BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS

Transcription

1 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE ADA COUNTY SHERIFF AND THE CITY OF BOISE FOR USE OF SHERIFF INMATE LABOR DETAIL (SILD) WORKERS TO PERFORM WORK ON CITY PROPERTY AT THE DIRECTION OF BOISE CITY PARKS AND RECREATION; AND PROVIDING AN EFFECTIVE DATE. Whereas: The Ada County Sheriff operates the Sheriff s Inmate Labor Detail (SILD) which provides inmate labor to perform various manual labor functions within the boundaries of Ada County; and Whereas: Boise City Parks and Recreation has used SILD workers to perform necessary labor under the direction of Parks Staff; and Whereas: The City of Boise benefits substantially from the use of inmate labor; and Whereas: The City of Boise and Ada County Sheriff s Office agree that utilization of inmate labor is a constructive means of working towards the betterment, welfare and beautification of the community while maximizing tax dollars. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Memorandum of Understanding by and between the City of Boise City and the Ada County Sheriff, for use of SILD inmate labor, a copy of which, marked Exhibit A, is attached hereto and incorporated herein by reference, be, and the same hereby is, approved both as to form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to execute and attest said Memorandum of Understanding on behalf of Boise City. R

2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this September, APPROVED by the Mayor of the City of Boise, Idaho this September, day of day of ATTEST: APPROVED: CITY CLERK MAYOR

3 MEMORANDUM OF UNDERSTANDING FOR USE OF SHERIFF INMATE LABOR DETAIL (SILD) WORKERS This MEMORANDUM OF UNDERSTANDING FOR USE OF SHERIFF INMATE LABOR DETAIL ( SILD ) WORKERS ( MOU ) is entered into by and between the Ada County Sheriff s Office ( ACSO ) and Boise City Parks and Recreation ( Agency ). WHEREAS, the ACSO operates the SILD program which provides inmate labor to perform various manual labor functions within the boundaries of Ada County; and WHEREAS, the Agency desires to utilize SILD workers to accomplish certain manual labor activities as more thoroughly described below; and WHEREAS, both parties agree that utilization of SILD workers is a constructive means of working towards the betterment, welfare and beautification of the community while maximizing tax dollars. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. General Agency information: Agency Name: Boise City Parks and Recreation Department General Contact Person: Agency Address: 1104 Royal Blvd., Boise, ID address: Telephone No.: Emergency Contact Person: Emergency Contact Number: 2. Term and Termination: This Agreement will commence as of and shall continue in full force and effect until terminated by a) either party as provided in Section 5.a) below; or b) upon thirty (30) days prior written notice. 3. Agency Responsibilities: During the term of this Agreement, the Agency shall be responsible for the following: a. Pick-up and drop off SILD workers, with licensed and insured drivers, from the ACSO Work Release Center on a daily basis at times designated by the Manager of Alternative Sentencing. SILD workers will be available to be on-site by 7:30a.m. and must be returned to the Work Release Center by approximately 4:00p.m. b. Provide all supervision, transportation, all necessary equipment and safety equipment, portable or on-site restroom facilities, tools and other materials as may be necessary to perform labor tasks assigned. All Agency personnel who provide supervision of SILD workers must pass a background check, given by the ACSO, and be approved by the ACSO prior to being permitted to supervise SILD workers. c. Maintain communication with the designated SILD liaison on a regular basis. Page 1 of 4

