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HomeMy WebLinkAboutJackson County Work Crew Agreement MASTER PARTICIPATING AGREEMENT Between JACKSON COUNTY And CITY OF CENTRAL POINT I. ORS Chapter 190 AGREEMENT This Participation Agreement is hereby entered into by and between Jackson County("County"), and City of Central Point("Agency"). A unit of local government may enter into a written agreement with any other unit or units of local government for the performance of any or all functions and activities that party to the agreement, its officers or agencies have authority to perform. (ORS 190) II. RECITALS A. Jackson County is responsible for supervision and treatment of offenders. It desires to place selected minimum-security offenders("Work Crews") in appropriate work situations to perform work for public benefit while providing opportunities for participation offenders to learn work skills and develop appropriate workhabits. These training activities will aid the clients in successfully re-entering society with practical skills and a viable work ethic. B. Agency is responsible for maintaining properties in Jackson County. The parties have a mutual interest in maintenance of the aforementioned properties. Agency and the County desire to cooperate in a program of performing such work with Work Crews. Work will consist of weeding, mowing and similar manual work. C. County can facilitate and accomplish work projects for the Agency by hosting the Work Crews, which provide work and training opportunities for the crews. III. AGREEMENT A. RESPONSIBILITIES In consideration of the above recitals, the parties agree as follows: 1. Agency Responsibilities a) Agency will supply a work order(a"Work Order"), in the form attached as Exhibit A, which shall include the name of the Agency, contact person, and a detailed description of the project. County shall have 10 days from the date of issuance by Agency to accept or reject a Work Order, and if County does not respond within such 10-day period, then the Work Order shall be 1 automatically deemed rejected. b) A Work Order shall have no force or effect unless it is mutually agreed upon by the parties. 2. County Responsibilities: a) Perform directly the work under this Agreement as described in work order referred to in subparagraph III.2 (a). b) County agrees to provide all equipment, tools, labor and materials required to carry out the specifications of the projects. The work shall be performed using the County's own equipment. The County shall furnish all supplies and parts. c) County agrees to perform the work expeditiously in conformance to specified Work Orders and in accordance with relevant industry standards. d) County agrees to provide a Work Crew Supervisor on site to directly supervise and lead clients on the crew. 3. Scheduling—Scheduling for work performed under a Work Order shall be subject to the mutual agreement of the parties. B. CHANGES IN WORK A Work Order may amended from time to time by the parties,but such amendment shall have no effect unless it is executed by both parties. II. TERM The term of this agreement shall begin on the date all parties have signed the agreement and terminate on June 30, 2022. III. CONSIDERATION A. Agency shall be billed by the County,per eight hour day, the following rates: Job Type I Minimum#ofClients I Price per crew or rental Work Crew 5 $450.00 Brushing Crew 4 $500.00 Chipper Rental $150.00 Chipping Crew 2 $500.00 B. Reimbursement for work performed shall not exceed a maximum as may be specified in the Work Order without written consent of both County and Agency. 2 C. Consideration shall be paid only after completed work has been inspected and approved by Agency Project Manager, upon submission of invoice.Invoices for all work performed under this agreement shall be sent to Agency, Attention: Parks Department, City of Central Point, 140 S. 3`d St., Central Point, OR 97502. Agency agrees to pay invoice within 30 days of receipt. IV. TERMINATION This agreement may be terminated: A. At any time by mutual consent of both parties. B. By either party at any time and for any reason upon 10 days written notice, inwriting, delivered by certified mail to the other party. C. By either party effective immediately upon delivery of written notice to the other under any of the following conditions: 1. If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the indicated quantity 2. If federal or state laws, rules, regulations, or guidelines are modified, changed or interpreted in such a way that services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payment authorized by this agreement. 