Loading...
22-039.00 Spokane County: Detention Work Crew Services 12-051 Spokane County Detention Services Work Crew Services Agreement THIS AGREEMENT is effective as of October 1, 2021 by and between SPOKANE COUNTY DETENTION SERVICES, 1100 West Mallon Ave, Spokane, WA 99206 (hereinafter called "CONTRACTOR") and the CITY OF SPOKANE VALLEY, whose address is 10210 East Sprague Ave, 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. See attached Scope of Work. 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 applicable City, including those that prohibit unlawful discrimination. 1.3 Standards. The CONTRACTOR will use offenders to provide work crew services that,to the best knowledge of CONTRACTOR, are in good physical condition and capable of performing the services identified in Section 1.1. and have volunteered to participate in the program. Inmate workers are low level offenders who are screened for appropriate charges and behavior prior to placement. No registered sex offenders are authorized to participate on the offender work crews. 1.4 Equipment and Cleaning Supplies. The 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 the facility of CONTRACTOR'S choice. All CITY-owned equipment irreparably damaged or destroyed through CONTRACTOR negligence will be repaired or replaced by the 1 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 subject to availability and schedule. 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(40)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 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. 1.8 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 twentieth(20th)day of the following month during the term of this Agreement. 1.9 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 with a two(2)hour minimum, plus mileage at the current IRS rate.Any work performed on a holiday or in excess of forty (40)hours per work week will be billed at the appropriate Spokane County wage scale. Monday—Friday Holidays and Officer OVT 5- 8 Hours $385.00 $450.00 4 Hours $217.00 $250.00 3 Hours $169.50 $193.75 2 Hours $121.25 $137.50 2.2 Invoices. CONTRACTOR shall provide CITY with monthly invoices. CITY shall pay said invoices to the CONTRACTOR within ten(10) days of receipt of the monthly invoice. 2 ARTICLE THREE TERM AND TERMINATION 3.1 Term. The term of the Agreement shall begin October 1, 2021 and shall terminate on September 30, 2026. 3.2 Termination. Either party may terminate this Agreement for any reason whatsoever upon giving the other party thirty(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. 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 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 3 written agreement executed by the PARTIES hereto or their respective successors and assigns. 5.3 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 enforceability of the remainder of this Agreement. Venue for any action arising out of this Agreement shall be in Spokane County. 5.4 Counterparts. This Agreement may be 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. 5.5 General Guidelines for the Use of Offender Labor • A detailed scope of work will be established prior to any work performed.No work will be completed outside of this scope without review. • The use of correctional crews is dependent on the availability of appropriate offender labor. Crew numbers are subject to change due to factors outside of CONTRACTOR'S control. • Safety and security of staff, offenders and the public are always the priority. If there are conditions at the job site that create safety or security concerns for the supervising Officer then work may be delayed until resolved. • Exposure to extreme temperatures may cause serious health problems. Hot/Cold weather safety protocols may impact crew work schedules and availability. • Work Crews cannot perform the following tasks: o Activities that involve the use of pesticides or chemical agents—Household type cleaners may be used with appropriate PPE and access to safety information. o Activities that involve exposure, clean-up of body/bodily waste or biohazardous materials. o Activities involving the demolition or destruction of buildings,to include exposure to asbestos or suspected asbestos containing materials. This can include tile, carpeting, or ceiling tiles. o Activities performed in confined spaces, or take place four feet or more below ground level. This could include trench digging, sewers or working in tunnels. o Activities around electrical panels, electrical wiring or energized lines- overhead or underground. o Activities that take place on roof tops or elevated platforms. To include any activity that takes place more than 10 feet above the ground. o Operating equipment that requires certification or licensing. 4 o Safety briefings will be conducted prior to using any power equipment. Appropriate PPE will be provided and usage required. o Any task not listed that may pose significant safety or security risks. • Access to Work Crew services will be limited during the dates of the Spokane County Fair. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY WASHINGTON PASSED AND ADOPTED by the Board of County Commissioners of Spokane County, Washington this day of , 2022. MAR , Chair ATTEST: AL FRENC , ice-Chair Ginna Vasquez, Clerk of the Board JOSH KERNS, Commissioner 22 - 0 1 5 4 CITY OF SPOKANE VALLEY DATED: F 1D. t1, �( � ATTEST: H`MAN, CITk( N1faw%CcE2 5 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 and materials to crew supervisor who directs efforts. 2. Trimming of excessive yard and shrubbery debris (weed whacking and raking) a. Loading yard/shrubbery debris in CITY-provided dumpster. 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 protections (as applicable); d. Weed eaters; e. Shovels(spade and 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. 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/she owned this equipment and used it for personal use. 6 m22 - 0154 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 ) RESOLUTION COUNTY DETENTION SERVICES, GEIGER ) CORRECTIONS CENTER FOR WORK CREW ) SERVICES ) WHEREAS,pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington (hereinafter sometimes referred to as the "Board") has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 39.34 ("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 pursuant to the provisions of RCW 36.32.120(6) and RCW 36.24.190, is either the Chairman of the Board, majority of the Board, is hereby authorized to execute that document entitled "Spokane County Detention Services Work Crew Services Agreement", at other than an open meeting, any and all documents attached hereto. �/� PASSED AND ADOPTED this ?III_ day of rYtarat , 2022. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON OF cOMmto �, `r. ECoO•. ,Oy 1t ! co •• N % Mary I-Mr hair • .j:l.• �4r 4 • SEAL ��i ATTEST: 11 4-A CUU _ �����.�.. Al French, Vice-Chair VOid inna Vasquez, Clerk of the oard Josh Kerns, Commissioner Page 1 of 1