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HomeMy WebLinkAboutItem 15 Lane County Adult Work Crew Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 2, 2007 Regular seSf{Sion ./ Public Works Len Goodwi 726-3685 5 minutes AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: LANE COUNTY ADULT WORK CREW ACTION REQUESTED: Approve or not approve a motion authorizing and directing the City Manager to execute an Intergovernmental Agreement with Lane County authorizing the Lane County Sheriff to deplore members of the Adult Work Crew to provide services to the Maintenance Division and Environmental services Division of the Public Works Department. ISSUE STATEMENT: Because of budget reductions at Lane County, the Lane County Sheriff now is able to deploy adults serving their sentence outside of a secure facility by providing manual labor to other agencies. The Public Works Department can take advantage of these services to perform work that is needed but generally not within the priorities of assignments to regular personnel. ATTACHMENTS: A.: B.: Council Briefing Memorandum Proposed Intergovernmental Agreement DISCUSSION/ FINANCIAL IMPACT: For a number of years the Lane County Sherriff has operated a road crew. Participants in the Road Crew have been convicted of criminal activity but are not incarcerated. These individuals are sentenced to serve a specified number of days performing general labor, as an alternative to incarceration. As part of the restructuring in anticipation of the loss of federal timber revenues, Lane County Public Works has terminated its road crew program. The Sheriff is now exploring opportunities to be able to continue to provide non-custodial supervision ofthese offenders. The Sherriffwill charge $75.00 per hour for services performed by the work crew. City staff have identified a number of projects, including graffiti removal, alley cleanup and vegetation removal, which could be performed by the crew at a cost far below what would result if regular City staff were used. Public Works Environmental Services Division staffhave also identified a number of projects, general involving vegetation management, that exist at various parts of the regional sanitary system. Money is available in the current budget to fund a modest program which would provide'the City and the Regional Sewer System with the equivalent of two days of work each week. Staff recommends that the Council approve the City's participation in the Adult Work Crew Program by authorizing and directing the City Manager to execute an intergovernmental agreement with Lane County substantially in the form of Attachment B. 6/25/2007 Page I MEMORANDUM City of Springfield Date: To: June 25, 2007 Gino Grimaldi, City Manager Len Goodwin, Assistant Public Work Director From: COUNCIL BRIEFING MEMORANDUM Subject: Lane County Adult Work Crew ISSUE: Because of budget reductions at Lane County, the Lane County Sheriff now is able to deploy non-custodial adults to provide manual labor to other agencies. The Public Works Department can take advantage of these services to perform work that is needed but generally not within the priorities of assignments to regular personnel. BACKGROUND: For a number of years the Lane County Sherriff has operated a road crew. Participants in the Road Crew are individuals who have been convicted of criminal activity but are not incarcerated. These individuals, many of whom are employed in the community, are sentenced to serve a specified number of days performing general labor, as an alternative to incarceration. Sergeant Dan Buckwald, of the Sherriff's Office, describes the Adult Work Crew as follows: The Adult Work Crew is an Alternative Program designed to reduce overcrowding in the jail. At the same time it offers the opportunity for low risk offenders to maintain family and community ties while still holding them accountable for their offenses. The Adult Work Crew provides inmate labor for community non-profit and government agencies. Work performed provides a low cost alternative to many agencies that could otherwise not complete projects. Inmates are supervised by a uniformed deputy sheriff who provides a liaison between the customer and the Sheriffs Office as well as providing instructions and directions to the inmate crew. Crew deputies will ensure safety practices are adhered to, inmates presents themselves in a positive manner and that the work is performed to the customer's requirements. Deputies are trained in First Aid and CPR and carry medical kits. Adult Work Crew Trucks are fully contained to include bathrooms, meals, safety equipment and an assortment of hand tools. Lane County provides medical insurance for all participants Offenders consist of males and females that are physically able to work. Crews are made up of 12 offenders and have the ability to work throughout Lane County. Work performed consists of general labor. Projects can include but are not limited to: · Brush / weed removal of parks, roadways, open spaces and agency buildings. · Litter patrols · Illegal dump sites and transient camps . Special events · Sporting events · Painting projects Attachment A, Page 1 of 2 . Furniture moving . Almost anything done by hand. As part of the restructuring in anticipation of the loss of federal timber revenues, Lane County Public Works has terminated its road crew program as of June 30. The Sheriff is now exploring opportunities to be able to continue to provide