The URL can be used to link to this page

Home My WebLink AboutDoc 357 - IGA - Inmate Work Crews - COIDE ,f a .(fO; Deschutes County Board of Commissioners 1300 NW Wall 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 June 18, 2012 DATE: June 11, 2012 FROM: Darryl Nakahira, Legal Counsel, Deschutes County Sheriffs Office Phone: 541-617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2012-357: Intergovernmental Agreement (lGA) Inmate Work Crew Contract between Central Oregon Irrigation District and the Deschutes County Sheriffs Office. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Document 2012-357 creates an agreement between the County, by and through its Sheriffs Office, and the Central Oregon Irrigation 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: Central Oregon Irrigation 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 Central Oregon Irrigation District and the Sheriffs Office. ATTENDANCE: Sgt. Scott Lutz, DCSO Work Center Darryl Nakahira, DCSO Legal Counsel DISTRIBUTION OF DOCUMENTS: Call or email Pat Davis, Sheriffs Office Legal ASSistant, x3367, when two originals are ready for pick up. l I I DESCHUTES COUNTY DOCUMENT SUMMARY Date: June 11, 2012 Department: Sheriff's Office Contractor/Supplier/Consultant Name: Central Oregon Irrigation'District Contractor Contact: Larry Roofener Contractor Phone #: 541-548-6047 Type of Document: Document 2012-357 is an Intergovernmental Agreement (IGA). This is an IGA between Deschutes County, by and through its Sheriff's Office, and the Central Oregon Irrigation District. Goods and/or Services: This is an update to the previous IGA, which expires June 30, 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: July 1, 2012 Ending Date: June 30,2014 This IGA may be renewed for another two-year period, subject to the prior agreement of both parties. Annual Value or Total Payment: Central Oregon Irrigation 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 one supervisor and 5 to 8 inmates. Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel Phone #: 541-617 -3369 Sheriff's Approval: _ -..;<L<::.-..f _ -+-I ~..,;.,-+____A7""'TA~ I¥gn il(re t> Distribution of Document: Call or email Pat Davis, Sheriffs Office Legal Assistant, x3367, when two originals are ready for pick up . Official' Review: County Signature Required (check one): ~ SOCC 0 Department Director (if <$25K) D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____) Legal Review Date ~ /11 / I ~ ~'f~ Document Number 2012-357 --~~~~---- REVIEWED ~ i' l:l INTERGOVERNMENTAL AGREEMENT INMATE WORK CREW CONTRACT CENTRAL OREGON IRRIGATION DISTRICT CONTRACT NO. 2012-357 This Agreement is 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 Sheriffs Office hereinafter referred to as "County" and Central Oregon Irrigation District, an Irrigation District organized and operating under ORS 545 hereinafter referred to as "COlD". PURPOSE: The purpose of this Agreement is for County to provide inmate work crews for labor services to COlD. It is hereby agreed to as follows: 1. DURATION: The effective date of this Agreement shall be from July 1, 2012 to June 30,2014. This Agreement may be renewed for another two-year period, subject to the prior Agreement of both parties. 2. TERMINATION: Either party upon thirty (30) days written notice may terminate this Agreement. Termination under this paragraph shall not affect any obligations or liabilities accrued prior to such termination. 3. COMPENSATION: COlD 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. COlD shall pay within 30 days upon receipt of invoice for services rendered. 4. RESPONSmILITIES OF COUNTY: a. County agrees to provide work crew inmates and supervisors to provide labor on a day by day basis at COlD'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 COlD as to location of work sites and work to be performed. d. County will provide self-contained toilets for work crews if required or needed. Page I of 4 DC 20 Z -357 5. RESPONSIBILITIES OF COlD: a. COlD agrees to provide any fees, materials and equipment required for the work performed or services provided under this Agreement. Materials or equipment includes, but is not limited to, shovels, rakes, brooms, litterbags or containers, sprayers, herbicides and all dumpage fees. b. COlD agrees to post signs and other signaling devices in compliance with the Manual of Uniform Traffic Control Devices (MUTCD) where work crews are deployed. c. COlD agrees that inmates will not perform work in or around canals, headgates or weirs during seasonal irrigation flows. 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 COlD or County is, by virtue ofthis Agreement, a partner or joint venturer with COlD 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 ofany kind or nature. 13. ADDITIONAL TERMS AND CONDITIONS: The parties further agree that: I I a. Hazardous Materials Exception I Page 20f4 I t (l) Clean~up of dumpsites containing known or suspected hazardous materials is beyond the scope, skill, training and experience ofa 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 (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: (l) The work crews provided 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) COlD does not assume any liability for the direct payment of any wages, salaries, or other compensation to county 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 county personnel under this Agreement shall be governed by the provisions of existing collective bargaining agreements between the assigned county personnel 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: (l) County designates the Lieutenant in charge of the work center to represent County in all matters pertaining to administration of this Agreement. (2) COlD designates Larry Roofener to represent COlD 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: I f Page 3 of4 I t Larry Roofener Operations Manager Central Oregon Irrigation District 1055 SW Lake Court Redmond, OR 97756 FOR COlD: ~f\~ Operations Manager Central Oregon Irrigation District Dated this '" day of J u n ~ , 2012 ATTEST: Recording Secretary Capt. Mike Espinoza Deschutes County SherifI's Office 63333 W Hwy 20 Bend, OR 97701 Dated this iL day of \t'"",v!L •2012 BOARD OF COUNTY COMMISSIONERS Anthony DeBone, Chair Alan Unger, Vice Chair Tammy Baney, Commissioner Dated this _ day ____--' 2012 i i I I I Page 4 of4 t !