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
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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.
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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
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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.
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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
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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.
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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
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