The City of Sparks Public Works Maintenance Division has utilized inmate labor provided by the Washoe County Sheriff's Office on a part-time, seasonal basis to augment maintenance activities for weed control in the city's medians, roadside areas, and city parks. Over the last year, Public Works Maintenance staff have been in discussion with the Washoe County Sheriff's Office to provide a full-time inmate labor crew to augment maintenance activities throughout the year. Per the MOU, inmate labor will be provided to the City of Sparks on a full-time basis if the City of Sparks agrees to reimburse the Washoe County Sheriff's Office the cost of an Inmate Work Program Leader (Sheriff's Office employee) on a full-time basis. 

On May 22, 2017, the City Council approved a similar MOU, AC-5370. Washoe County Risk Management reviewed the MOU and added the liability section; the MOU approved by the Sparks City Council was never forwarded to the Washoe County Board of County Commissioners and is now considered void.

The attached MOU provides the terms and costs associated with securing a full-time inmate labor crew from the Washoe County Sheriff's Office for Fiscal Year 2018 and provides for annual renewal after that. The MOU includes the revisions requested by Washoe County, has been reviewed by the City Attorney's office, and has been approved by the Washoe County Board of County Commissioners. 

The MOU between the City of Sparks and the Washoe County Sheriff's Office provides the terms and conditions for providing full-time inmate labor to augment public works maintenance activities for weed control in the city's medians, roadside areas, city parks and other needs as they may occur throughout the year. The MOU provides the following key terms, summarized below: 

Duration: The MOU shall commence upon Sparks City Council approval and notification of funding from the City of Sparks to Washoe County Sheriff’s Office. The MOU may renew each year upon written notice from the City of Sparks to Washoe County Sheriff’s Office on or about April 15 of each year. Either party may terminate its participation in this MOU with 90 days written notice. The Washoe County Sheriff’s Office shall provide inmate labor for the work project commencing on July 1, 2017, through June 30, 2018, and upon notice of renewal for the following fiscal year until terminated by either party. 

Project Description: The Sheriff’s Office will provide a dedicated crew consisting of at least one (1) Inmate Work Program Leader (IWPL) and at least three (3) to six (6) workers to be assigned to city projects. In case of an emergency including but not limited to fire, snow, extreme rain, crime, facility lockdown, or sick/vacation leave of the IWPL, the work crew may be pulled to assist Washoe County. The IWPL position is responsible for supervising inmate workers both inside and outside the detention facility. The Washoe County Sheriff's Office IWPL will be responsible for transporting members of the labor force to the job sites agreed upon by both parties.

Responsibilities: The Washoe County Sheriff's Office will provide vests, clothing, some tools, safety equipment and training to the work crew (gloves, safety equipment, rain gear, and boots).  Supplies for work assignments requiring large quantities of supplies, such as trash bags, dumpsters, special tools and/or equipment are to be provided by the City of Sparks.

Transportation: The participants will be picked up and returned to the designated location by a Sheriff’s Office IWPL according to a mutually agreed upon schedule. Unless otherwise approved, the Sheriff's Office crew will arrive no later than 6:30 a.m. to pick up community service workers/inmate workers. In the event the work crew will not be able to perform work assignment on a regularly scheduled day, the Sheriff's Office will notify the City of Sparks as soon as possible.  

Compensation to Washoe County:  The City of Sparks agrees to reimburse the Washoe County Sheriff's Office the cost of one full-time IWPL. The cost for fiscal year 2018 is $62,855.52. The Washoe County Sheriff’s Office will provide the City of Sparks costs for the full-time position of one IWPL on or before March 15 of each subsequent contract year. The City of Sparks will give notice of renewal or non-renewal within thirty days (30) of receiving the costs for the one IWPL.

The City Council may approve the Memorandum of Understanding.

The City Council may not approve the Memorandum of Understanding and provide direction to the City Manager.

I move to approve the Memorandum of Understanding between the Washoe County Sheriff's Office and the City of Sparks to provide full-time inmate labor to augment public works maintenance in an amount not to exceed $62,855.52 for fiscal year 2018.