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HomeMy WebLinkAboutWA DOC Workcrew Adopt Highway Master Agree 13-18AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND CITY OF PASCO This Agreement is entered into by and between the state of Washington, Department of Corrections, hereinafter referred to as Department or DOC, and City of Pasco, hereinafter referred to as the CITY, for the purpose of providing employment to offenders from Coyote Ridge Corrections Center, hereinafter referred to as INSTITUTION, as approved by DOC pursuant to RCW 72.09.100. 1. PURPOSE The purpose of this Agreement is to provide the master terms and conditions between the parties to employ state adult workers in work crew projects for the CITY, pursuant to RCW 72.09.100. All work crew projects are limited to those that can be properly supervised as determined by the Superintendent of the Institution and the CITY's administrator /designee or Public Works Director. Each project is subject to careful review for custody and security requirements. Each project requires the completion of a Work Project Description Form, (Attachment A), which shall include a description of the work to be performed, the gratuity and other costs to be paid and any additional details associated with the particular project. For this Master Agreement to be valid it must be signed by the DOC Contracts Administrator or designee on behalf of DOC. The Institution Superintendent or designee is, however, authorized to sign the associated Work Project Descriptions on behalf of DOC. All services provided under each signed Work Project Description shall be performed pursuant to the terms of this Master Agreement. No public employees will be displaced as a result of this contract. 2. TERM The term of this Master Agreement shall begin upon final signature, and shall continue through December 31, 2018. Each Work Project Description entered into shall contain its own termination date, last no longer than one year, and end prior to or on the same date as this Master Agreement. 3. PAYMENT In consideration of the services provided hereunder, invoicing and payment shall be made as follows: A. Under the terms of this Master Agreement, DOC may bill the City up to a maximum of $15,000 per calendar year for work crew services, according to the payment schedule in the respective Work Project Description. Crews will maintain service delivery all twelve months of the year, providing an average of $1,250 in services to Pasco each month. B. DOC will invoice the City by the 10th of the month following each month in which work crew services were provided. The invoice will contain the number of hours worked by offenders during the period for which payment is requested. C. Payment, which must contain this DOC Master Contract number, K10172, will be due within 30 calendar days of the date of the invoice. State of Washington K10172 Page 1 of 4 Department of Corrections Attachment A 138363 D. Because the City is a unit of local government, DOC is obligated by law to reimburse the City for the cost of state industrial insurance premiums for offenders on the work crews. The parties therefore agree that DOC will pay the required premiums, at the then current rate, directly to Labor and Industries on behalf of the City. E. DOC will provide record keeping, monthly reports, and coordinate work crew activity. F. Addresses for Invoicing and Payment: 1. Institution invoices for oavment will be mailed to: City of Pasco Accounts Payable PO Box 293 Pasco, WA 99301 2. Citv's oavments will be mailed to: Coyote Ridge Corrections Center Accounts Receivable 1301 N. Ephrata Ave Connell, WA 99326 -0769 4. TERMINATION Either party may terminate this Agreement upon 30 days' written notice beginning on the second day after the mailing, in whole or in part, when it is in the best interest of the party. If this Agreement is so terminated each of the parties shall be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. 5. SELECTION OF OFFENDERS The Institution will select the offenders for each work crew. Selection criteria will conform to DOC Policy 700.400, CLASS IV OFF -SITE WORK CREW, DIRECTIVE III, Offender Eligibility, as now written or hereafter revised. 6. SUPPLIES /EQUIPMENT The DOC /Institution shall provide offender workers with necessary clothing and basic safety equipment, i.e. goggles, gloves, hearing protective devices, work boots, etc. Specialized safety equipment and /or clothing shall be provided by the CITY, unless otherwise agreed. The CITY shall provide all necessary tools and equipment required to complete the project requirements. 7. SERVICES AND SUPERVISION A. Services will consist of maintaining specific road right of way on a continuous basis. DOC will, on a regular basis, inform City of the crews work location along the right of way. The number of days that crews work per month may vary due to natural disaster, inclement weather conditions and /or events within the prison. However, DOC will to the best of its abilities, provide services to Pasco a minimum of six days each month. State of Washington K10172 Page 2 of Department of Corrections Attachment A 138363 B. The Institution shall provide custody supervision of offender workers assigned on work crews. The CITY shall provide adequate instruction and direction for offender workers on work crews to ensure proper and safe work performance. C. On Site Illness /Injury: In the event of offender illness or injury DOC will provide the appropriate first aid. If necessary, emergency medical assistance will be called or the offender will be transported to the nearest medical facility for treatment. Expenses: a. Illness DOC will pay all expenses related to treatment of offender illness. b. Iniury Treatment provided to offenders beyond first aid, for any and all work related injuries will be paid in accordance with Title 51 RCW. i ki7_� IrmfV The DOC /Institution shall ensure that offender workers and custody officers assigned to work crews receive job and safety training in compliance with all applicable laws or regulations such as, but not limited to, OSHA and WISHA. The DOC /Institution shall provide an orientation to the CITY regarding DOC's guidelines, facility rules, and communication procedures. 9. PUBLIC INFORMATION Neither party shall arrange for news media coverage without the consent of the other party, nor shall either party release information to the news media without the consent of the other party except as required by Chapter 42.56 RCW or other applicable law. 10, WORK PRODUCT AND INDEMNIFICATION As DOC and the Institution provide supervision of offender workers for security purposes only, DOC, its agents or employees assume no responsibility for the quality of the work performed by offenders on work crews, nor guarantees any work so performed. DOC, its agents, or employees assume no responsibility for any damages resulting from the performance by offender work crews hereunder, except for those damages resulting solely from the negligence of DOC, its agents, or employees. To the extent permitted by law, DOC, its agents, or employees assumes responsibility for any damages resulting solely from the negligence of DOC, its agents, or employees. To the extent permitted by law, DOC shall be required to indemnify, defend, and hold harmless the CITY only to the extent the claim is caused solely by the negligent acts or omissions of DOC, its agents, or employees. To the extent permitted by law, CITY, its agents, or employees assumes responsibility for any damages resulting solely from the negligence of the CITY, its agents, or employees. To the extent permitted by law, CITY shall be required to indemnify, defend, and hold harmless DOC to the extent the claim is caused solely by the negligent acts or omissions of the negligent acts or omissions of CITY, its agents, or employees. In accordance with the laws of the state of Washington and to the extent permitted by law, if both parties to this agreement are negligent and jointly liable, each party will assume responsibility for its own negligent acts or omissions. State of Washington K10172 Page 3 of 4 Department of Corrections Attachment A 138363 11. TRANSPORTATION DOC will have sole responsibility for transporting offenders to and from the work project site. 12. DISPUTES Should the parties hereto be unable to resolve informally any dispute concerning the terms of this Agreement, the dispute will be settled by an arbitrator chosen by mutual consent of both parties. 13. CHANGES AND MODIFICATIONS No changes or modifications to this Agreement shall be binding unless agreed to in writing by the parties hereto prior to such change or modification. Only the Secretary of DOC or designee has the authority to alter, amend, modify, or waive any clause or condition of this Agreement for DOC. 14. INTEGRATION This Agreement contains all the terms and conditions agreed upon by the parties. No understandings or otherwise regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. As used herein, reference to the Agreement shall include this Agreement and any project descriptions executed herein. 15. CONTRACT MANAGEMENT The contract manager(s) for each of the parties shall be responsible for and shall be the contact person(s) for all communications regarding the performance of this Agreement. Either party, with written notice to the other party, may designate different contact persons. DOC. Pat Barrera, (509) 543 -5819, patricia.barrera @doc.wa.gov CITY: Rick Terway, (509) 543 -5757, terwayr@pasco- wa.gov IN WITNESS WHEREOF, the DEPARTMENT and the CITY have signed this Contract Agreement. CITY OF PASCO (Sign. ure) Gary Crutchfield (Printed Name) DEPARTMENT OF CORRECTIONS (Signatu� Gary Banning (Printed Name) City Manager Contracts Administrator (Title) (Title) (F — Z( (Date) (Date) ' THIS CONTRACT HAS BEEN APPROVED AS TO FORM ONLY BY THE WASHINGTON STATE OFFICE OF THE ATTORNEY GENERAL. State of Washington K10172 Page 4 of 4 Department of Corrections Attachment A 138363 WASHINGTON STATE DEPARTMENT OF CORRECTIONS Coyote Ridge Corrections Center And CITY OF PASCO, A UNIT OF LOCAL GOVERNMENT CLASS IV Work Project Description Contract Number: K10172 Employer Contact: Phone: Department Contact: Phone: Work Project Description: DOC offenders will (describe the work). Crew: Each crew will consist of (insert number) offenders. Project Location: Project Period (One year maximum): through Projected Number of Work Crew Hours: Email: Email: Work Hours: Crews will arrive at approximately a.m. and depart at p.m. Special Payment Terms — (At current state rates 1. Employer will pay DOC a gratuity of $ per hour for each offender providing services. 2. Employer will pay DOC $0.565 per mile for transporting offenders to and from the work site. 3. DOC, on behalf of Employer, will pay $0.33 per-offender /per hour for state industrial insurance premiums. Additional Supplies $ Equipment, if any: By Pasco: By DOC: Additional Terms: Crews may be held in or recalled early for facility needs at any time. Crews may also be held in or redirected in,the event of a natural disaster; i.e. fire, earthquake, or flood. CITY OF PASCO DEPARTMENT OF CORRECTIONS Signature Signature of Superintendent Coyote Ridge Corrections Center I itle institution Date Date State of Washington K10172 Page 1 of 1 Department of Corrections Attachment A 138363