~Date -o/tto I).A~';)... Document Number __-=2::...:0:.....:.1=2--'-1c..:::6'-'-1____ , INTERGOVERNMENT AL AGREEMENT INMATE WORK CREW CONTRACT BEND METRO PARK AND RECREATION DISTRICT This Agreement entered into under the provisions of ORS Chapter 190 between Deschutes County, Oregon, a political subdivision of the State of Oregon by and through its Sheriff's Office hereinafter referred to as "County" and the Bend Metro Park and Recreation District, a special district of the State of Oregon responsible for providing park and recreational facilities pursuant to ORS 266.110, hereafter referred to as "District." PURPOSE: The purpose of this Agreement is for County to provide inmate work crews for labor services to District. It is hereby agreed to as follows: 1. DURATION: The effective date of this Agreement shall be from April 21, 2012, to April 20,2014. This Agreement may be renewed for another two-year period, subject to the prior Agreement of both parties. i)h-. 2. TERMINATION: either party upon thirty (30) days written notice may terminate 1'nis ~l ~/,1- Agreement. Termination under this paragraph shall not affect any obligations or liabilities accrued prior to such termination. 3. COMPENSATION: District agrees that the rate of compensation for services rendered under this Agreement shall be $63.00 per hour of service provided by each County inmate crew. District shall pay within 30 days upon receipt of invoice for services rendered. 4. RESPONSIBILITIES OF COUNTY: a. County agrees to provide correctional facilities inmates and supervisors to provide labor services on a day by day basis at District's request, subject to availability of work crews. Work crews may be available on evenings and/or weekends for special projects. b. County agrees to provide transportation and ordinary clothing, including gloves, required for the work performed or services provided under this Agreement. c. County will coordinate with District as to location of work sites and work to be performed. Page lof4 Deschutes County Contract 20 J2-161 I 5. RESPONSIBILITIES OF DISTRICT: a. District agrees to provide any fees, materials and equipment required for the work performed or services provided under this Agreement. Materials and equipment includes, but is not limited to, shovels, rakes, brooms, litterbags or containers, sprayers, herbicides, and all disposal fees. b. District agrees to post signs and other signaling devices in compliance with the Manual of Uniform Traffic Control Devices (MUTCD) where work crews are deployed. 6. INSURANCE: Each party shall each be responsible for providing worker's compensation insurance as required by law. Neither party shall be required to provide or show proof of any other insurance coverage. 7. ADHERENCE TO LAW: Each party shall comply with all federal, state and local laws and ordinances applicable to this Agreement. 8. NON-DISCRIMINATION: Each party shall comply with all federal, state and local laws and ordinances applicable to this Agreement. 9. ACCESS TO RECORDS: Each party shall have access to the books, documents and other records of the other which are related to this Agreement for the purpose of examination, copying and audit, unless otherwise limited by law. 10. SUBCONTRACTS AND ASSIGNMENT: Neither party will subcontract or assign any part of this Agreement without the written consent of the other party. 11. THIS IS THE ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties. This Agreement may be modified or amended only by the written Agreement of the parties. 12. NON PARTNERSHIP: Neither District or County is, by virtue of this Agreement, a partner or joint venturer with District in connection with activities carried out under this Agreement, and neither party shall have any obligation with respect to the others debts or any other liabilities of any kind or nature. 13. ADDITIONAL TERMS AND CONDITIONS: a. Hazardous Materials Exception. The parties agree that: (1) Clean-up of dumpsites containing known or suspected hazardous materials is beyond the scope, skill, training and experience of a regular inmate crew. (2) No crew provided under this Agreement shall be required to clean up any dump site where known or suspected hazardous materials are present; and Page 2 of4 Deschutes County Contract 2012-161 I (3) In the event the crew discovers known or suspected hazardous materials at a dumpsite, the work crew supervisor shall immediately cease the clean-up activity until such time as the site is inspected and declared or made safe by the appropriate hazardous materials authority. b. Personnel Matters: (1) The work crews provided hereunder (Assigned Personnel) shall be supervised by and shall perform their duties in accordance with the administrative and operational procedures of the County. Each work crew shall consist of five to eight inmate workers. County shall provide one supervisor for each work crew. (2) District does not assume any liability for the direct payment of any wages, salaries, or other compensation to Assigned Personnel performing services pursuant to the terms of this Agreement or for any other liability not provided for in this Agreement. (3) Matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment regarding Assigned Personnel under this Agreement shall be governed by the provisions of existing collective bargaining agreements between the Assigned personnel's bargaining unit and their public employer. (4) All labor disputes arising out of this Agreement shall be governed by the provisions of applicable collective bargaining agreements in effect during this Agreement, and the personnel rules of the County. c. Contract Administration: (1) County designates the Lieutenant in charge of the work center to represent County in all matters pertaining to administration of this Agreement. (2) District designates Paul Stell to represent District in all matters pertaining to administration of this Agreement. (3) Any notice or notices provided for by this Agreement or by law to be given or served upon either party shall be given or served by certified letter, deposited in the U.S. mail, postage prepaid, and addressed to: Don Horton Larry Blanton Director Sheriff Bend Metro Park and Recreation District Deschutes County 799 SW Columbia St. 63333 W Hwy 20 Bend, OR 97702 Bend, OR 97701 Page 3 of4 Deschutes County Contract 2012-161 FOR BEND METRO PARK AND RECREATION DISTRICT: Don Horton, Director Bend Metro Park and Recreation District Dated this ~day of ,v\ovdJ ,2012 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this & day of ~c Ii ,2012 Anthony DeBone, Chair Alan Unger, Vice Chair Tammy Baney, Commissioner ATTEST: Dated this __ day of ______, 2012 Recording Secretary Page 4 of4 Deschutes County Contract 2012-161