3. If any license or certifications required by law or regulation to be held by County to provide the services required by the agreement is for any reason denied,revoked or not renewed. VII. DEFAULT Notwithstanding anything in this agreement or any Work Order to the contrary, the sole and exclusive remedy of Agency(whether at law, in equity, in contract, in tort, or otherwise)against the County for any breach of this agreement (including,but not limited to,breach of any Work Order) shall be to terminate this agreement. VIII. GENERAL A. RECORD MAINTENANCE County shall keep and maintain complete and accurate records concerning all aspects of the work. County shall allow Agency representative to 3 examine and copy records which are pertinent to the agreement while the work is in progress and within six years after the completion of the work or termination of the agreement. This includes a daily log of who worked at each site on each day. B. ASSIGNMENT Neither party shall assign or transfer interest in this agreement without the express written consent of the other party. C. AMENDMENTS Terms of this agreement shall not be waived,modified, supplemented or amended, in any manner whatsoever except by written instrument signed by both parties. D. FORCE MAJEURE County shall not be responsible for delay or default by fire, riot, acts of God and war,which is beyond the County's reasonable control. E. WAIVER The failure of Agency to enforce any provision of this agreement shall not constitute a waiver by Agency of that or any other provision. F. INDEMNITY Subject the conditions and limitations of the Oregon Tort Claims Act and the Oregon Constitution, County shall indemnify and defend Agency against any and all claims, demands, damages, liabilities and costs incurred by Agency which arise from any negligent act or omission of County and its officers, agents, employees, and volunteers under this agreement. Subject the conditions and limitations of the Oregon Tort Claims Act and the Oregon Constitution, Agency shall indemnify and defend County against any and all claims, demands, damages, liabilities and costs incurred by County which arise from any negligent act or omission of Agency and its officers, agents, employees, and volunteers under this agreement. G. INSURANCE The County maintains a self-insurance program in accordance with Oregon law for workers compensation, general liability, and automobile liability insurance. County shall maintain adequate funding of this self-insurance to cover any claim against County that may arise out of this agreement. H. COMPLIANCE WITH APPLICABLE LAW Both parties agrees to comply with all federal, state, county and local laws, 4 ordinances and regulations applicable to the agreement. I. CHOICE OF LAW; VENUE This agreement is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding between County and Agency that arises from or relates to this agreement must be brought and conducted solely and exclusively within the Circuit Court of Jackson for the State of Oregon. AGENCY, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. J. NOTICES Any notice required or permitted under this agreement is deemed received 3 days after deposited in the United States mail, certified and postage paid, and addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing; or confirmed delivery date by overnight mail; or upon the date of personal delivery or service. K. MERGER This agreement constitutes the entire agreement between the parties.No waiver, consent,modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written not specified in this agreement regarding this agreement. Each party,by the signature of its authorized representative, hereby acknowledges that it has read this agreement,understands it and agrees to be bound by its terms and condition. IN WITNESS WHEREOF, COUNTY and Agency have executed this agreement as,the date, signature below. COUNTY AGENCY `/ L�LZ� ,..—.J.--).",..., By�--�"( .,Danny Jordan, County Administrator Title Chr^e„S —/4 f fie,,-/j ,e,,, Date: J j c [ Za) Date: 53'-7 -21)20 Address: Address: A4, roved as toLe.,:i'Sir'ei e ier i ) 5 Exhibit A Project Work Order Form/Scheduling Request Jackson County Community Justice Jason Marshall Email: MarshaJS@iacksoncountv.org Phone: (541)774-6638/Fax: (541)774-6629 Invoice Questions: Dottie Musoif Email: MusolfDL@iacksoncountv.org Phone: (541)774-4925 Requesting Agency: Contact Person: Phone Number: Cell Number: Fax Number: PO Number: Coordination Project Manager in the field who will explain the project and specifications,equipment needed, plan work schedules: Project Manager and Phone Number: Description of project, equipment or tools requested,special consideration or restrictions: Requested Date: Ongoing: Agency Representative: Date: CJTC Representative: Date: