HomeMy WebLinkAboutWA DOC Workcrew Adopt Highway Master Agree 19-23Class IV Work Crew Master Agreement
Between
THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS
And
THE CITY OF PASCO
This Master Contract Agreement is entered into by and between the State of Washington, Department of
Corrections, hereinafter referred to as DOC, and, The City of Pasco located at 505 N. 3rd Ave, Pasco WA
99301, hereinafter referred to as the 'RECIPIENT OF THE SERVICES' or 'RECIPIENT'. Legal authority
for this Master Contract Agreement is pursuant to RCW 72.09.100 and Chapter 137-80 WAC.
Offenders who provide services under this Agreement reside in a DOC prison and are under the
jurisdiction of the Washington State Department of Corrections.
1. PURPOSE
The purpose of this Agreement is to provide the master terms and conditions between the parties for
offenders to provide work crew services to the RECIPIENT. To be eligible to receive offender services,
the RECIPIENT must be an agency of Washington State government, a local government or federally
recognized Indian tribe within Washington State or a public benefit nonprofit as defined by the IRS; a
501(c)(3) Charitable Organization or a 501(c)(4) Social Welfare Organization. No public employees will be
displaced as a result of this Agreement.
On January 1, 2016, the terms and conditions contained in this Master Agreement will replace and
terminate any previous Work Crew Agreement and Work Project Descriptions between the Parties. For
this Master Agreement to be valid it must be signed by the DOC Contracts Administrator or designee on
behalf of DOC.
2. WORK PROJECT DESCRIPTIONS
Offender work crew projects are limited to those that can be properly supervised as determined by the
Superintendent of the Institution or designee and the RECIPIENT's Contract Manager. Each project is
subject to careful review for custody and security requirements. Each distinct project requires a separate
Work Project Description that is signed by both parties to this Agreement. [See Attachment A] The Work
Project Description will detail the work to be done by offenders, the cost to the RECIPIENT and other
specifics of the particular project.
The Institution Superintendent or designee is authorized to sign Work Project Descriptions on behalf of
DOC. A Work Project Description may be valid for up to one year but must end prior to or on the same
date as this Master Contract Agreement. All services provided under each signed Work Project
Description shall be performed pursuant to the terms of this Master Agreement.
3. TERM
The term of this Master Agreement shall begin December 01, 2019 and continue through June 30, 2023,
unless terminated sooner as provided for herein.
4. BILLING and PAYMENT
In consideration of the services provided hereunder, payment to DOC will be as follows:
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A. DOC will invoice the RECIPIENT for payment by the 20th of the month following each month in
which offender services were provided. Invoices for payment will include all direct and indirect
charges payable to DOC by the RECIPIENT that were negotiated between the Parties, except that
payment for offender L&I insurance coverage will be paid directly to L&I by the RECIPIENT and
will not appear on DOC invoices.
B. Payment by the RECIPIENT, will be due to the DOC address indicated below within 30 calendar
days of the date of the invoice. This DOC Master Agreement number and the location of the
project for which payment is made must be included with each payment.
C. Workers compensation insurance is required by law for offenders who provide services to the
RECIPIENT under the terms of this Agreement. RECIPIENT will:
1) Prior to contract execution, contact its L&I Account Manager to request/authorize the
addition of Offender L&I Risk Classification 4908 to the RECIPIENT's L&I Account.
2) Provide DOC with a copy of the Rate Notice received from L&I that confirms the addition of
Risk Classification 4908 to the RECIPIENT's L&I Account. DOC advises RECIPIENT to
include the L&I Rate Notice when returning this partially executed Agreement to DOC for
final signature by DOC.
3) Each quarter, for offender services provided to the RECIPIENT during the previous quarter,
report to L&I the total number of offender hours worked and pay the total cost due for
workers' compensation coverage directly to L&I for those offender hours.
D. Addresses to use for Billing and Payment.
1) Billing - Invoices for payment will be mailed to the following address provided by the
RECIPIENT:
City of Pasco
Attn: N. Zach Ratkai
505 N. 3*d Ave.
Pasco, WA 99301
2) Payment
a. State Agencies Only - will pay using the following statewide vendor number:
SWV0003872-01 [IAP Payment - DOC General Account]
b. All Other RECIPIENTS - will send payment to the address provided by the DOC
Community Corrections location from which services were provided.
5. TERMINATION
When in its own best interest, either party may terminate this Agreement, in whole or in part, upon 30
days' written notice to the other party, beginning on the second day after mailing such notice. If this
Agreement is so terminated each of the parties shall be liable only in accordance with the terms of this
Agreement for services rendered prior to the effective date of termination.
