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HUMAN RESOURCE AGREEMENT BETWEEN STATE OF IDAHO, DEPARTMENT OF CORRECTION AND City of Moscow This agreement, made and entered into on October 11, 2000, by and between the State of Idaho Department of Correction, hereinafter referred to as "State", and City of Moscow hereinafter referred to as "Moscow", under the provisions of Public Law 94-148, dated December 12, 1975, (16 U.S.C. 565a-1-1-3) and Idaho Code 20-410 (as amended 1980). WHEREAS, The State has established, maintains and operates a Department of Correction; WHEREAS, The State desires to participate in project work programs as a means of pro\7iding healthful, wholesome and educational outdoor activity, valuable job training and development programs for State inmates; WHEREAS, The Director of the Department of Correction, is the designated agent of the Board of Correction for entering into the work projects with city, state and federal agencies; WHEREAS, it is to the mutual benefit of the State and the Moscow to assist and cooperate in a program of improvement work in such ways as will contribute to the public welfare; NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: A The State shall 1. Furnish inmates from the Idaho Department of Correction equipped and clothed with boots, gloves and hard hats to do project work. Inmates will be selected by a screening process conducted by the State that will address physical and mental capabilities. Make work projects available Monday through Friday not to exceed 10 hours per day or 50 hours per week including travel time, or as otherwise provided in the project work and financial plan. 2. Provide all necessary medical attention, including first aid, on the work projects, and shall provide the Moscow written instructions outlining the procedure that the State desires to have followed in case of serious injury or illness of inmates while on work projects. zooo-63 ---PAGE BREAK--- 3. Be responsible for the inmate's housing, feeding, clothing and transportation to and from work sites unless otherwise stipulated in the project work and financial plan. 4. When necessary and agreed upon with the Moscow, provide equipment for use on projects on a reimbursable basis. Types of equipment and reimbursement rates are to be agreed upon in the project work and financial plan. Motorized state equipment will be billed according to the rate schedule attached. (See attachment A) 5. Bill the Moscow for service, tools or equipment and use rates as established in the project work and financial plans, itemizing costs for payment. Billings are to be sent to: Randy Rice D irector of Parks and Recreation P.O. Box 9203 Moscow, ID . 83843 Phone# (208) 883-7087, Fax# (208) 883-7093 Fed. tax ID# 82-6000-227, St. tax ID# x-17464-e-930 6. At all times, have full jurisdiction and custody over and be responsible for supervision, discipline and control of inmates assigned to the Moscow use under this agreement, shall provide the necessary security personnel to accompany crews while on project work. 7. Instruct State work supervisors that they shall receive from the Moscow a copy of the approved work plans and the name of the supervisor under whose technical direction the work is to be done. 8. In connection with the performance of work under this agreement, not discriminate against any inmate because of age, sex, race, religion, color or national origin. 9. Instruct, with the policies of the State, those Moscow personnel who are providing technical assistance to the inmates. Copies of these policies shall be furnished to the Moscow. 10. Provide the Moscow with the name of the State work project liaison officer. 11. Agree not to utilize any person in the project work program, on the "1912" project, who is currently incarcerated for a violent crime against a minor. ---PAGE BREAK--- B. Randy Rice of the City of Moscow Shall; 1. Assign fully qualified and experienced supervisors to provide the technical direction for State work supervisors on all programs undertaken within terms of this agreement. These supervisors shall give specific directions as to what and how project work is to be done, provide technical advice, make necessary corrections or changes in program design, give final approval of project before work crews proceed to the next job, assure that crews are working in a safe manner using tools correctly and conduct safety meetings with crews. In the event that the work crews do not produce the required amount of work, work is not done to approved work plan standards or do not work in a safe manner, the supervisor shall advise the State liaison officer of such defects in performance in writing as soon as possible. 2. Inform the Moscow personnel that they shall not mail or deliver notes or packages for inmates, barter, gamble or furnish money, alcohol, drugs or tangible goods of any kind to any inmate, nor furnish any other item or substance prohibited by the State. 3. Provide all essential tools, equipment, and materials to conduct the project work to be performed by the inmates, exceQt when agreed UQOn in advance that the State will furnish all or part of the tools, equipment and materials for specified projects. 4. Pay the State, based on billings, in accordance with rates established in the project work and financial plan; a. cost of inmate hours worked b. cost of equipment to be reimbursed C. cost of materials furnished d. cost of transportation 5. Provide the State any emergency medical transportation for use by injured inmates which is generally available on the assigned work project to employees. 6. Provide the State with the name of the project work coordinator for the Moscow. C. It is mutually agreed that: ---PAGE BREAK--- 1 . Work to be performed shall be based on the needs of the Moscow. The category shall be within reimbursable project work. 2. The State and the Moscow shall maintain all items such as tools and vehicles they each furnish, in a safe and workable condition. 3. Any facilities or land resources that are constructed, developed or improved under this agreement shall remain the property of the Moscow. This will include any items that may be prefabricated "off-site" for future installation. 4. The Moscow personnel shall submit progress reports or evaluations for those inmates under their technical administration upon request by the State. 5. Inmates placed under this program are not employees of the Moscow for the purpose of laws administered by the Office of Personnel Management and are not entitled to any benefits such as insurance, retirement, leave or workman's compensation insurance. 6. The Moscow shall have no responsibility for payment of any expenses of inmates for which the State has full and exclusive responsibility under this agreement. 7. The Moscow shall not be liable for sickness, accidents, injuries or death of I DOC employees or inmates engaged in any activity conducted under this agreement unless gross negligence can be proven against Moscow, its agents, employees, representatives, or the like. The Moscow is not liable for the misconduct, unauthorized actions or unauthorized absence of inmates. 8. Work performed under this agreement shall not displace regular employees, impair contracts for services in existence during the life of this agreement or compete with free labor or other human resource programs in the production of goods and services. 9. Nothing in this agreement shall be construed as obligating the Moscow or the State in any obligations for the future payments of money in excess of appropriations authorized by law and made available for this work. 10. No member of, or delegate to the Moscow shall be admitted to any share or part of this agreement, or to any benefit that ---PAGE BREAK--- may arise therefrom; but his provision shall be construed to extend to this agreement if made with a corporation for its general benefit. 11. Either party may terminate this agreement by providing 30 days written notice. Unless terminated by written notice, this agreement shall remain in force indefinitely. 12. This contract is made in the State of Idaho and Idaho law shall govern all aspects of this contract. IN WITNESS THEREOF, the parties have executed this agreement as of the last due date written below: James Spalding Date Director, Department of Correction Subscribed and sworn before me this day of , 2000. Dean Allen Notary Public for Idaho Residing at , Idaho Commission expires _ / /0 · OC) Date (0 day of , 2000. No a Public for Idaho Residing at , Idaho Commission expjs;::;;-o 5' / tl -c;uf2tiJ Date ary Public daho 1 Residing at I aho Commission expires 7 CJ(!2) 3