HomeMy WebLinkAboutIGA - COID - Use of Work CrewsDeschutes 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 July 9, 2008
Please see directions for completing this document on the next page.
DATE: June 30, 2008
FROM: Sue Brewster. Sheriffs Office 385-1714
TITLE OF AGENDA ITEM:
"Consideration of Board Signature of an Intergovernmental Agreement between Deschutes
County by and through its Sheriff's Office and Central Oregon Irrigation District. Contract #
2008-300".
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Creates an Intergovernmental Agreement between Deschutes County by and through its
Sheriff's Office and the Central Oregon Irrigation District (COID) for the use of an inmate
work crew. The responsibilities of each party are as follows:
RESPONSIBILITIES OF COUNTY:
a. County agrees to provide correctional facilities inmates and supervisors to provide
labor services on a day by day basis at COID'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 COID 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.
RESPONSIBILITIES OF COID:
a. COID 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 durnpage fees.
b. COID 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. COID agrees that inmates will not perform work in or around canals, head gates or
weirs during seasonal irrigation flows.
FISCAL IMPLICATIONS:
COID agrees that the rate of compensation for services rendered under the agreement shall
be $ 60.00 per hour of service provided by each County inmate crew.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Contract # 2008-300.
ATTENDANCE: Sue Brewster, DCSO Legal and/or Lt. Jones, Work Center
DISTRIBUTION OF DOCUMENTS:
Return copies to M. Goodin at DCSO for distribution to parties.
385-1714
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 Form is also required. If this form is not included with the document, the document will be returned 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.
June 30, 2008
Contact Person:
Sue Brewster
Contractor/Supplier/Consultant Name:
Department:
Sa
Phone #:
Central Oregon Irrigation District
Goods and/or Services: Creates an Intergovernmental Agreement between Deschutes
County by and through its Sheriffs Office and the Central Oregon Irrigation District
(COID) for the use of an imate work crew. The responsibilities of each party are as
follows:
RESPONSIBILITIES OF COUNTY:
a. County agrees to provide correctional facilities inmates and supervisors to
provide labor services on a day by day basis at COID'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 COID 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.
RESPONSIBILITIES OF COID:
a. COID 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. COID 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. COID agrees that inmates will not perform work in or around canals, head gates
or weirs during seasonal irrigation flows.
Background & History: This is the sixth inmate work crew agreement request since
the Work Center re -opened.
Agreement Starting Date:
July 1, 2008
Ending Date:
June 30, 2010
6/30/2008
Annual Value or Total Payment:
COID agrees that the rate of compensation for
services rendered under the agreement shall be $ 60.00 per hour of service provided by
each County inmate crew.
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
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)
Funding Source: (Included in current budget? X Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
Lt. Tracey Jones
Work Center Lieutenant
Department Director Approval:
Phone #:
617-3325
‘- 9(5
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): XBOCC Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.2 c(—
Legal Review
Document Number: 2008 – 300
{ Date f (C)
6/30/2008
LEGAL COUNSEL
INTERGOVERNMENTAL AGREEMENT
INMATE WORK CREW CONTRACT
CENTRAL OREGON IRRIGATION DISTRICT
CONTRACT NO. 2008 - 300
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 Central Oregon Irrigation District, an
Irrigation District organized and operating under ORS 545 hereinafter referred to as "COID".
PURPOSE:
The purpose of this Agreement is for County to provide inmate work crews for labor services to
COID.
It is hereby agreed to as follows:
1. DURATION: The effective date of this Agreement shall be from July 1, 2008, to June
30, 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: COID 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.
COID 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 COID'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 COID 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 COID:
Page 1 - Legal\C&A\Sher\IGA\ IGA COID (6/16/2008)
Deschutes County Contract # 2008-300
a. COID 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. COID 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. COID agrees that inmates will not perform work in or around canals, head gates 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 COID or County is, by virtue of this Agreement, a
partner or joint venturer with COID 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
Page 2 - Legal\C&A\Sher\IGA\ IGA COID (6/16/2008)
Deschutes County Contract # 2008-300
(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) COID 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) COID designates Larry Roofener to represent COID 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 COID (6/16/2008)
Deschutes County Contract # 2008-300
Larry Roofener
Operations Manager
Central Oregon Irrigation District
1055 SW Lake Ct.
Redmond, OR 97756
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 , ? c) of 3-0'.‘, 2008
ATTEST:
Recording Secretary
COID:
Dated this2tOn
, 2008
marry Roofe ' r
Operations Manager
COID
Page 4 - Legal\C&A\Sher\IGA\ IGA COID (6/16/2008)
Deschutes County Contract # 2008-300
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
CENTRAL OREGON 1
IRRIGATION DISTRICT/
www.coid.org
LARRY ROOFENER
OPERATIONS MANAGER
email: larryr@coid.org
DIRECT LINE 541.504.7578
OFFICE LINT 541 .548.6047
FAX 541.548.0243
1055 SW LAKE COURT
RLDMf)ND.OR 97756
A MUNICIPAL CORPORATInN nr'rlic s TAII- fir norca.-.
Page 5 - Legal\C&A\Sher\IGA\ IGA COID (6/16/2008)
Deschutes County Contract # 2008-300