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Home My WebLink AboutBend Park-Rec Agrmt re Inmate Work Crew Page 1 – Legal\C&A\Sher\IGA\ IGA Bend metro P&R work crew (4/7/08) Deschutes County Contract # 2008-128 For Recording Stamp Only REVIEWED ______________ LEGAL COUNSEL INTERGOVERNMENTAL 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, 2008, to April 20, 2010. 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: District agrees that the rate of compensation for services rendered under this Agreement shall be $60.00 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. Page 2 – Legal\C&A\Sher\IGA\ IGA Bend metro P&R work crew (4/7/08) Deschutes County Contract # 2008-128 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. 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 or equipment includes, but is not limited to, shovels, rakes, brooms, self-contained toilets, litterbags or containers, sprayers, herbicides, all dumpage 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: The parties further agree that: Page 3 – Legal\C&A\Sher\IGA\ IGA Bend metro P&R work crew (4/7/08) Deschutes County Contract # 2008-128 a. Hazardous Materials Exception (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 (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 Director Bend Metro Park and Recreation District 200 NW Pacific Park Lane Bend, OR 97701 COUNTY: __________________________________ Larry Blanton, Sheriff Page 4 – Legal\C&A\Sher\IGA\ IGA Bend metro P&R work crew (4/7/08) Deschutes County Contract # 2008-128 Larry Blanton Sheriff Deschutes County 63333 West Hwy 20 Bend, OR 97701 Dated this _______ of ___________, 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ DENNIS R. LUKE, Chair ______________________________________ TAMMY (BANEY) MELTON, Vice Chair ATTEST: _____________________________________ ______________________________________ Recording Secretary MICHAEL M. DALY, Commissioner DISTRICT: Dated this _______ of ___________, 2008 _______________________________ Don Horton, Director Bend Metro Park & Recreation District