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Res 1831 - Inmate Work Prog. COUNCil Bill NO. 2624 RESOLUTION NO. 1831 A RESOLUTION ENTERING INTO AN INMATE WORK PROGRAM AGREEMENT WITH THE STATE OF OREGON FOR USE OF INMATE WORK CREWS AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT AND ANY FUTURE STATE OF OREGON INMATE WORK PROGRAM AGREEMENTS FOR USE OF INMATE WORK CREWS THAT MAY BE RECEIVED BY THE CITY. WHEREAS, The State of Oregon acting through the Department of Corrections will provide selected minimum security inmate work crews in appropriate work situations to perform work with a public benefit, and WHEREAS, The State of Oregon has determined that an inmate work program agreement pursuant to the pursuant to ORS 179.360, 190.110,421.005,421.405 through 421.455,421.490 and Section 41, Article 1 of the Oregon Constitution is required to utilize inmate work crews, and WHEREAS, The City has found it to be beneficial to use inmate work crews to accomplish some maintenance tasks in City parks, right of ways and drainage ways, and WHEREAS, it would be in the best interests of the city to enter into this inmate work program agreement and authorize the City Administrator to sign additional future agreements from the State of Oregon for providing inmate work crews, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into an Inmate Work Program Agreement with the State of Oregon to provide inmate work crews, which is affixed as Attachment "A" and by this reference incorporated herein. Page 1- COUNCIL BILL NO. 2624 RESOLUTION NO. 1831 ... Section 2. That the City Administrator is authorized to sign said Inmate Work Program Agreement on behalf of the City. Section 3. That the City Administrator is authorized to sign additional future Inmate Work Program Agreements with the State of Oregon for the purpose of providing inmate work crews. Approved as to form: c:r;,~~ City Attorney Lfjl1/Z0()b Date APPR Passed by the Council April 24, 2006 Submitted to the Mayor April 26, 2006 Approved by the Mayor April 26, 2006 Filed in the Office of the Recorder Apr i 1 26, 2006 , ...--;-- ATTEST: /}7a~~ " ~~ Mary~, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2624 RESOLUTION NO. 1831 .... STATE OF OREGON DEPARTMENT OF CORRECTIONS Inmate Work Program Agreement -- Public (Oregon Public Bodies other than State Agencies) This INMATE WORK PROGRAM AGREEMENT (the "Agreement") is made and entered into this _ day of April, 2006 by the STATE OF OREGON, acting by and through the DEPARTMENT OF CORRECTIONS ("DOC"), and City of Woodburn, a political subdivision of the State of Oregon ("Agency"). Capitalization terms not otherwise defined shall have the meanings assigned to them by Section 1 of this Agreement. RECITALS WHEREAS, this Agreement is entered into pursuant to ORS 179.360, 190.110, 421.005, 421.405 through 421.455,421.490, and Section 41, Article I of the Oregon Constitution ("Ballot Measure 17"); WHEREAS, DOC desires to place selected minimum security Inmates in appropriate work situations to perform work with a public benefit while providing opportunities for participating Inmates to learn work skills and develop appropriate work habits; WHEREAS, Agency desires to accomplish the Work Project(s) that are identified by addenda to this Agreement by using minimum security Inmates pursuant to the terms of this Agreement; WHEREAS, it is the policy of DOC and Agency to cooperatively administer this Agreement and manage the operations of the Work Crews through joint project planning and training in support of the parties' mutual objectives and goals; and WHEREAS, this Agreement establishes the responsibilities of DOC and Agency in the use of Inmate workers to provide labor for Work Project(s). NOW, THEREFORE, in consideration of the mutual promises, terms and conditions contained in the Agreement, the parties do hereby agree to the following: 1. DEFINITIONS. 1.1 Authorized ReDresentative(s) shall mean the person(s) identified at Section 11.1 of this Agreement. 1 .2 ResDonsible PartY shall mean the DOC or Agency employee who is assigned to a Work Project and designated in the Project Description to be responsible for non-work related activities of Inmates assigned to a Work Crew. 1.3 ~ shall mean any institution, camp, annexed facility, or office operated by DOC. 1..t lnrn.srl2 shall mean a convictod fglon not on parolg, probation, or post-prison sup9rvi9ion status who i9 under the custodial supervision of DOC. 1.5 Institution shall mean a correctional Facility where Inmates reside. Psge 1 . INMATE WORK PROGRAM AGREEMENT upublic . Oregon Public BodlOfl olhor than Stalo AgencioA) 114 4 0 April 19. 2006 '. 1.6 Institution Safety Officer shall mean a DOC employee responsible for the safety management of an Institution or Facility or satellite thereof. 