Ada County Sheriff's Community Service Participants Agreement AGREEMENT NO.
AGREEMENT FOR USE OF
SHERIFF'S COMMUNITY SERVICE PARTICIPANTS
This AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE
PARTICIPANTS 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'), the Ada County
Sheriff's Office("ACSO")and City of Meridian,Idaho ("Agency").
WHEREAS, the ACSO operates the Sheriff's Community Service ("SCS") program in
which participants perform community service for non-profit organizations within the boundaries
of Ada and Canyon Counties("Participants");
WHEREAS, the Agency desires to utilize SCS Participants to accomplish certain
community service activities,as more thoroughly described below;
WHEREAS, both parties agree that utilization of SCS Participants 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: City of Meridian
Agency Address: 33 E.Broadway Avenue
Agency Email Address: Mbarton@meridiancity.org;Pharris@meridiancity.org
Agency Telephone No.: 208-888-3579
Agency Point of Contact: Mike Barton/Phil Harris
T
Point of Contact Cell: 208-440-8743
Agency Emergency Contact Person(if different from POC):
Emergency Contact Person Cell Number: ., 208-409-4666
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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Item#10.
2. Term and Termination:
a. The term of this Agreement shall begin on the date of execution and shall extend through
September 30, 2021. 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.
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 Participants with the ACSO Alternative Sentencing staff.
b. Providing the ACSO with an inclusion and exclusion list along with a scope of services
and the current capacity of the program.
c. Maintaining communication with the designated SCS Staff liaison on a regular basis.
d. Providing all training on safety rules, participation regulations and equipment usage to all
SCS Participants as necessary, and upon request by the ACSO, 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
reasonably necessary to maintain and comply with safety guidelines. SCS Participants
are not to perform any work tasks involving the direct use of heavy machinery including,
but not limited to:
• Forklifts;
• Wood chippers;
• Trash compactors; or
• Construction equipment.
All SCS work is to be performed on the ground. SCS Participants are not permitted to
complete any work above ground level through the use of a ladder, scissor lift or lift
basket.
e. Immediately contacting the designated SCS Staff liaison if any SCS Participant causes
disruption, fails to cooperate, or leaves the work site without permission.
f. Immediately reporting all injuries to the SCS Staff liaison, both verbally and in writing,
in a form to be provided to the SCS Participant and the Agency by the ACSO.
g. All SCS Participants are to remain on location at the Agency at all times during their
scheduled shift, unless given the express prior consent of the ACSO to do otherwise.
h. Attending regularly scheduled safety briefings hosted by the ACSO and/or Ada County
Risk Management, and an annual Prison Rape Elimination Act (PREA) training hosted
by the ACSO.
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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Item#10.
i. Accurately recording and tracking the SCS hours served by the SCS Participant on the
ALSO-issued timesheet. The Agency shall ensure that the SCS Participant is signed in
and out by a designated employee each time they report to serve SCS hours.
j. Providing updated signature cards to the designated SCS Staff liaison prior to a new SCS
supervisor signing off on SCS Participants' timesheets.
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 Participants.
Agency shall submit any such written complaints to designated SCS Staff liaison
immediately.
m. Ensuring that Agency personnel have no personal relationships with SCS Participants. In
the event any Agency becomes aware that Agency personnel has a personal relationship
with a SCS Participant, in any capacity other than as a SCS Participant, Agency shall
immediately notify the designated SCS Staff liaison of the nature of the relationship, so
that the appropriate steps can be taken.
4. County Responsibilities: During the term of this Agreement, the County shall be
responsible for the following:
a. As available, providing SCS Participants to Agency on an as needed basis. SCS
Participants 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 Participants, as requested.
c. Providing workers' compensation insurance for each SCS Participant.
d. Responding "on-site" as requested by the Agency to address SCS Participant issues,
handle uncooperative SCS Participants or otherwise assist the Agency with controlling
and managing SCS Participants.
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 Participants. If the incurred claims cost
attributable to SCS Participants 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 Participants immediately; or
ii. pay a fee set by the County to reimburse the County of the increased workers'
compensation premiums.
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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Page 230
Item#10.
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 Participants
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
and safety gear utilized by SCS Participants, 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). To the extent permitted by applicable law, County shall
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 Iimited 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). To the extent permitted by applicable law, including Idaho
Code § 59-1 p 15, Agency shall 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 reimburse the County for defending 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
reimbursement 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. Insurance. Both parties shall maintain insurance coverages sufficient to pay liability
claims arising under this Agreement. Self-Insurance is permitted, to the extent allowed
by law.
f. 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
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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compensation insurance and such other obligations as are the legal responsibility of an
employer.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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.
ACSO: Agency: C �
of_Hef di ail
Lt. Justin Ryan c/o: M i Ili e 8 o�r-loc�
7180 Barrister Drive 33 E - lJrco-dwa Nye. .
Boise, ID 83704 \D 8 3 L12.
Coun .
Board of Ada County Commissioners
200 W.Front St
Boise, ID 83702
1. Governing Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of Idaho.
in. Entire Agreement. This Agreement constitutes the entire agreement of the parties and
all other agreements, whether oral or written, relative to SCS Participants/services only
which are not contained herein are hereby superseded and of no force and effect.
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS
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n. 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.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement to be
effective as herein provided.
DATED this 22` day of �4 r_ ,20
Board of Ada County Commissioners
k
By:
Kendra Kenyon, Commissioner
p
By:
Diana Lachiondo, Commissioner
By:
Patrick Malloy,Corn t
ission
ATTEST:
Phil McGrane,Ada County Clerk
by Katie Reed,Assistant Deputy Cleric
�DATED this / day of
Ada County Sheriff'.s Office
By:
Stephen Bartlett, Sheriff
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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DATED this 4th day of August 20 20
Agency
City of Meridian
By:
Name: Robert E.Simison
Title: Mayor
AGREEMENT FOR USE OF SHERIFF'S COMMUNITY SERVICE PARTICIPANTS —
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