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HomeMy WebLinkAbout2008-118 Agrmt Community Service Parks & Rec JACKSON COUNTY AND PLACEMENT AGENCY COMMUNITY SERVICE PROGRAM AGREEMENT This Community Service Program Agreement (the "Agreement"), made and entered into by and between Jackson County, a political subdivision of the State of Oregon, hereinafter called "County", and CITY OF ASHLAND by and through ASHLAND PARKS AND RECREATION, hereinafter called "Placement Agency" or "Agency". For consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. PURPOSE A. This Agreement is to initiate and establish a relationship between participating Placement Agencies and Jackson County. This Agreement dictates the relative responsibilities of the Parties and respectively allocates risks of liability for monitoring, supervising, and reporting the participation of Jackson County Community Justice Department client's in court ordered Community Service activities. II. DE}lNITIONS A. "Community Service" as defined by Oregon Revised Statutes, means uncompensated labor for an C:\gency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare. B. "Placement Agency" (Hereinafter "Agency") means a nonprofit organization or public body agreeing to accept Community Service clients ("Clients") from Jackson County Community Justice Department ("Department") and to report on the progress of ordered Community Service to the Court or its delegate, the Department. III. . PROGRAM DESCRIPTION A. Jackson County Community Justice Department Staff("Program Staff') interview and screen criminal offenders upon whom the Court or a Parole and Probation Officer has sentenced or imposed a condition to perform a specific number of hours of Community Service work. In cooperation with participating placement agencies, Program Staff assign community service workers to placement agencies to perform the required Community Service work by a specific date. Program staff will monitor monthly progress and work with placement agencies to assist Page - 1- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 with offenders. Based on information supplied by Placement Agencies, Program Staff will report to the court or the sanctioning authority concerning the Clients' compliance with the terms of their Community Service obligations. IV. EFFECTIVE DATE AND DURATION Placement Agency's services will begin on the date that this Agreement is signed by all parties. Unless earlier terminated or extended, this contract shall expire on JUNE 30, 2011 or 30 days after either Party gives written notice to the other of its intent to terminate this Agreement. V. JACKSON COUNTY RESPONSIBILITIES A. Program Staffwill describe the program to the Agency contact/designee and will ascertain any required/pertinent information about the Agency. B. Program Staff will provide assistance to the Agency to improve utilization of the Client( s) for work and to maintain information. C. Program Staff will maintain its internal information concerning the Agency and Agency resource files. D. Program Staff will advise Agency contacts of any change in the program that may impact the Agency. E. Program Staff will assist Agency personnel in resolving any specific problems with Clients. F. Program Staff will assign appropriate clients to the Agency, based on the initial intake interview and requirements stipulated by the Agency. 1. Program Staff will ensure that Clients are appropriately notified that the Client's participation in the Community Service program is strictly voluntary and in no way obligates payment of wages by or promises employment with the Agency or any other party. G. Jackson County provides a program of Volunteer Injury Coverage which applies only to Clients assigned to the Agency, and after any other applicable and collectible insurance which purports to be a primary coverage. Following notification from the Agency that a Client has been injured while performing work as a result of this Agreement, Jackson County will determine the applicability of this coverage. VI. PLACEMENT AGENCY RESPONSIBILITIES Page - 2- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 A. The Agency shall designate a staff person who will act as the Agency contact. After the Program Staff screens the Client, the Agency "contact" will then be responsible for either accepting or rejecting the Client, and for monitoring Clients' performance for the duration of the Clients' hours of Community Service for the Agency. B. The Agency will not discriminate in serving Clients or in selection of volunteers on the basis of race, sex, age, marital status, religion, handicap, color, political affiliation, national origin or any other non-merit factor. C. The Agency contact or designee will interview the potential Client(s). 1. The Agency will only accept those Clients assigned by the Program Staff to the Agency and who show proof of such assignment. If the Client is accepted by the Agency, then the Agency and the Client will establish a work schedule/work assignment. The Agency will provide any necessary training for the successful completion of the work assigned to the Client. 8. The Agency will determine the Client's capability to do the work assigned, and it will reasonably address any relevant physical limitations the Client exhibit or documents. b. If the Client is not accepted by the Agency, the Agency "contact" will notify the Program Staff, and will explain why the Client was rejected by the Agency. 