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.
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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.
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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
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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.
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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
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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
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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
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