Res 1793 - Inmate Work Crews
COUNCil Bill NO. 2570
RESOLUTION NO. 1793
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH
MARION COUNTY FOR USE OF INMATE WORK CREWS AND AUTHORIZING THE
CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT AND ANY FUTURE MARION
COUNTY INTERGOVERNMENTAL AGREEMENTS FOR USE OF INMATE WORK
CREWS THAT MAY BE RECEIVED BY THE CITY.
WHEREAS, Marion County will provide inmate work crews as available from
Country programs, supervised and adequately trained and clothed to perform the work
requested which will consist of general maintenance and repair of facilities and grounds,
and
WHEREAS, Marion County has determined that an intergovernmental agreement
pursuant to the provisions of ORS Section 190 should be in place for all agencies for which
the county provides 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
intergovernmental agreement and authorize the City Administrator to sign additional future
annual agreements from Marion County for providing inmate work crews, NOW
THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an intergovernmental agreement
with Marion County to provide inmate work crews, which is affixed as Attachment "A" and
by this reference incorporated herein.
Page 1-
COUNCIL BILL NO. 2570
RESOLUTION NO. 1793
l
Section 2. That the City Administrator of the City of Woodburn is authorized to
sign said intergovernmental agreement on behalf of the City.
Section 3. That the City Administrator of the City of Woodburn is authorized to
sign additional future intergovernmental agreements with Marion County for the purpose
of providing inmate work crews.
APPR
Approved as to form:
tf7.~ ;)0
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
May 9, 2005
May 11, 2005
May 11, 2005
May 11, 2005
ATTEST:
~~I
CiL ... ~
Ma Te~nt, Recorder-
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2570
RESOLUTION NO. 1793
1
ATTACHMENT {t
Page -L- of ~
INTERGOVERNMENTAL AGREEMENT
MARION COUNTY
AND
CITY OF WOODBURN
PUBLIC WORKS
THIS AGREEMENT is between the CITY OF WOODBURN, by and through its Sheriffs
Office.
RECITALS
1. Pursuant to the authority granted in ORS 190.110, units of local government may
enter into agreements with one another for the performance of any or all functions
that a party to the agreement, its officers or agents have the authority to perform.
2. The City of Woodburn, by and through its Public Works Department, wishes to
retain the services of the County to provide inmate work crews and the
supervision for said work crews to perform services to include but not limited to
highway-related work, landscaping, public lands conservation and improvement
work.
NOW, THEREFORE, the parties agree as follows:
TERMS AND CONDITIONS
1. DESCRIPTION OF SERVICES
1. The County will provide inmate work crews as available from County
programs, adequately trained and clothed to perfonn the work requested,
which will consist of general maintenance and repair of facilities and
grounds, including, but not limited to painting, clearing of brush and trash,
mowing, trail maintenance, building maintenance, road maintenance, and
new construction.
2. Specific services will be requested by the City of Woodburn, Public
Works Department in the form of a Work Order Authorization, attached
hereto as Exhibit A and incorporated herein by this reference. The manner
in which services are to be performed, the number of workers to be
included in each crew and the specific hours to be worked by the County
'f
ATTACHMENT -J
Page~ of ~
shall be determined by the County in consultation with the City of
Woodburn, Public Works Department and shall be included on the Work
Order Authorization. The County shall be entitled to decline work if a
request is unsuitable for inmate work crews. An authorized person from
both parties shall sign the Work Order Authorization. An authorized
person from both parties shall sign the Work Order Authorization prior to
the commencement of work.
3. The City of Woodburn, Public Works Department will supply all the tools
and materials consistent with the work order requirements.
2. PAYMENT
1. The City of Woodburn, Public Works Department agrees to reimburse
County at the rate of $400 per day for the services described in paragraph
1. This shall be payable monthly, within 30 days oftransmittal to the City
of Woodburn, Public Works Department of an invoice for services
performed under this Agreement. Upon termination of this Agreement,
the County shall be entitled to payments or periods or partial periods of
work that occurred prior to the date of termination and for which the
County has not yet been paid.
2. This Agreement is dependent upon the availability of funds.
3. TERM OF AGREEMENT/TERMINATION
This Agreement is effective and shall terminate automatically on
June 30, 2005, with options to renew upon agreement of both parties and upon the
availability of funds.
4. RELATIONSHIP OF THE PARTIES
The County shall perform the services under this Agreement as an independent contractor
and shall be solely responsible for all costs and expenses related to the employment of
individuals to perform the work under this Agreement, including but not limited to
worker's compensation, unemployment taxes, state and federal income tax withholdings
and insurance benefits.
5. INSURANCE
Each party shall insure or self-insure and be independently responsible for the risk of its
own liability for claims.
'I
6. HOLD HARMLESS
ATTACHMENT ~
Page ~ of.:::::2::::"
1. To the extent permitted by law, County agrees to indemnify, defend, and hold
City, its officers, agents, and employees, harmless from any and all claims,
actions, liability or costs including attorney fees and other costs of defense,
arising out of or in any way related to this Agreement, and arising from the sole
negligence of County, its agents, employees and officers.
2. To the extent permitted by law, City agrees to indemnify, defend, and hold
County, its officers, agents, arid employees, harmless from any and all claims,
actions, liability or costs including attorney fees and other costs of defense,
arising out of or in any way related to this Agreement, and arising from the sole
negligence of City, its agents, employees and officers.
7. AMENDMENT
This Agreement may be amended or modified if the amendment or modification is made
is made in writing and signed by authorized persons from both parties.
8. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties. No other promises or
conditions, whether oral or written, exist between the parties. This Agreement
supersedes any prior agreements between the parties regarding work crew services.
9. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
I
ATTACHMENT ...a
Page...l.l-- of '"
SIGNATURE PAGE
City of Woodburn
County
Signature
Date
Signature
Date
City Administrator
Title
Title
APPROVED AS TO FORM:
Marion County Contract Coordinator Date
APPROVED AS TO FORM:
Marion County Legal Counsel
Date
MARION COUNTY BOARD OF COMMISSIONERS
CHAIR
DATE
COMMISSIONER
COMMISSIONER
T
ATTACHMENT A
Page --ff~- of Ii
"EXHIBIT A"
WORK AUTHORIZATION FORM
This work project is undertaken pursuant to the terms and conditions of the agreement
entered into by and Marion County.
Department Requesting Work:
Contact and Phone Number
Date(s) Work Requested
Nature of Work Requested:
Location:
Number of Crew Requested:
Equipment to be provided to crew:
Requested by:
Signature
Accepted by :
Signature
I