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Home My WebLink AboutIGA - Inmate Work Crews - City of Bend000 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 May 28, 2008 Please see directions for completing this document on the next page. DATE: May 12, 2008 FROM: Sue Brewster DCSO Legal 385-1714 TITLE OF AGENDA ITEM: "Consideration of Board Signature of IGA Inmate Work Crew Contract City of Bend Public Works Street Division, Document # 2008-128 ". PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Creates an agreement between the County by and through the Sheriffs Office and the City of Bend Public Works Street Division for the use of the County's inmate work crews. Similar agreements are already in place between the DCSO and Bend Fair and Expo Center and Bend Metro Parks and Rec. FISCAL IMPLICATIONS: City agrees that the rate of compensation for services rendered under this Agreement shall be $ 60.00 per hour of service provided. RECOMMENDATION & ACTION REQUESTED: Approve and sign the IGA Inmate Work Crew Contract City of Bend Public Works Street Division, Document # 2008-128 ATTENDANCE: Lt. Tracy Jones / Sgt. Tedd Morris. DISTRIBUTION OF DOCUMENTS: Please return both original signed copies to Sue Brewster at DCSO Legal for distribution to the City. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Fomi is also required. If this form is not included with the document, the document will be retumed to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: Please complete all sections above the Official Review line. May 12, 2008 Contact Person: Sue Brewster Contractor/Supplier/Consultant Name: Department: DCSO Legal Phone #: 385-1714 City of Bend Public Works Street Division Goods and/or Services: Creates an Intergovernmental Agreement between Deschutes County by and through the Sheriffs Office and the City of Bend Public Works Street Division for the use of an inmate work crew for labor services to the City. The County agrees to provide correctional facilities inmates and supervisors to provide labor services on a day to day basis at the City's request, subject to availability of work crews. Background & History: This is a newly created Agreement based on the recent re- opening of the Work Center. Similar agreements are now in place between the DCSO and DC Fair and Exp Center and Bend Metro Parks and Rec. Agreement Starting Date: June 1, 2008 Ending Date: Annual Value or Total Payment: June 1, 2010 City 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. ❑ Insurance Certificate Received Insurance Expiration Date: C Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) X Exempt from RFP, Solicitation or Bid Process (specify - see DCC §2.37) check box) Funding Source: (Included in current budget? X Yes ❑ No If No, has budget amendment been submitted? El Yes ❑ No Departmental Contact: Phone #: Title: Work Center staff Lt. Tracy Jones / Sgt. Tedd Morris 617-3325/617-3353 Department Director Approval: ure S-!?- caw Date Distribution of Document: Include complete information if document is to be mailed. Official Review: 5/9/2008 County Signature Required (check one): D BOCC D Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date S- i 2• r u y Document Number: 2008-128 ) 5/9/2008 INTERGOVERNMENTAL AGREEMENT INMATE WORK CREW CONTRACT CITY OF BEND PUBLIC WORKS STREET DIVISION 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 Sheriffs Office hereinafter referred to as "County" and the City of Bend, a municipality of the State of Oregon by and through its Public Works Street Division, hereinafter referred to as "City". PURPOSE: The purpose of this Agreement is for County to provide inmate work crews for labor services to City. It is hereby agreed to as follows: 1. DURATION: The effective date of this Agreement shall be from June 1, 2008, to June 1, 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: City 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. City 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 City'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 City 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. 5. RESPONSIBILITIES OF CITY: Page 1 - Legal \C&A \Sher\ 1GA\ 1GA City of Bend Street Division (5/9/2008) Deschutes County Contract # 2008-128 a. City 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, all dumpage fees. b. City 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 City or County is, by virtue of this Agreement, a partner or joint venturer with City 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: 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. Page 2 - Legal\C&A\Sher\IGA\ IGA City of Bend Street Division (5/9/2008) Deschutes County Contract # 2008-128 (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) City 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) City designates Paul Rheault to represent City 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: Page 3 - Legal \C&A\Sher\IGA\ IGA City of Bend Street Division (5/9/2008) Deschutes County Contract # 2008-128 Paul Rheault Interim Director City of Bend Public Works Department 575 NE 15th Street Bend, OR 97701 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. Dated this / 3 of /14 if , 2008 ATTEST: Recording Secretary CITY: Dated this 1Z of I , 2008 Paul Rheault Interim Director City of Bend Public Works Department Larry Blanton Sheriff Deschutes County 63333 West Hwy 20 Bend, OR 97701 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair MICHAEL M. DALY, Commissioner Page 4 - Legal\C&A\Sher\IGA\ IGA City of Bend Street Division (5/9/2008) Deschutes County Contract # 2008-128