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Home My WebLink About2005-216 Agrmt - Jackson Cty Community Justice CITY RECORDER'S COpy MASTER PARTICIPATING AGREEMENT 2009-2006-09 Between JACKSON COUNTY COMMUNITY JUSTICE And CITY OF ASHLAND I. ORS 190 AGREEMENT WITH THE CITY OF ASHLAND This Participation Agreement is hereby entered into by and between the Jackson County Community Justice, hereinafter known as the County, and City of Ashland, hereinafter known as the City. A unit oflocal 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 in appropriate work situations to perform work for public benefit while providing opportunities for participation offenders to learn work skills and develop appropriate work habits. These training activities will aid the clients in successfully re-entering society with practical skills and a viable work ethic. B. The City is responsible maintaining the land and serving the people within City of Ashland. The parties have a mutual interest in maintenance of the au)rementioned maintaining the land and serving the people. The City and the County desire to cooperate in a program of improving resources in the City and to do such work with Community Justice Work Crews. Work will consist of maintaining the grounds of city buildings, cemeteries and parks, trail maintenance, litter pick-up, cleaning ditches, fuel reduction, chipping, breaking and emptying bags of leaves and similar manual work. C. The City can facilitate and accomplish work projects for the City by hosting the Jackson County Community Justice Work Crews, which provide work and training opportunities for the crews. 1 III. AGREEMENT A. RESPONSIBILITIES In consideration of the above premises, the parties agree as follows: (1) Mutual - County and City shall mutually agree upon a schedule for the performance of the County's services, allowing time for the City Project Manager to review the work. (2) City of Ashland -City (a) City will supply a Work Order, in the general form provided as Exhibit A, for each job with Project Work Specifications. Each job will be unique. (b) City will supply a technical person (Project Manager) to directlinspect the work of the County. (3) COUNTY- County agrees to: (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. B. CHANGES IN WORK The County will perform no work beyond that described in the Work Order except pursuant to written change orders submitted to the County by the City. 2 IV. TERM The term of this agreement shall begin on the date all parties have signed the agreement and terminate on December 31, 2006. V. CONSIDERATION A. City will pay the County the following rates: City shall be billed by the County $350 per eight hour day for a minimum of a six person crew with supervisor. Ifrequested the chipper and a minimum oftwo person crew with supervisor will be $400 per eight hour day. 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 City. C. Consideration shall be paid only after completed work has been inspe:cted and approved by City Project Manager, upon submission of invoice. Invoices for all work performed under this agreement shall be sent to City of Ashland, Dan Nicholson, 90 N Mountain Avenue, Ashland OR 97520. City agrees to pay invoice within (30) days of receipt providing County has met all conditions and requirements of the agreement. VI. TERMINATION A. This agreement may be terminated immediately at any time by mutual consent of both parties, or by either party upon (10) days written notice, in writing, delivered by certified mail. Either party may terminate this agreement 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 of services, the agreement may be modified to accommodate reduction in funds. (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 D)r any reason denied, revoked or not renewed. B. Any termination of this agreement under paragraph A. of this section shall be 3 without prejudice to any obligations or liabilities of either party already accrued prior to termination. VII. DEFAULT A. City by written notice to County of default, including breach of agreement, may terminate the whole or any part of this agreement: (1) If County fails to provide services called for by this agreement, or any extension thereof; or, (2) If County fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger the performance ofthis agreement in accordance with its terms, and the receipt of written notice from City fails to correct such failures within three days or such longer period as City may authorize. B. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement. VIII. GENERAL CONDITIONS A. RECORD MAINTENANCE County shall keep and maintain complete and accurate records concerning all aspects of the work. County shall allow City representative's to 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 County shall not assign or transfer interest in this agreement without the express written consent of the City. C. AMENDMENTS Terms of this agreement shall not be waived, modified, supplemented or amended, in any manner whatsoever except by written instrument and as signed by both parties. D. FORCE MAJEURE County shall not be responsible for delay or default by fire, riot, acts of God and 4 war, which is beyond the County's reasonable control. E. WAIVER The failure of City to enforce any provision of this agreement shall not constitute a waiver by City of that or any other provision. F. INDEMNITY To extent permitted by the Oregon Tort Claims Act, County will indemnify and defend City from any claim or liability resulting from error, omission, or act of negligence on the part of the County, its officers, employees, or agents in the performance (or nonperformance) of work done pursuant to a Work Order provided by City. 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. G. INSURANCE The County is self-insured and maintains adequate and appropriate types of insurance coverage in amounts no less than state law requires for workers compensation, comprehensive general liability covering both bodily injury and property damage, and automobile liability covering both bodily injury and property damage. Should other parties require that additional insurance coverage beyond State of Oregon levels be maintained throughout the term of this agreement, such parties agree to reimburse County for the additional cost as determined by the County Risk Management Office. H. COMPLIANCE WITH APPLICABLE LAW County agrees to comply with all federal, state, county and local laws, ordinances and regulations applicable to the agreement. 1. MERGER This agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bindl 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. County, 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 conditions. 5 IN WITNESS WHEREOF, COUNTY and CITY OF ASHLAND have executed this agreement as the date signature below. COUNTY CITY OF ASHLAND ~ ~ 3/.;J.'1/oS- (Signature ) (Date) \'Jf\N N \ C~~ )s Dt0 (Printed Name) ~W",-J\v S ..~~n ~itle) l . \2~,,~~ '3115/~O 05 (Signature) (~) SUSAN E. SLACK (Printed Na~ty Administrator (Title) APPROVED AS TO FORM: Do as M McGeary Assistant County Counsel 6