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16-143.00 Spokane County: Adult Offender Work Crew Services GEIGER CORRECTIONS CENTER AND THE CITY OF SPOKANE VALLEY Work Crew Services Agreement THIS AGREEMENT is effective as of October 1, 2016 by and between SPOKANE COUNTY — DETENTION SERVICES, 1100 West Mallon Ave, Spokane, WA. 99206 (hereinafter called "CONTRACTOR') and the CITY OF SPOKANE VALLEY, 11707 East Sprague, Suite 106, Spokane Valley, WA 99206 (hereinafter called the "CITY"). The CONTRACTOR and CITY are jointly referred to as "PARTIES" within this Agreement. WHEREAS, SPOKANE COUNTY — DETENTION SERVICES provides adult offender work crews for hire by other jurisdictions; and WHEREAS, CITY has a need for manual labor to provide cleanup for various projects related to public health, safety and welfare, and Spokane County — Detention Services has such labor available, and WHEREAS, this Agreement will define the terms and scope of work to be performed and allocate liability for the PARTIES to this Agreement; and NOW, THEREFORE, the PARTIES mutually agree on the terms and conditions set forth below: ARTICLE ONE SCOPE OF SERVICES 1.1 Scope of Work. Code Compliance 1. Loading CITY-provided dumpsters with identified nuisance solid waste (household garbage) and materials. a. Said waste and materials will not be HAZMAT or BIO HAZMAT; b.No lifting beyond 50 pounds; c. CITY precisely identifies solid waste&materials to crew supervisor who directs efforts. 2. Trimming of excessive yard and shrubbery debris (weed whacking/raking). a. Loading yard/shrubbery debris in CITY-provided dumpster. 1 b. All work occurs on public property or if on private property CITY is responsible for obtaining permission. 3. Required equipment: a. Work gloves; b. Safety glasses; c. Ear protection(as applicable); d. Weed eaters; e. Shovels (spade & snow) and rakes; f. Inclement weather clothing. CITY staff will coordinate directly with work crew supervisors as to time and place of abatement clean-ups. It is preferred that the crew supervisor view the projects before the scheduled clean-ups for on site assessment. CITY staff will accommodate crew supervisor's schedule. Right-of-way Cleanup 1. The following work tasks will be performed in the CITY'S rights- of-way: a. Weed abatement(no chemicals); b. Vegetation control (no chemicals); c.Non-irrigated swale maintenance; d. Litter control; e. Landscape, manual labor; and 2. CITY has purchased small equipment for these activities for use by CONTRACTOR on behalf of the CITY that CONTRACTOR keeps stored at its facility. CONTRACTOR agrees to perform minor maintenance on this equipment on an as- needed basis. For the purposes of this Agreement "minor maintenance" shall include maintenance which would be performed by an individual if he owned this equipment and used it for his personal use. 1.2 Compliance With Laws. The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the United States, State of Washington, Spokane County and CITY, including those that prohibit unlawful discrimination. 1.3 Hiring Standards. The CONTRACTOR will use offenders to provide work crew services that, to the best knowledge of CONTRACTOR, have a stable work history, positive regard for the community, and are in good physical condition and capable of performing the services identified in Section 1.1. No inmates committed to the custody of Spokane County will be assigned to the work crew who have pending charges or have been convicted in the past of any violent crime or who have been convicted of any offense requiring registration as a sex offender. 2 1.4 Equipment and Cleaning Supplies. CITY will provide all specialized equipment (e.g. backpack blowers and four wheel mechanical mules). This equipment will belong to the CITY and will be maintained by the CONTRACTOR in good working condition throughout the contract term. Equipment will be maintained and stored at a facility of CONTRACTOR'S choice. All CITY-owned equipment irreparably damaged or destroyed through CONTRACTOR negligence will be repaired or replaced by the CONTRACTOR. Necessary consumable, non-specialized equipment (e.g. mops, brooms and other hand tools) and cleaning supplies will be provided by the CITY to complete work projects. 1.5 Vehicle. The CONTRACTOR will provide a motor vehicle for transporting the work crew to the work site. The vehicle will be owned and maintained by the CONTRACTOR. 1.6 Work Schedule. The CITY shall establish a work crew schedule that anticipates using work crews on an as-needed, on-call basis. Provided, however, CITY recognizes that CONTRACTOR retains the authority to adjust any work crew schedule. CITY will reimburse the cost of the officer's overtime if the crew is required to work beyond the standard workday, or beyond forty hours in a week as prearranged. The CITY will reimburse the cost of the officer's holiday premium pay if work is performed on County holidays. 1.7 Uniforms. The CONTRACTOR shall provide and have final approval of all uniforms worn by the work crew during the performance of work. When necessary, safety vests will be worn by the work crew. The CONTRACTOR will ensure that this clothing is cleaned and maintained in such a way so as to present a neat and "unified clothing" appearance for the work crew. 1.8 Independent Contractor. The CONTRACTOR, in the performance of this Agreement, is acting as an independent contractor and not in any manner as officers, employees or agents of the CITY. 1.9 Reporting. If requested, the CONTRACTOR agrees to provide monthly reports outlining hours of work each month and a general summary of activities performed. Requested reports will be provided to the CITY no later than the tenth day of the following month during the term of this Agreement. 1.10 Media Contact. The CONTRACTOR and their agents agree to refer all media contacts relative to their work on this contract to CITY Public Information Officer. ARTICLE TWO COMPENSATION 2.1 Services Fee. The CITY shall pay the CONTRACTOR three hundred eighty five dollars ($385.00)per work crew,per day worked, for straight time hours. Any 3 work performed on a holiday or in excess of 40 hours per work week will be billed at the appropriate Spokane County wage scale. 