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HomeMy WebLinkAboutSheriff's Community Service Workers Agreement City of Meridian - Agreement No. 13028AGREEMENT N0. 1302-1b 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: Q1: of Meridian Point of Contact: Mike Barton Parks Superintendent 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 Baricn 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. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS — PAGE 1 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 Sheriffs 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: • Forklifts; • Wood chippers; • Trash compactors; or • 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 Sheriffs 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. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS PAGE 2 Meridian City Cound Meethg Agenda October 9.2018— Page 190 &454 k. Providing a safe work environment in accordance with applicable laws that is free from harassment, criminal activity, discrimination, etc. 1. Creating and maintaining a formal, written complaint process for SCS workers. Agency shall submit any such written complaints to the Ada County Sheriffs 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 Sheriffs Office of the nature of the relationship in writing. 4. County Responsibilities: During the tern 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 AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS PAGE 3 Meridian City Council Meeting Agenda October 9, 2018 — Page 191 of 454 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. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS — PAGE 4 Meridian City Cotmc 1 Meeh Agenda October 9, 2018 g Page 192 of 454 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. Coun : Agency: DeLanie Valentine(' - '),c 11 , e' , Favi 7180 Barrister Drive 3 xx v 14i _ ru Boise, ID 83704 Mgr,-cL�. t�� ��y I- k. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. 1. 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. AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS — PAGE 5 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 OdWhW , 2018. Board of Ada County Commissioners By: (4) L. Case, Commissioner By: J' Tibbs, Comm7t.. ner By: r Rick Visser, Commissioner ATTEST: r- Christopher D. Rich, Ada County Clerk -ay Phil McGrane, Chief Deputy DATED this,, day of OWK01i '2018. Ada County Sheriff's Office By: Stephen Bartlett, Sheriff AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SGS) WORKERS PAGE 6 Mer&Itan City Council Meering Agenda October 9, 2016 — Page 104 of 454 DATED this ` day of , 2018. Agency ,, cry oar w E IDIA O �sANo By:o 'dian SEAL Name: TAmmy dg Weerd Title: or Attest: C.Ja Coles, City Cleric AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE (SCS) WORKERS -- PAGE 7