1.7 Proiect Descriotion shall mean a detailed description of an individual Work Project, identifying specific work site details and necessary equipment and supervision responsibilities. Each Project Descr~tion will be signed by both parties and attached to the Agreement as a numbered Schedule and made a part hereof. 1 .8 Suoerintendent shall mean a DOC employee responsible for all operational management of an Institution or Facility or satellite thereof. 1.9 Work Crew shall mean the Inmates who are assigned to perform work for a Work Project pursuant to a Project Description. 1.10 Work Proaram Manaaer shall mean a DOC employee responsible for overseeing daily planning and coordination of a Work Crew assigned to a Work Project. 1.11 Work Proiect shall mean an activity which is wholly or partially accomplished through the use of Inmates pursuant to a Project Description. 1 .12 Work Suoervisor means an Agency employee responsible for Work Project training, assigning work tasks, and monitoring and assessing work progress. 2. WORK PROJECT; PROJECT DESCRIPTKlN; SELECTKlN AND SCHEDUUNG OF INMATES FOR WORK PROJECT; EMERGENCY REASSIGNMENT OR SUSPENSION OF WORK CREW. 2.1 Work Proiect: Proiect Descriotion. Agency and DOC agree to negotiate a written Project Descr~tion(s) for all work under this Agreement. The Project Description shall explain the purpose and nature of a proposed Work Project, its estimated duration, interim progress dates, if any, the Work Project location, the number of Inmate 'NOrkers required, and the estimated total hours of work needed to complete the Work Project as well as identify who the Responsible Party is for the Work Project. The Project Description shall set forth the parties understandings and agreements with respect to the Responsible Party. The Work Program Manager shall identify DOC's requirements, including but not limited to any special security considerations, compensation and payment, and any other requirements, terms or conditions. The final Project Description must be signed by each party and attached to this Agreement as a numbered Schedule. 2.2 Selection of Inmates for a Work Proiect. The parties shall negotiate and establish the number of Inmates scheduled for a particular Work Project based upon Work Project requirements and availability of Inmates, supervisors and transportation and shall specify such number in the Project Description. Inmates assigned to a Work Crew shall be selected by DOC in accordance with DOC rules and regulations. 2.3 Schedulino of Inmates for a Work Proiect. DOC intends a Work Crew to work 40 hours a week, including travel time to and from the work site, subject to the nature of the work requested. The Project Desc~tion shall specify the agreed hours of work for each Work Project. 2.4 Emeroencv Reassianment or Susoension of Work Crew. In circumstances involving fire, riot, or other emergency public circumstances. DOC may, at its sole and absolute discretion, reassign or suspend all or part of a Work Crew for such period of time as DOC deems necessary. DOC will make every reasonable effort to give Agency advance notice whenever such reassignment or suspension of services becomes necessary. P..go 2 - INMATE WORK PROGRAM AGREEMEm --Public; - Orogon Puhli<: Boc1iOfl othor than Stalo AgonciOfl) 11440 April 19.2006 3. COMPENSATION; PAYMENT. 3.1 General. DOC shall provide Work Crew services for the amount specified in the Project Description for that certain Work Project. Subject to the terms set forth in any subsequent Project Description, Agency agrees to pay DOC the rate for Inmate labor specified in the applicable Project Description. 3.2 Allowable ExPenses. In addition to the payment of any amounts required under Section 3.1 above, Agency shall reimburse DOC expenses as set forth in a Project Description. DOC shall itemize such expenses and invoice Agency pursuant to Section 3.3 below. Allowable expenses include but are not limited to vehicle rental charges, mileage, and special clothing, tools and equipment provided by DOC. 3.3 Payment. DOC shall submit a monthly invoice to Agency on or before the 15th day of each month for work performed under this Agreement, including all allowable expenses, during the preceding calendar month. Such invoice shall identify (i) the Work Project, (ji) the work performed, (iji) the Work Crew that performed such work, and (iv) allowable expenses incurred by DOC during the billing period. Payment shall be due 30 days from date of invuice. In the event payment of an invoice is not received by DOC by the due date thereof, Agency shall pay interest on the amount due at the rate of eight percent (8%) per year. Interest shall be computed on the invoiced amount due on the basis of a 365-day year and actual days elapsed. In any event the amount of interest shall not exceed the maximum allowable under law. 4. GENERAL TERMS. 