non-custodial supervision of these offenders and, , , have renamed the program the Adult Work Crew. The individuals involved are non-violent offenders who typically have been convicted of property or drug crimes; those who stand convicted of violent personal crimes are not eligible for a sentence to service on the crew. Unlike the forest work crew, members of the adult work crew are in a non-custodial situation. They are free to return to their homes and employment at times not engaged in work crew service. The crew is now performing services for the City of Eugene Parks Department. The crew consists of 12 inmates, under the supervision of a Deputy Sheriff. They are provided hand tools and transported to and from the work site. The Sherriff provides meals, sanitary facilities and all of the other needs. The Sherriff will charge $75.00 per hour for services performed by the work crew. ' DISCUSSION: City staffhave identified a number of projects, including graffiti removal, alley cleanup and vegetation removal, which could be performed by the crew at a cost far below what would result if regular City staff were used. While these projects are all important in preserving and enhancing the appearance of the City, in many cases they are not as urgent as the critical needs to which Public Works Maintenance Division staff are now assigned. We do not anticipate that use of the Adult Work Crew would raise any issues with respect to the AFSCME collective bargaining agreement, since the work is similar to that performed by summer workers and use of the Work Crew would not result in any reduction of the need for regular AFSCME employees. Public Works Environmental Services Division staff have also identified a number ofprojects, general involving vegetation management, that exist at various parts of the regional sanitary system. Like the local projects, as valuable as this work might be, the limited resources available in Eugene's Wastewater Management Division cannot be assigned, because their current work is of higher priority. While the City's appetite for the services available might be virtually limitless, staff recommends that for the coming fiscal year we test a modest program which would provide the City and the Regional Sewer System with the equivalent of two days of work each week. This would involve an expenditure of about $62,400. At this point, staffhave identified about $40,000 that can be used for this purpose from available property management and contractual services budgets in the Maintenance and Environmental Services Divisions. To assure that spending for the Adult Work Crew is kept within budget limits, the Intergovernmental Agreement contains a "not to exceed" limitation of $40,000. During the year staff will evaluate the program and, if it seems the services are valuable and appropriate, may request a budget modification to assure that a full year of service can be funded at the level of two days per week. RECOMMENDED ACTION: Staff recommends that the Council approve the City's participation in the Adult Work Crew Program by authorizing and directing the City Manager to execute an intergovernmental agreement with Lane County substantially in the form of the draft presented. Attachment A, Page 2 of 2 fflTERGOVERNMENTALAGREEMENT BETWEEN: The City of Springfield, a municipal corporation of the State of Oregon AND: Lane County (County), a unit oflocal government ofthe State of Oregon EFFECTIVE DATE: 1 July 2007 RECJIT ALS ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its officers, or agents have the authority to perform. Whereas, County is the administrator of the Corrections Division Adult Work Crew program and wishes to provide work activities for its inmates. City wishes to accomplish certain maintenance work on City owned land and rights of way. It is advantageous for County and City to jointly participate in field work to the mutual benefit of both parties. Whereas, City and County desire to enter into a contract where County will provide the services described in this agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above premises, the parties agree as follows: A. County shall: 1. ,Select and assign inmates to crews. Crews will normally consist of twelve (12) inmates per one (1) deputy. Each crew will be supervised by a County deputy. 2. Provide food in quantities and quality suitable for arduous labor. Inmates will be provided with a sack lunch prior to their departure from the facility. 3. Furnish inmate crews with clothing as appropriate to the season and the task to be performed. lIDs will include rain gear, work gloves, work boots, hard hats and any personal protective gear required by safety rules. 4. Be responsible for all necessary medical attention for workers injured while engaged in work under this agreement. . 5. At all times provide full jurisdiction over and be responsible for the supervision, discipline, and control of inmates assigned to work projects under this agreement. Attachment B, Page 1 of 4 6. Be responsible for the transportation of all inmates working under this agreement. 7. Provide all hand tools and equipment necessary for the assigned tasks. 8. Maintain liability insurance in the amount of $500,000 per occurrence, naming the City as an additional insured. B. City shall: 1. Assign a representative as technical liaison for each project. 2. Provide to County supervisory personnel any technical assistance needed to clarify project specifications or needs, and to provide detailed site instruction and necessary training. 