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