4.1 Resoonsibilitv for Inmates. DOC's personnel normally will be the Responsvle Party for Inmates assigned to a Work Project. Pursuant to Oregon Laws 1997, Chapter 851, DOC may allow, at the request of the Aogencyand under the terms of this Agreement, Agency personnel to be the Responsible Party for minimum security Inmates assigned to a Work Project Agency and DOC shall set forth in a Project Description their understandings and agreement whenever Agency personnel are designated as the Responsible Party Agency personnel who are designated the Responsible Party must first attend mandatory DOC training. Agency understands and agrees that when the Responsible Party is DOC personnel, the Responsible Party shall not provide technical training to Inmates or operate equipment. At all times, Agency shall provide qualified personnel who will train Inmates, assign tasks, and supervise and assess work programs. To ensure public safety and the safe operation of the Work Crew, DOC reserves the right to conduct, and Agency hereby consents to periodic physical searches of the Work Project site. These physical searches may include but may not be limited to searches of such things as Agency vehicles, equipment, tools and storage areas. 4.1.1 Performance Review of Resoonsible PartY, While DOC acknowledges the employer/employee relationsh~ between Agency and Agency personnel, DOC reserves its right to periodically review the performance of Agency personnel in hislher performance as Responsible Party. An unfavorable review of performance by Agency's personnel might result in Agency's personnel attendance at additional training, removal of specifIC Aogency personnel as Responsible Party, or an amendment to the Project Description removing Agency's ability to have Agency personnel designated as the Responsible Party. 4.1.2 Reolacement of Aaencv Personnel. Agency understands and agrees that Agency shall not replace its personnel, who are designated Responsible Party on a project, without first obtaining written approval from DOC. Replacement personnel must comply with the conditions of Section 4.5. 4.2 Technical Direction. Agency shall provide qualified personnel who will train Inmates, assign tasks, direct and assess work progress. 4.3 Meals. Clothina. Tools. EauiDment and SUDolies. DOC shall be responsible for providing Inmates' meals. DOC shall furnish Inmates with clothing which is appropriate to the season. Unless otherwise agreed, Agency shall provide special purpose clothing, including but not limited to safety and protective wear. Agency shall provide tools, equipment and Work Project supplies, except as set forth in a Project Description. Page 3 - INMATE WORK PROGRAM AGREEMENT ..Public. Orogon Public Bodioe oCher than Slalo Agooci08) ffUO April 19. 2006 .,. 4.4 Transoortation. DOC shall transport Inmates to and from the Work Project site IDCeptas set forth in a Project Description. Inmates shall not be transported in privately owned vehicles. 4.5 Trainina orovided by DOC. Agency personnel who direct Inmate activities or work directly with Inmates are eligllle for DOC training. DOC shall provide training to eligible personnel with respect to security, supervision of Inmates, prohibited conduct, disciplinary reporting and other subjects as determined by DOC. Agency personnel who are designated as Responsible Party on a Work Crew must attend DOC training. 4.6 Trainina provided by Aaency. Qualified Agency personnel shall provide Work Project training to Inmates. Training shall provide each Inmate with information to develop the skills necessary to carry out assigned tasks in a safe, efficient and progressively improved manner. Training must include a segment on the precautions and safety practices associated with the operation, handling and use of tools, equipment and machinery. Agency shall provide training materials to the Work Program Manager for prior approval. Agency agrees to keep individual training attendance records and provide such records to the Work Program Manager upon request. Inmates are not allowed to operate power equipment before they receive proper training in equipment operation and approval has been given by the appropriate Institution Safety Officer. 4.7 Inmate Comoliance with Aaeney Rules. Inmates will be required to abide by Agency's rules and regulations which have been made known to them. Any Agency officer, employee, or agent who observes Inmate misconduct or activity which might give rise to misconduct shall immediately notify the Custodial Personnel. The Custodial Personnel shall resolve questions that arise regarding an Inmate's compliance with Agency's rule or regulation. In the event of a conflict between DOC's rules and regulations and Agency's rules and regulations, DOC's rules and regulations shall prevail. 