3. Loan essential tools and equipment, and provide necessary materials for the adequate completion of project work, which are not already provided by County. 4. In its determination of projects, ensure that the work sites are suitably safe without inherent risk and that the inmate tasks can be performed in a safe manner. C. It is mutually agreed between both parties that: 1. City shall submit to County a list of proposed projects with an estimate of the time frame and number of person-days required for each project. City will, with each approaching project, provide a project request containing a description of the work to be accomplished, technical specifications, project locations and required accomplishment dates. A project request may be submitted orally or in writing. 2. County and City agree upon a rate of reimbursement of$75.00 per hour for each hour worked by a crew under this agreement. County shall submit invoices to City detailing project and hours worked by crew. City shall reimburse County within 30 days of receipt of an invoice. 3. The total obligation ofthe City under this Agreement is not to exceed $40,000. 4. Neither entity's employees shall be considered employees of the other entity. Neither the County nor the City shall have the responsibility for the payment of wages or related benefits such as health insurance or unemployment compensation for the other's employees. The work crew members shall not be considered employees of either party. 5. City and County will meet as often as necessary to effect administration of the agreement. 6. City shall inspect and certify completion of all work performed. Attachment B, Page 2 of 4 D. Indemnity. Each party agrees to indemnify, defend and hold harmless the other party from and against all claims or damages which may arise due to the action of that party. Each party's obligation to indemnify, defend and hold harmless the other party is subject to the limitations of ORS 30.260 et. seq. "Tort Action Against Public Bodies" and the County's obligation is further limited by Article XI, Section 10 of the Oregon Constitution. E. Term of Agreement. This agreement shall be in effect from effective date shown above to June 30 2008, unless earlier terminated. This agreement may be terminated by either party upon 30 days written notice from one party to the other. F. Contract Administration. Each party designates the following as its representative for purposes of administering this agreement. Either party may change its designated representative by giving written notice to the other as provided in paragraph J. County: Lt. Doug Hooley Lane Coun~ Adult Corrections 101 West 5 Street Eugene, Oregon 97401 City: Maintenance Manager City of Springfield 201 S. 18th Street Springfield, Oregon 97478 G. Dispute Resolution. The parties shall exert every effort to cooperatively resolve any disagreements they may have under this Agreement. In the event the parties are unable to resolve any conflict under this Agreement, a party may request arbitration by providing notice to the other party, and upon mutual agreement to submit to arbitration, the parties shall attempt to agree upon an arbitrator. If the parties are unable to agree upon a single arbitrator within 14 days of the date of notification, arbitration shall be conducted by a panel of three arbitrators, one selected by each party and the third selected by the two arbitrators. If a party refuses to agree to a single arbitrator or to select an arbitrator, a party may petition the presiding judge of the Lane County Circuit Court to make the selection. The arbitration shall be conducted in~accordance with the rules of the American Arbitration Association and the applicable provisions ofORS 190.710 to 190.800 or future laws which replace such statutes, with the following conditions and exceptions: 1) The location of the arbitration shall be in Eugene, Oregon; 2) Each party shall bear its own costs (except arbitration filing costs), witness fees, and attorney fees; 3) Arbitration filing costs and any arbitrator's fees will be divided equally between the parties; and 4) Judgment upon award rendered by the Arbitrator may be entered in a court in Lane County, Oregon. H. Assignment. Neither party shall assign this agreement in whole or in part, or any right or obligation hereunder, without the other party's written approval. Attachment B, Page 3 of 4 1. Compliance with Laws. County and City shall comply with all applicable federal, state and local laws, rules, ordinances and regulations at all times and in the performance of the work. J. Notices. Any notices permitted or required by this agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested and addressed to the representative designated in paragraph F. Either party may change its address by giving notice to the other in accordance with this paragraph. K. Integration. This agreement embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supersede all prior communications, representations or agreements, either oral or written, between the parties. This agreement shall not be amended except in writing, signed by both parties. L. Interpretation. This agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. LANE COUNTY CITY OF SPRINGFIELD Russel E. Burger Sheriff Signing Authority Title Date Date William A. Van Vactor County Administrator Date Attachment B, Page 4 of 4