2. The Agency will notify Program Staff prior to assigning any Client to work comprising a "public works" as defined pursuant to ORS 279.348(3) or as otherwise def?ned by the following: "Public works" includes, but is not limited to, roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve the public interest but does not include the reconstruction or renovation of privately owned property which is leased by a public agency." 3. At no time will the Agency assign work to a Client that allows or requires that Client to: a. Operate a motor vehicle. b. Come into contact with alcoholic beverages or controlled substances. c. Have access to minor children. (If Client has past or present sex offense on their record) Page - 3- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 D. The Agency shall document the hours worked by the Client( s) and shall record that information on the Community Service Certification form provided to the Client and delivered to the Agency. 1. The Agency will maintain its own records of the hours worked by the Client(s). 2. The Agency shall report hours worked on a monthly basis using monthly report forms provided by the Community Service Program for that purpose. 3. The Community Service Program shall receive the monthly report of hours by the 5th of every month. When the Client's due date has been reached or total hours have been completed, the certification form of hours shall be returned to the Community Service Program. (Only if problem then notify) E. The Agency shall report any supervision problems and physical injuries received by the Client to the Program Staff. 1. The Agency will notify the Program Staff of any failure by Clients to fulfill his/her obligations to report pursuant to an established work schedule, complete a work assignment, or otherwise not substantially comply with terms of his/her supervision or placement. 2. If any injury occurs, the Agency shall insure the proper medical care is provided and will notify the Program Staff immediately. The Agency will provide appropriate documentation explaining the incident and cooperation in the investigation for such injures. a. Agency acknowledges that Client is not a "worker" for County for purposes of or issues pertaining to Worker's Compensation coverage under State law. F. The Agency is responsible for compliance with all applicable health and safety regulation (e.g. OR-OSHA) during the performance of work under this Agreement. This includes providing the Client with appropriate safety equipment, providing training in the use of the equipment and ensuring it use. Any refusal by the Client to utilize any of the above equipment or comply with any health and safety regulation will disqualify the Client from being allowed to perform any further work. In this case, the Agency will notify the Community Service Program and return the Client to the Community Service Programs for further disposition. G. The Agency shall advise the Program Staff of any changes in the Agency that would affect future use of the Agency as a Community Service placement site. VII. LIABILITY A. To extent permitted by the Oregon Tort Claims Act as applied to County, Parties will indemnify and defend each other from any claim or liability resulting from error, omission, or act of negligence on the part of the others officers, employees, Page - 4- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 or agents in the performance (or nonperformance) of work done pursuant to this Agreement. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents. B. Neither Party nor its agents or employees shall represent to the Client that the other shall assure or otherwise provide any form of liability coverage for the Client arising out of the Client's activities or activities of the County, its agents or employees, or the Placement Agency, its agents or employees under this Agreement. The Parties will encourage clients to obtain their own insurance. VIII. INSURANCE A. Agency shall retain General Liability Insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. B. Agency shall at its own discretion, or if necessary, provide Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. IX. GENERAL PROVISIONS A. Agency certifies that it possesses the legal authority to enter into this Agreement. B. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. C. The Parties shall act in accordance with all applicable federal, state, county, and local laws, ordinances, and regulations effecting this program and the work done by the Clients. D. This agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties hereto. E. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. F. This Agreement shall not become effective until all parties hereto have executed this Agreement. Page - 5- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 G. This Agreement contains the entire agreement between the parties hereto and supersedes any and all prior express and/or implied statements, negotiations and/or agreements between the parties, either oral or written. ~!mbtv WHERE<?1 the parties hereby enter into this Agreement this L day of , lUflo. PLACEMENT AGENCY JACKSON COUNTY \~ Date <~~ ~ Jordan County Administrator /z-/~)h. Date Approved as to Form QI1~.~ . ..JiL Richard Ap . i e J This contract is a county template written by County COl,lnsel. Page - 6- COMMUNITY SERVICE PROGRAM AGREEMENT Revised 2-05 liT