4.8 Review of Work Proiects. The Work Program Manager and the Work Supervisor will confer on a periodic basis to assess Work Project progress, Work Project site security and overall performance satisfaction. The Work Program Manager may periodically visit a Work Project site to evaluate work activities and work progress in relation to established objectives and goals. 5. HEALTH AND WORK SITE SAFETY. 5.1 AceneYs Comolianee. Agency shall meet all federal, state and local laws, ordinances, and standards for work and Work Project site health and safety. Minimally. a Work Project site shall meet the standards established by the Oregon Occupational Safety and Health Act (OSHA). The appropriate Institution Safety Officer or other representative may visit a Work Project site to evaluate the Work Project site and/or Work Crew activities for compliance with health and safety standards. 5.2 DOC's Riaht to Stoo Work. DOC reserves the right, at its sole and absolute discretion and without prior notice, to stop work and withdraw a Work Crew from a Work Project site whenever DOC determines that the Work Project site or working conditions are unsafe. In this event, DOC shall provide Agency a written notice that describes the unsafe condition within 2 days of such work stoppage. Agency shall provide DOC a prompt written response detailing the steps Agency intends to take to remedy the unsafe condition within 3 days of delivery of such notice. DOC shall review Agency's written response and may: (I) accept the plan and resume work under this Agreement upon correction of the unsafe condition(s) in accordance with such plan, (ii) suggest modifications to Agency's plan, whereupon Agency shall resume work under this Agreement upon correction of the unsafe condition(s) in accordance with the modified plan of Agency, or (iii) terminate the Agreement. 5.3 Resoonsibilitv for Costs Related to Inmate Iniurv or illness. The Oregon Legislative Assembly established an Inmate injury fund, administered by the Oregon Department of Administrative Services, Risk Management Division, pursuant to ORS 655.505 through 655.550, for the purpose of providing compensation to Inmates who sustain work related illness, injury or disability during the performance of paid work assignments. Subject to Section 5.4 and Pago 4 - INMATE WORK PROGRAM AGREEMENT --Public - Orogon Public BodioA other than Stalo AgoncioA) 114.0 April 19. 2006 subject to the normal conditions and limits established by its policy on medical care for Inmates, DOC shall be responsible for the cost of medical care and treatment for participating Inmates. 5.4 Aaencv Liabilitv. Agency shall be responsible for reimbursing DOC for the cost of medeal care and treatment for Inmates who sustain work related injuries, disabilities or illnesses that arises from Agency's negligent, illegal or intentional activities or activities prohiJited by this Agreement. 6. INDEMNIFICATION; INSURANCE. Agency shall perform the service under this Agreement as an independent contractor. Each party shall be responsible exclusively with respect to their employees, for providing for employment-related benefits and deductions that are required by law, including but limited to federal and state income tax deductions, workers' compensation coverage, and contributions to the Public Employees Retirement System. Each party shall be responsible, to the extent required by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. 7. REPRESENTATIONS AND WARRANTIES. Agency represents and warrants to DOC that it has full power and authority to execute, deliver and perform this Agreement. All action on the part of Agency necessary for the authorization, execution, delivery and performance of this Agreement has been duly taken. 8. COMPLIANCE WITH APPLICABLE LAW. Agency shall comply with all federal, state and local laws and ordinances applicable to the work performed under this Agreement, including, without limitation, the provisions of ORS 279.312, 279.314,279.316, 279.320 and 279.555. Without limiting the generality of the foregoing, Agency expressly agrees to comply with: (I) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the above laws; and (v) all other applicable requirements of federal and state statutes, rules and regulations. 9. FORCE MAJEURE. Neither party shall be held responsiJle for any delay or default caused by fire, civil commotion, war, act of God, or any other condition or event which is beyond its reasonable control. 