09-099 Project White Papers re Alternative Justice Service Options INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF SPOKANE VALLEY
AND
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT
THIS AGREEMENT ("Agreement")is entered into by the Washington State
Department of Community, Trade and Economic Development(hereinafter referred to as
"CTED") and the City of Spokane Valley,Washington (hereinafter referred to as the "City").
CTED and the City are the"Parties"to this Agreement.
IN CONSIDERATION of the mutual covenants contained herein,the sufficiency of
which is hereby acknowledged,the Parties agree as follows:
1. Purpose
The Purpose of this Agreement is to provide for the development and presentation of two white
papers (an endeavor hereinafter referred to as the "Project") analyzing the cost and viability of
alternative justice services options in anticipation of the potential loss of the City's current
service provider, Spokane County.
2. Scope of Work and Deliverables- CTED
2.1 Scope of Work
The following questions would be addressed in the two Project white papers prepared for
the City Council and City Manager:
o What is the comparative projected net cost over five years, including any start up costs,
of three court services options—Spokane County District Court contract, City of
Spokane Municipal Court contract and a City of Spokane Valley Municipal Court?
o What is the comparative projected net cost over five years, including any start up costs,
of the alternatives available for the provision of public defense, city prosecutor and
probation services (including the scope of the city's existing pre-trail services
contract)?
o What are the policy, operating and service delivery considerations for each option?
o What are the city's service delivery requirements including customer experience and
criminal justice outcomes now and into the foreseeable future,that need to be addressed
by any contract?
o What are the major findings, any conclusions and recommendations?
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2.2 Deliverables
2.2.1 CTED shall designate a project lead to work with the City on this project(see
Section 13).
2.2.2 CTED shall prepare two white papers, including an executive summary, each
with a maximum length including attachments of 50 pages.
2.2.3 The first white paper would cover court services options and be provided to the
City by September 30,2009.
2.2.4 The second white paper would cover public defense, city prosecutor and
probation services and be provided to the city by October 30, 2009.
2.2.5 CTED shall prepare the evaluation with the involvement of city staff in order to
allow the city to update the evaluation over time in-house as necessary.
2.2.6 CTED shall provide one in-person presentation of the results to the city for each
white paper.
2.2.7 CTED shall prepare and submit to the City a draft of each white paper for
review and approval by the contract administrator.
2.2.8 Unless otherwise agreed, CTED shall prepare and submit to the City final
written white papers in electronic(MS Word) format,to be delivered to the City
within ten(10) days following CTED'S receipt of final comments on the draft
report from the City contract administrator.
3. Scope of Work—CITY
3.1 The City agrees to assign a project lead and other staff participants as follows:
3.1.1 City Attorney's Office representative
3.1.2 Financial Analyst
3.1.3 Support Staff
3.1.4 Police representative
3.1.5 Person(s)to consult on site/facility improvement pricing
3.2 City agrees to acquire requested documents; schedule interviews, stakeholder review
and project meetings; set up video interview equipment, etc.
3.3 Financial analyst to produce excel spread sheet(s) of five-year proforma working with
contractor.
3.4 Site/facility and legal experts to consult and provide information. Attorney will be
asked to provide written legal memo addressing legal questions.
3.5 Participate in project meetings.
3.6 Provide introduction to key informants including county and city of Spokane officials.
3.7 Provide one review of each draft white paper within one week of receipt from
contractor.
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4. Payment Provisions
4.1 Process: When requesting payment for services provided to the City under the terms
and conditions of this Agreement, CTED shall submit to the City a signed and
completed Invoice Voucher(Form A-19),referencing the activity or activities
performed, and any appropriate supporting documentation. Vouchers may be
submitted at CTED'S discretion, but not more frequently than once each month the
Agreement remains in effect. The voucher must be certified by an official of CTED
with authority to bind CTED. The final voucher shall be submitted to the City within
thirty(30) days following the completion of work or other termination under this
Agreement.
4.2 Rate of Reimbursement: The City shall reimburse CTED for services performed
under this Agreement in accordance with the following schedule.
4.3.1 Professional services: $70 per hour maximum
4.3.2 Travel and per diem: At published state rates,per State of
Washington, Office of Financial Management guidelines
4.3.3 Printing and copies: At cost
4.3 Not to Exceed Contract Cost: The total contract cost is not to exceed forty nine
thousand eight hundred dollars ($49,800).
5. Independent Capacity
5.1 The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
6. Disputes
6.1 In the event that a dispute arises under this Agreement, it shall be determined by a
Dispute Board in the following manner: Each party to this Agreement shall appoint
one member to the Dispute Board. The members so appointed shall jointly appoint
an additional member to the dispute Board. The Dispute Board shall review the facts,
contract terms and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the
parties hereto.
7. Governance
7.1. This Agreement is entered into pursuant to and under the authority granted by the
laws of the state of Washington. The provisions of this Agreement shall be construed
to conform to those laws.
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7.2. In the event of an inconsistency in the terms of this Agreement, or between its terms
and any applicable statute or rule,the inconsistency shall be resolved by giving
precedence in the following order:
7.2.1 Applicable state and federal statutes and rules;
7.2.2 Statement of work; and
7.2.3 Any other provisions of the Agreement, including materials incorporated by
reference.
8. Records and Audit
8.1. The parties to this Agreement shall each maintain books,records, documents and
other evidence,which sufficiently and properly reflect all direct and indirect costs
expended by either party in the performance of this Agreement. These records shall
be subject to inspection, review and audit by personnel of either party, other
personnel duly authorized by either party,the Office of the State Auditor, and any
federal officials so authorized by law. All books, records, documents and other
materials relevant to this Agreement will be retained for six years after expiration of
this Agreement, and the Washington State Office of the State Auditor, federal
auditors, and any persons duly authorized by the parties shall have full access and the
right to examine any of these materials during this period.
9. Period of Performance
9.1. The period of performance under this Agreement shall be June 1,2009 through
December 31,2009.
10. Termination for Cause
10.1 If for any cause, either party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either party violates this Agreement,the
aggrieved party will give the other party written notice of such failure or violation.
The responsible party will be given the opportunity to correct the violation or failure
within 15 working days. If the failure or violation is not corrected,this Agreement
may be terminated immediately by written notice of the aggrieved party to the other.
11. Assignability
11.1. The rights, duties and obligations of a party to this Agreement may not be assigned to
any third person without the prior written consent of the other party.
12. No Third-Party Rights Created
12.1.Nothing in this Agreement shall be construed to permit anyone other than the parties
hereto to reply upon the provisions herein contained nor to give any such third person
a cause of action for any nonperformance hereunder.
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13. Administration
13.1. The following persons shall be the parties' contacts for this project:
City: City Manager
David Mercier
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
(509) 688-0200
dmercier@spokanevalley.org
CTED: Anne Pflug
Research Services
CTED
906 Columbia Street SW
Olympia, Washington 98504
(509) 925-2608
14. Entire Agreement
14.1. This Agreement contains all terms, conditions, and provisions agreed upon by the
parties hereto, and shall not be modified except by written amendment agreed to by
both parties.
15. Severability
15.1. In the event any term or condition of this contract or application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this contract that can be given effect without the invalid
term, condition, or application. To this end the terms and conditions of this contract
are declared severable.
16. Waiver
16.1. A failure by either party to exercise its rights under this Agreement shall not preclude
that party from subsequent exercise of such rights and shall not constitute a waiver of
any other rights under this Agreement unless stated to be such in writing signed by an
authorized representative of the party and attached to the original Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
indicated.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
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City Manager,David Mercier `; _= --- : ': p f rs i 5 t ti r /11 c C-
Date: doyley,
Date: Co— I g 05
Approved as to form: Approved as to form:
Deput ity Attorney, Cary Driske i on a s I ice S b^'D" C.• 4--1)/Y\
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Date: ,t -'1 -0i Date: i)4(7,574- *
Att t:
L4- 1 ""4:14f- ___.
ity Clerk, Chris Bainbridge
.
David Mercier
11707 E. Sprague Suite e 106
Spokane pokane Valley, WA 99206
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