HomeMy WebLinkAboutSheriffs Department for Community Service WorkersAGREEMENT N0. 13021b
AGREEMENT FOR USE OF
SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS
This AGREEMENT is entered into by and between the Ada County, a duly formed and
existing county pursuant to the laws and constitution of the State of Idaho (County), and
City of Meridian (Agency).
WHEREAS, the County operates the SCS program in which offenders perform
community service for non-profit organizations within the boundaries of Ada and Canyon
Counties;
WHEREAS, the Agency desires to utilize SCS workers to accomplish certain
community service activities, as more thoroughly described below;
WHEREAS, both parties agree that utilization of SCS workers is a constructive means of
working towards the betterment, welfare and beautification of the community while maximizing
tax dollars.
NOW, THERFORE, for and in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
1. General Agency Information:
Agency Name: QI: of Mardian
Point of Contact: Mike Barton Parks Ruperintendent
Agency Address: 33 E. Broadwayvenue Meridian Idaho 83 42
Email Address: mbarton@meridiancitv.org
Telephone No.: 208-8R8-3579 Cell: _ 208440-8742
Emergency Contact Person: Mike Barton
Emergency Contact Number. _208-440-8742
2. Term and Termination:
a. The term of this Agreement shall begin on the date of execution and shall extend
through September 30, 2019. The Agreement shall be subject to annual renewals upon the
written mutual consent of the parties, with each renewal period to begin on October 1 and
continue through September 30 of the following calendar year.
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b. Each party has a right to terminate the Agreement upon no fewer than thirty (30) days’
written notice.
3. Agency Responsibilities: During the term of this Agreement, the Agency shall be
responsible for the following:
a. Coordinating the use of SCS workers with the Ada County Sheriff’s Office Alternative
Sentencing Case Management staff.
b. Providing the Ada County Sheriff’s Office with an inclusion and exclusion list along with
a scope of services to be provided by each community service worker along with the
current capacity of the program.
c. Maintaining communication with the designated SCS liaison on a regular basis.
d. Providing all training on safety rules, participation regulations and equipment usage to all
SCS workers as necessary, and upon request by the County, providing reasonable
documentation that such training has been completed. At a minimum, Agency or the
work site must provide the following safety equipment (if applicable to the type of work
performed): eye protection, ear protection, face protection, gloves, and all other items
reasonable necessary to maintain and comply with safety guidelines. SCS workers are
not to perform any labor tasks involving the direct use of heavy machinery including, but
not limited to:
x Forklifts;
x Wood chippers;
x Trash compactors; or
x Construction equipment.
All SCS labor is to be performed on the ground. SCS workers are not permitted to
complete any labor above ground level through the use of a ladder, scissor lift or lift
basket.
e. Immediately contacting the Ada County Sheriff’s Office if any SCS participant causes
disruption, fails to cooperate, or leaves the work site without permission.
f. Immediately reporting all injuries to the Ada County Sheriff’s Office both vocally and in
writing, in a form to be provided to the SCS worker and the Agency by the County.
g. All SCS workers are to remain on location at the Agency at all times during their
scheduled shift, unless given the express prior consent of the County to do otherwise.
h. Attending regularly scheduled safety briefings hosted by the Ada County Sheriff’s Office
along with the Ada County Risk Management Division.
i. Accurately recording and tracking the SCS hours served by the SCS worker on the
County-issued timesheet. The Agency shall ensure that the SCS worker is signed in and
out by a designated employee each time they report to serve their SCS.
j. Providing updated signature cards to the SCS liaison prior to a new SCS supervisor
signing off on SCS workers’ timesheets.
Meridian City Council Meeting Agenda October 9, 2018 – Page 190 of 454
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k. Providing a safe work environment in accordance with applicable laws that is free from
harassment, criminal activity, discrimination, etc.
l. Creating and maintaining a formal, written complaint process for SCS workers. Agency
shall submit any such written complaints to the Ada County Sheriff’s Office
immediately.
m. Ensuring that Agency personnel have no personal relationships with SCS workers. In the
event any Agency personnel knows a SCS worker other than in the capacity of SCS work
performed hereunder, Agency shall immediately notify the Ada County Sheriff’s Office
of the nature of the relationship in writing.
4. County Responsibilities: During the term of this Agreement, the County shall be
responsible for the following:
a. As available, providing SCS workers to Agency on an as needed basis. SCS workers
assigned to the Agency will be screened accordingly to the Agency’s inclusion and
exclusion criteria and capable of performing basic manual labor activities.
b. Providing supervisory, policy and security information to the Agency personnel who
work with the SCS workers, as requested.
c. Providing workers’ compensation insurance for each SCS worker.
d. Responding “on-site” as requested by the Agency to address SCS worker issues, handle
uncooperative SCS workers or otherwise assist the Agency with controlling and
managing SCS workers.
5. Other Terms and Conditions:
a. Workers’ compensation premiums are based on experience ratings. In an effort to
minimize expense related to workers’ compensation claims, the Agency and County shall
conduct a quarterly review of workers’ compensation claims received the County that are
directly related to the Agency’s use of SCS workers. If the incurred claims cost
attributable to SCS laborers assigned to the Agency exceed the annual premium of the
County (as determined by Ada County Risk Management), the County will advise the
Agency of such increase and the Agency will be offered the option to:
i. cease use of SCS workers immediately; or
ii. pay a fee set by the County to reimburse the County of the increased workers’
compensation premiums.
b. In an effort to proactively address safety issues, the County and the Agency will conduct,
at a minimum, annual reviews for the type of work to be performed by SCS workers
while working for the Agency. This review is designed to assess risk, safety concerns,
and to review the Agency’s lost prevention efforts. Loss prevention efforts will include,
but are not limited to, a review of the following: job site visits, review/inspection of tools
Meridian City Council Meeting Agenda October 9, 2018 – Page 191 of 454
AGREEMENT FOR USE OF SHERIFF’S COMMUNITY SERVICE (SCS) WORKERS –
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and safety gear utilized by SCS workers, review of all safety training and instruction
provided by the Agency, claims experience for the Agency, accident reviews for the
Agency and review of all documentation of all loss prevention efforts undertaken or
extended by the Agency.
c. Indemnification (County). County shall defend, indemnify, and hold Agency, its
officers, agents, and employees harmless for injuries to persons or property resulting
from the wrongful acts of County, its officers, agents or employees in performing the
duties described in this Agreement. Such indemnification and defense shall be limited to
only those claims, and only to the extent that, County itself could be liable under state
and federal statutes, regulations, common law, and other law. County's indemnification
and defense of Agency herein is further limited by all defenses, burdens of proof,
immunities, and limitations on damages to which County would be entitled if the claims
were asserted against County.
d. Indemnification (Agency). Agency shall defend, indemnify, and hold the County, its
officers, agents, and employees harmless for all claims, losses, actions, damages,
judgments, costs, expenses, and/or injuries to persons or property arising out of or in
connection with any activities, acts, or omissions of Agency, its officers, agents or
employees. In the event County is alleged to be liable on account of any activities, acts,
or omissions of Agency, its officers, agents or employees, then Agency shall defend such
allegations through counsel chosen by County and Agency shall bear all costs, fees, and
expenses of such defense, including, but not limited to, all attorney fees and expenses,
court costs, and expert witness fees and expenses. Such indemnification and defense shall
be limited to only those claims, and only to the extent that, Agency itself could be liable
under state and federal statutes, regulations, common law, and other law.
e. Independent Contractor. Agency is, and shall perform this Agreement as, an
independent contractor and, as such, shall have and maintain complete control over all its
employees and operations, except as otherwise provided herein. Neither Agency, nor
anyone employed by it, shall represent, act, purport to act, or be deemed to be the agent,
representative, employee, or servant of County. As an independent contractor, Agency shall
be solely responsible for payment of wages, all federal and state withholding taxes, liability
insurance, and such compensation insurance and such other obligations as are the legal
responsibility of an employer.
f. Modification. Except as may otherwise be provided herein, provisions of this
Agreement may be modified, amended or waived only by a written document specifically
identifying this Agreement and signed by an authorized representative of each party.
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g. Waiver. The failure of either party at any time to require performance by the other of
any provision and any waiver by any party of any breach of any provision of this
Agreement shall not be construed as a waiver of any continuing or succeeding breach, a
waiver of the provision itself, or a waiver of any right under this Agreement.
h. Costs and Fees. If either party brings any action for any relief against the other,
declaratory or otherwise, arising out of this Agreement, use of the Premises, or
enforcement of the terms hereof, the prevailing party shall be entitled to recover any and
all reasonable court costs and attorney’s fees.
i. Survival. All covenants, conditions, indemnifications and other elements in this
Agreement which may involve performance subsequent to any termination or expiration
of this Agreement or which cannot be reasonably ascertained or fully-performed until
after termination or expiration of this Agreement shall survive.
j. Notices. All notices required to be given hereunder shall be in writing and shall be
deemed delivered immediately if hand-delivered and 48 hours after depositing the same
in the U.S. mail, certified or registered, postage prepaid, addressed to the respective
addresses set forth below, or at such other addresses as the parties may from time to time
notify the other in writing.
County: A g e n c y :
DeLanie Valentine __________________________________
7180 Barrister Drive __________________________________
Boise, ID 83704 __________________________________
k. Governing Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of Idaho.
l. Entire Agreement. This Agreement constitutes the entire agreement of the parties and
all other agreements, whether oral or written, relative to SCS workers/ services only
which are not contained herein are hereby superseded and of no force and effect.
m. Signor Authority. Each individual executing this Contract on behalf of an entity
represents and warrants that he or she is duly authorized to execute and deliver this
Contract on behalf of said entity in accordance with duly adopted organizational
documents or Contracts and, if appropriate, a resolution of the entity, and that this
Contract is binding upon said entity in accordance with its terms.
Meridian City Council Meeting Agenda October 9, 2018 – Page 193 of 454
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement to be
effective as herein provided.
DATED this 23r4ay of Ocjxaa r , 2418.
Board of Ada County Commissioners
By: (4) L. Case, Commissioner
By:
J' Tibbs, Commissi ner
By:
Rick Visser, Commissioner
ATTEST:
r-
Christopher D. Rich, Ada County Clerk
y Phil McGrane, Chief Deputy
DATED this day of �G1-An0 a ez , 2018.
Ada County Sheriff's Office
By:
Stephen Bartlett, Sheriff
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SGS) WORKERS
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Mer&Itan City Council Meering Agenda October 9, 2016 — Page 104 of 454
DATED this q*) day of ( C-�pjoey-- , 2018.
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Attest:
C.Ja Coles, City Clerk
Agency
By: o eridian
Name: Tammy de Weerd
Title: Mayor
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