10. TERMINATION. This Agreement, which is entered into in good faith by both parties, may be terminated immediately by DOC (i) for violation or breach of any provision of this Agreement or (ii) in the event the Oregon Legislative Assembly fails to approve funding. In the event of termination described in (ii) above, DOC shall provide written notice to Agency as soon as possible, but any such termination shall not affect the obligations of DOC that accrued prior to the date of such notice and for which funding is lawfully available. In addition to the above, this Agreement may be terminated by either party, with or without cause, upon thirty (30) days written notice to the other party. 11. ADMINISTRATION; NOTICES. 11.1 Authorized Reoresentative. Unless otherwise specified in the Agreement, DOC designates Debra Slater, Measure 17 Administrator, as its Authorized Representative in the administration of the Agreement and Agency designates Matt Gwynn as its Authorized Representative. Pago 5 . INMATE WORK PROGRAM AGREEMENT --Public. Oregon Public Bodi08 oItlOf than Slato AgoncIe8) '44 0 April 19,2006 ,'" 11.2 Notices. Except as otherwise provided in this Agreement, any communications between the parties or notCes to be given under this Agreement shall be given in writing by personal delivery, facsimile transmission, or mailing the same, postage prepaid, to a party's Representative as follows: (DOC) Department of Corrections 2575 Center St. NE Salem, OR 97301-4667 Ph: (503) 945-9232 Fax: (503) 945-9025 (Agency) City of Woodburn Attention: Matt Gwynn 270 Montgomery St. Woodburn, OR 97071 Ph: (503) 980-2424 Fax: (503) 981-7206 or to such other address or number as either party may hereafter indicate pursuant to this Section 11.2. Any communication or notice so addressed and mailed shall be deemed to be given 5 days after mailing. Any communication or notice otherwise delivered shall be deemed to be given when receipt is acknowledged if faxed, or upon delivery. 12. WAIVER; AMENDMENT. No delay or omission to exercise any right, power or remedy accruing to DOC upon any breach or default of Agency under this Agreement shall impair any such right, power or remedy of DOC. Any waiver on the part of DOC of any breach or default under this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or by law or otherwise afforded to DOC, shall be cumulative and not alternative. Neither this Agreement nor any provision hereof may be amended, waived, discharged or terminated orally, but only by an instrument in writing, signed by the party against whom enforcement of the amendment, waiver, discharge or termination is sought. 13. INDEPENDENT CONTRACTOR. DOC and Agency are, as to each other, independent contractors. This Agreement is not intended to, and shall not be construed to, create a partnership, joint venture or master-servant relationship between DOC and Agency, nor does the Agreement give either party the power to act as a partner, joint venturer or agent on behalf of the other. Nothing in this Agreement shall be construed to create a master-servant, principal-agent, or employer-employee relationship between Agency and Inmate workers or DOC and Inmates workers. 14. NO THIRD PARTY BENEFICIARIES. DOC and Agency are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 16. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of each of the parties, except that Agency shall not have the right to assign or transfer any of its rights or interest herein, and any such attempted assignment or transfer shall be null and void.C Page 6 - INMATE WORK PROGRAM AGREEMENT --Puhlic; . Oragon Public Bodi08 otho( lhan Slato Agenci08) If( 4 0 AprlI19.2006 16. INTEGRATION. This Agreement, Project Descriptions and other attachments contain the entire agreement between the parties on the subject matter hereof, and no statements made by any party hereto, or agent thereof, not contained herein shall be valid or binding. 17. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any claim, suit, proceeding or action between the State of Oregon, DOC or any other agency or department of the State of Oregon, and Agency, for any cause whatsoever arising out of this Agreement, and regardless whether the relief sought is legal or equitable, shall be brought only in the Circuit Court for Marion County in Salem, Oregon; provided, however, that if the claim must be brought in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. 18. IMPLEMENTATION AND DURATION. This Agreement shall become effective on the date of signature approval of the final party to the Agreement and shall remain in effect through April 30, 2008, unless extended or earlier terminated in accordance with the terms of the Agreement. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the date herein above written. STATE OF OREGON, acting by and through the DEPARTMENT OF CORRECTIONS By: Stan Czerniak, Assist ant Director Date: CITY OF WOODBURN By: Name: John C. Brown Title: City Administrator Date: Page 7. INMATE WORK PROGRAM AGREEMENT ..PubllC' Orogon Public Bodioll othof lhan SllJloAgoncioll) 1440 April 19.2006 ..