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6. 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.
7. HAZARD ASSESSMENT AND MITIGATION
A. In accordance with the DOC Office of Risk Management, work generally considered to be
dangerous or hazardous may not be performed by offenders.
B. Before DOC offenders may provide services at any new and distinct project location, the
RECIPIENT will assess the location for hazardous conditions and/or materials. (See Attachment B)
C. The RECIPIENT's assessment must be performed in accordance with WAC 296-800-160 and
provided to DOC using DOC Form 03-247 or other similar hazard assessment and PPE selection
worksheet. The RECIPIENT will inform DOC promptly, in writing, if hazardous conditions or
materials are found at the new project site.
D. Once notified, DOC at its own discretion, may a) identify, with the RECIPIENT, the protective
equipment or clothing that is needed for offenders and correctional officers to mitigate the effects of
the on -site hazard(s); or b) request that the RECIPIENT remove or otherwise mitigate the hazard
before offenders perform the contracted work crew services at that site; or c) withdraw from the
project.
E. If hazardous conditions or materials are discovered while offenders are working at RECIPIENT's
site, then offender work will be suspended immediately and RECIPIENT will make appropriate
regulatory notifications and request further assessment.
8. TOOLS, EQUIPMENT AND SUPPLIES
A. In General
1) DOC will provide offenders with basic work attire, such as boots, gloves, goggles and rain
gear, that may be needed for any project;
2) If the Parties to this Agreement do not negotiate otherwise, the RECIPIENT will provide any
additional tools, equipment and supplies that offenders need to accomplish the Recipient's
specific work project. This will include any Personal Protective Equipment (PPE) e.g. bump
hats, specialized goggles or gloves, hearing and eye protective devices, etc. and any
specialized safety equipment (SSE) necessary to protect offenders and correctional officers
from hazards at the project site.
3) The specific tools, equipment and supplies necessary for each project, and the party to the
Agreement responsible for providing each item, will be designated in the Work Project
Description for that project.
9. TRAINING
A. The RECIPIENT will train offenders regarding the work to perform as well as any safety
requirements specific to the project site and the use of any specialized equipment.
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B. The RECIPIENT will ensure that all safety training is in compliance with all applicable laws and
regulations including, but not limited to, Division of Occupational Safety and Health (DOSH)
regulations and the Washington Industrial Safety and Health Act (WISHA).
10. 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 may, with written
notice to the other, designate different contact persons.
RECIPIENT: N. Zach Ratkai, Contract Manager, (509) 543-5757, <ratkaiz@pasco-wa.sov>
DOC: Patricia Barrera, Local Business Advisor, (509) 543-5819, patricia.barrera@doc.wa.gov.
11. SUPERVISION
A. The Work: RECIPIENT will supervise the work performed by offenders and maintain daily
oversight of the project until completed. RECIPIENT will provide adequate worksite instruction
and direction to all offenders, to ensure safe work performance and proper project outcome.
B. Security and Custody A first aid qualified Correctional Officer will supervise offenders at all
times. Such DOC supervision shall only be for the security and custody of the offenders and the
safety of the public at large.
Correctional Officers may not supervise the work performed by offenders or be responsible for
project outcomes.
C. On -Site Illness/Accidents: 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.
1) Expenses:
a) Illness. DOC will pay all expenses related to treatment of offender illness.
b) lNury. The cost of treatment provided to offenders beyond first aid for any and all
work related injuries will be paid in accordance with Title 51 RCW.
c) The RECIPIENT's L&I account number, 004,120-00, will be the account number used
by offenders, DOC and medical providers when reporting an offender work related
injury.
12. 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.
13. WORK PRODUCT and PERFORMANCE
A. Washington State and DOC, including its agents and/or employees:
1) Are not responsible for, and do not guarantee, the quality of the work performed or
products produced by offenders on work crews;
2) Shall not be required to pay other workers to re -do or repair the work performed by the
offenders; and
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3) Are not responsible for damages to third parties resulting from the work performed or
products produced by offenders on work crews.
14. INDEMNIFICATION
A. RECIPIENT, its agents, and/or employees:
1) Are responsible for any damages resulting from the negligence of the RECIPIENT, its
agents, and/or employees; and
2) Do indemnify, defend, and hold harmless DOC for claims arising from the negligent acts
or omissions of the RECIPIENT, its agents, and/or employees.
B. DOC, its agents, and/or employees:
1) Are responsible for damages that arise out of DOC, its agents, and/or employees'
negligent security supervision of offenders.
C. 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.
15. TRANSPORTATION
The DOC Facility has sole responsibility to transport offenders to and from the work project site.
16. DISPUTES
Should the parties hereto be unable to informally resolve any dispute concerning the terms of this
Agreement, the dispute will be settled in binding arbitration by an arbitrator chosen by consent of both
parties.
17. INSURANCE
RECIPIENT will provide DOC with proof of current general liability insurance coverage when signing
and returning this Agreement for final signature by DOC. RECIPIENT must maintain its policy of
general liability insurance throughout the term of this Agreement and provide renewed proof of such
coverage to DOC annually with each new Work Project Description.
RECIPIENT'S liability insurance coverage must have a limit of not less than $1,000,000 per each
occurrence with an aggregate limit of at least $2,000,000.
18. PUBLIC BENEFIT NON-PROFIT
In order to utilize offender work crew services, RECIPIENTS that are non -profits, must be public benefit
non -profits, as defined by the federal Internal Revenue Service (IRS). Those that are public benefit non-
profits must provide proof to DOC of official IRS designation as a (501(c)(3) Charitable Organization or a
(501(c)(4) Social Welfare Organization.
The RECIPIENT must provide DOC with proof of its IRS public benefit non-profit designation, with this
partially signed Agreement when returning this partially signed Agreement to DOC Contracts and Legal
Affairs for the final signature by DOC.
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19. CHANGES AND MODIFICATIONS
Changes or modifications to this Agreement shall not be binding unless agreed to in writing by the
parties hereto prior to such change or modification. Only the DOC Secretary or designee has the authority
to alter, amend, modify, or waive any clause or condition of this Agreement for DOC.
20. WAIVER
Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent
breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this
Agreement.
21. SEVERABILITY
If any term or condition of this Agreement is held invalid by any court, such invalidity shall not affect the
validity of the other terms and conditions of this Agreement.
22. 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 either of the
parties hereto. As used herein, reference to the Agreement shall include this Master Agreement, fully
executed amendments to this Agreement, and any Work Project Descriptions executed and attached
hereto.
THIS Agreement, consisting of six (6) pages and one (1) attachment, is executed by the persons signing
below who warrant that they have the authority to execute the Agreement.
CITY OF PASCO
( t—
(/Printed Name) _++
TT lit 1', I' yn I UIr�)iPLit71r
(Title)
(Da��
Approved as to Form:
By Tim Lang, Sr. Assistant Attorney General
December 8, 2015
DEPARTMENT OF CORRECTIONS
(Signature)
Debra Eisen
(Printed Name)
Contracts Administrator
('Title)
(Date)
State of Washington K12157 Page 6 of 6
Department of Corrections 198361
FOR INFORMATION ONLY
EXAMPLE ATTACHMENT A
WASHINGTON STATE DEPARTMENT OF CORRECTIONS
Corrections Center
Prisons Division CLASS IV Work Project Description
Contract Number: K RECIPIENT L&I Account Number:
RECIPIENT:
RECIPIENT is: ❑ Government Entity ❑ State Agency ❑ Public Benefit Nonprofit
RECIPIENT Contact: Phone: Email:
Department Contact: Phone: Email:
DOC offenders will: (describe the work).
Number of offenders on crew: (insert number) .
Project Location:
Project Period (One year maximum): through
Projected Total Number of Crew Hours:
Approximate Work Hours: Arrive at a.m. Depart at p.m.
Special Payment Terms. RECIPIENT will pay DOC:
1. Offender gratuity of $ per offender/per hour for services provided;
2. Transportation Costs:
a. $ to transport offenders; includes mileage, vehicle wear and tear, fuel, Tacoma Narrows
Bridge toll, etc.
3. Other direct and indirect costs $ ; to include
PPE, Tools and Equipment Provided by:
RECIPIENT:
DOC:
Hazard Assessment and PPE Selection Worksheet attached? ❑ Y ❑ N
Additional Terms:
RECIPIENT DEPARTMENT OF CORRECTIONS
SAMPLE — DO NOT SIGN
Signature
Title
SAMPLE — DO NOT SIGN
Signature of Superintendent
Institution
Date Date
Please email a copy of this Work Project Description to docclacontractassist DOC1.WA.GOV
within two (2) calendar days after it is signed by both parties. THANK -YOU.
Washington State K12157 Page 1 of 1
Department of Corrections Attachment A 198361