4 d. Provide all training on safety rules, participation regulations and equipment usage to all SILD workers as may be necessary, and upon request by ACSO, provide reasonable documentation that such training has been done. 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 any other items reasonably necessary to maintain and comply with safety guidelines. e. Take no action other than to immediately contact the ACSO if any SILD participant causes disruption, fails to cooperate, or leaves the work site without permission. f. Immediately report all injuries to the ACSO. The ACSO will provide the SILD worker and the Agency with the necessary forms. g. Will not take SILD workers across county lines without the express prior consent of the ACSO. h. Allow SILD workers to provide labor on public lands / property only. 4. ACSO Responsibilities: a. As available, provide SILD workers to Agency on a daily basis (or as otherwise needed by Agency). SILD workers assigned to Agency will be non-violent offenders capable of performing basic manual labor activities. ACSO will not assign violent offenders, registered sex offenders or those required to register as a sex offender as SILD workers for Agency. b. Provider supervisory, policy and inmate security information to Agency personnel who work with the SILD workers. c. Provide Workers Compensation insurance for each SILD worker. d. Provide sack lunches for the SILD workers assigned that day. e. Provide safety vests for each SILD worker. The safety vest must be worn the entire time the SILD worker is with Agency. f. Respond on-site as requested by Agency to address SILD worker issues, handle uncooperative SILD workers or otherwise assist Agency with controlling and managing SILD workers. 5. Other Terms and Conditions: a. Workers compensation premiums are based on experience ratings. In an effort to minimize expenses related to workers compensation claims, Agency and ACSO shall conduct a monthly review of workers compensation claims received by the ACSO that are directly related to Agency s use of SILD workers. If any increase in the workers compensation premiums is due to incurred claims costs directly attributable to SILD laborers assigned to Agency (as determined by Ada County Risk Management) whose WC Claim is due, in whole or in part, to negligent oversight by the Agency or general negligence of the Agency, the ACSO will advise Agency of such increase and will provide Agency with documentation demonstrating that the increase in the worker s compensation premiums is due to incurred claims costs directly attributable to SILD laborers assigned to Agency and Agency will be offered the option to (i) cease use of SILD workers immediately; or (ii) pay a fee set by the ACSO to reimburse the ACSO for that portion of the increased workers compensation premiums that is due to incurred claims costs directly attributable to SILD laborers assigned to Agency. Page 2 of 4

5 b. In an effort to proactively address safety issues, the ACSO and the Agency will conduct, at a minimum, annual reviews for the type of work to be performed by SILD workers while working for Agency. This review is designed to assess risk, safety concerns, and to review the Agency s loss 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 SILD workers, review of all safety training and instruction provided by the Agency, claims experience for Agency, accident reviews for Agency and review of all documentation of all loss prevention efforts undertaken or extended by the Agency. c. The ACSO agrees to indemnify, defend and hold Agency harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including without limitation, costs and expenses of investigation, settlement and reasonable attorney s fees and expenses (collectively Claims ) to the extent such Claims are alleged to arise from (i) any act or mission by the ACSO; (ii) the ACSO s performance under this Agreement or a breach by the ACSO of any of its representations or warranties; or (iii) any act, error, omission or any negligence or willful misconduct of the ACSO. Such indemnification shall be deemed to include any act, error, omission or any negligence or willful misconduct of any invitee, agent, employee, SILD worker, contractor or guest of the ACSO. d. Agency agrees to indemnify, defend and hold the ACSO harmless from and against any and all Claims to the extent such Claims are alleged to arise from (i) any act or mission by Agency; (ii) Agency s performance under this Agreement or a breach by Agency of any of its representations or warranties; or (iii) any act, error, omission or any negligence or willful misconduct of the Agency. Such indemnification shall be deemed to include any act, error, omission or any negligence or willful misconduct of any invitee, agent, employee, contractor or guest of the Agency. e. 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. The failure of either party at any time to require performance by the other of any provision of this Agreement shall not affect the right of such party to require subsequent performance of that 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. f. 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. g. 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. h. 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. Agency: As noted above Page 3 of 4

6 ACSO: Ada County c/o Gary Raney Ada County Sheriff 7200 Barrister Dr. Boise, Idaho i. This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. j. This Agreement constitutes the entire agreement of the parties and all other agreements, whether oral or written, relative to SILD workers / services only which are not contained herein are hereby superseded and of no force and effect. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement to be effective as herein provided. ADA COUNTY SHERIFF S OFFICE BOISE CITY By: GARY RANEY, Sheriff By: DAVID BIETER, Mayor Page 4 of 4