2.2 Service Fee Adjustments. Both PARTIES to the Agreement will review the service fee annually. Adjustments to service fees pursuant to Section 2.1 shall be submitted by the CONTRACTOR to the CITY for consideration no later than September 1St of the year prior to a new budget year. 2.3 Invoices. CONTRACTOR shall provide CITY with monthly invoices. CITY shall pay said invoices to the CONTRACTOR within 20 days of receipt of the monthly invoice. Payment for services will not be released to the CONTRACTOR until invoicing and reporting requirements are met. ARTICLE THREE TERM AND TERMINATION 3.1 Term. The term of the Agreement shall begin October 1, 2016, and shall terminate on September 30, 2021. 3.2 Termination. Either party may terminate this Agreement for any reason whatsoever upon giving the other party 30 days written notice of such termination. 3.3 Handling of Property upon Contract Termination. All purchases of equipment supplied by the CITY and deemed to be the property of the CITY shall be inventoried and kept separate from other CONTRACTOR property. Upon termination of this Agreement all equipment shall be returned to the CITY. ARTICLE FOUR QUALITY OF PERFORMANCE 4.1 Performance. The CITY shall judge the overall quality of the work performed, and the sufficiency of records. If during the course of this Agreement, the services rendered do not meet the requirements of the CITY under this contract, upon written notification, the CONTRACTOR agrees to meet with CITY and mutually determine what steps are necessary to correct, modify and/or properly perform the services. 4.2 Liability. Each PARTY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this Agreement by its personnel only and to save and hold the other party, its employees and officials, harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's employees relating to the performance of this Agreement. 4 ARTICLE FIVE MISCELLANEOUS 5.1 Parties-In-Interest and Assignment. This Agreement is binding upon and is for the exclusive benefit of the PARTIES hereto and their respective successors and assigns, and no person who is not a party hereto shall have any rights under this Agreement, either as a third party beneficiary or otherwise. Neither party may assign this Agreement without the prior written consent of the other party. 5.2 Notices. Any notice, report or other communication required or permitted hereunder shall be in writing and shall be delivered personally or by regular US mail postage prepaid, addressed as followed: If to Contractor: Director John McGrath Detention Services Spokane County 1100 West Mallon Spokane, WA 99260-0300 If to City: Shane Arlt City of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 *After August 31, 2017, please send all notices to: 10210 East Sprague Spokane Valley, WA 99206 Any notice or other document or report hereunder shall be deemed delivered or given as of the date received, if delivered in person, or as of the date sent if mailed. 5.3 Entire Agreement. This Agreement supersedes any and all prior oral or written agreements and understandings relating to the subject matter hereof and contains the entire agreement of the parties relating to the subject matter hereof. All exhibits, addenda, schedules and appendices hereto, now or hereafter created, are incorporated into this Agreement by reference and made a part hereof. The terms "hereof," "herein" and like words shall refer to this Agreement in its entirety and shall include such exhibits, addenda, schedules and appendices. This Agreement cannot be amended or modified, except by a written agreement executed by the PARTIES hereto or their respective successors and assigns. 5.4 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. A finding that any term or provision of this Agreement is invalid or unenforceable shall not affect the validity or 5 enforceability of the remainder of this Agreement. Venue for any action arising out of this Agreement shall be in Spokane County. 5.5 Counterparts. This Agreement maybe executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall be binding when at least one counterpart has been signed by both PARTIES. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY WASHINGTON DATED: 0 k k- k ' 001411kL;w-3 of COMi t,s' ‘‘ S y O'Qui A hairman i/ 4 0" ECOG. O� +h • ATTEST: % i• Al French, ice Chairman Clerk of the Board �1,1% • .sem• Vet6U � �� .ughlin, Ginna Vasquez Nan issioner 16 - 0768 CITY OF SPOKANE VALLEY DATED: /eyd 344 ATTEST: C 'r / Mark Calhoun, Acting City Manager At L..... Christine Bainbridge, City Clerk Approved as to form: Office s f the City Attorney 6 NO. 16 - 0768 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING AN ) AGREEMENT BETWEEN THE CITY OF ) SPOKANE VALLEY AND SPOKANE COUNTY ) RESOLUTION DETENTION SERVICES, GEIGER ) CORRECTIONS CENTER ) WHEREAS,pursuant to the provisions of RCW 36.32.120(6),the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, chapter 39.34. RCW("Interlocal Cooperation Act")authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS,the City of Spokane Valley desires to enter into an Interlocal Agreement with Spokane County Detention Services—Geiger Corrections Center; and WHEREAS,the City of Spokane Valley has a need for various projects related to public health, safety and welfare in accordance within the Scope of Work. NOW,THEREFORE,BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County,that either the Chairman of the Board,or a majority of the Board, be and is hereby authorized to execute that document entitled"CONTRACT"pursuant to which, under certain terms and conditions, Geiger Corrections Center will provide inmate work crews to assist in litter cleanup. Such services and costs are further described in Attachment"A", attached hereto and incorporated herein. PASSED AND ADOPTED this day of October,2016 BOARD OF COUNTY COMMISSIONERS d C° rss �`�I OF SPOKANE COUNTY, WASHINGTON • �r • % SH 9 LY O'QU ,CHAIR LefA ‘C— ATTEST: AL FRENC ,VICE-CHAIR Ginna Vasquez, Cler�e Board U NA .►il LSA��( -i 0' COMMISSIONER Page 1 of 1