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AG 10-166 RETURN T0: Sue White EXT: 3019 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV Municipal Court ORIGINATING STAFF PERSON: Sue White EXT: 3019 3. DATE REQ. BY: TYPE OF DOCUMENT(CHECK ONE): f== CONTRACTOR SELECTION DOCUMENT(E.G.. RFB,RFP,RFQ) PUBLIC WORKS CONTRACT D. SMALL OR LIMITED PUBLIC WORKS CONTRACT C PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT C HUMAN SERVICES'CDBG C REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(EG BONDRF[ATFDDOCt,n1ENTSi ORDINANCE ❑ RESOLUTION r CONTRACT AMEN DMENT(AG#): ❑ INTERLOCAL OTHER PROJECT NAM F' MOU Department of Corrections(DOC)work Crew Contract — DOC 73 Y ��p Assistant...Department SW OlCorrections CIO Dianna Brown Contracts _ ,ADDRESS: TOR rlmento N,A\1E O),CONTRA — "- TELEPHONE J60 725-8357 m ra WA 9850. -- 45 L nderson W .,.�„ m - - NAME1:W Ism - I. en__ _ FAX 360 ssa 2aos � � � � SIGNATURE dlbrow - TITLE Contracts Administrator EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COfvIPENSATION ❑ INSURANCE REQUIRE\dENTSiCERTIF'IC'r\fE ❑ :ALL OTHER REFERENCED EXHIBIT S ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES LEI PRIOR CON FRAC:'A:MENDMEN fS Jul 1,2017 COMPLETION DATE: June 30.2022 TERM: COMMENCEMENT DATE: v _ --------- 1-0FALCOMPF,NSATION$ Flfteennn000mo per nourptr defendant _ (INCIUDEEXPEN51_S AND ti,\LL\�TAX IF:A\1') II-C\1 C UI ATED ON I-IOURI 1 AM P ID i-fAR(_l Ai I et.I I"fiHF.DULLS 01 I'wtl'I.i"Y" 9:'r-°i"fITLES r1N'D FIOLID;Al'RAC I�SI RE]NIBURSABLE EXPENSE:---,YES ANO II-YES.MAXIMUM DOLLAR,IVIOUN'I: $_ _ - 'i of ; LA OWED Z)YF.S ONO IF 1 ES,$_ ._. ,,.__ PAID BY CO\"fR:\l fOR—CIT1' I� . . RETAINAGE. RETAINAGE AMOUN f RETAINAGE AGREEMENT(SEE_CON I RAC) OR ❑RL-'I"iUNmj1- BOND PROA 01 1 PURCHASING: PLEASE CHARGE TO: Jail Budget 0 DOCUMENT/CONTRACT REVIEW )',( II�IA�., I .LNTI RINILmmW ) IN(I`If?.L,_,-U:A11.f\I?PRUVI I) off— I s � 1910 RISIt MANAGEMENT (IF APPLICABLE) _ I. COUNCILAPPROVAL(IFAPPI_ICABLE) COMMiTTE-E APPROVAL DATE: COUNCIL APPROVALDA-fE 2 CONTRACT SIGNATURE ROUTING I— SENTTO VENDOR,CONTRAC.TOR DATE SENT:__ DATE REC'D: rATTACH: SIGNATURE O INSURANCE CERTIFICATE E LICENSES, EXHIBITS CREATE ELECTRONIC REMIND R;LOlIFICATION FOR I MOTH PRIOR TO EXPIRATION DATE (Include dept. Support staff it necessary and feel 1'ree to set notification more than a rnonth in advance ifcouncil approval is needed ) !l fl I l „f 'T"tATE S f. Q I,.AW DEPARTMENT 0 ��GNATORY(E1:A)'0R OR DIRECTOR) CITY CLERK t ASSIGNED AGE AG? nfBII1T" tt dr a :1;rr .ra,i d icri,r fear .i,r;,Iv�a?d. ai14 v r rry r1,:1 rr [nir _01 T .... — Cj— I � r rr i r State of Washington Contract No. K11564 Department of Corrections Amendment No. 2 Vht�t-, A inntetndmnt,emut is made by the state of Washington, Department of Corrections, hereinafter referrect tag as Departntent or 1: Q0 and the City of Federal Way (CFW) a Washington Mu-,,rcrpaal Corporraturn by and through th.e Federal Way Municipal Court (Court) for the purperst- of anaeuadi the above-referenced referenced Contra t, heretofore entered into between the Department, CFW, and the Court. WHEREAS, the purpose of this Amendment is to extend the Section 2, Period of Contract Performance", revise Section 3 "Payment" APayment` to allow DOC crew members the ability to go to any Western Washington Workcrew location to complete their work crew hours, and amend Attachment A, Scope of Work. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department, CFW,and the Court agree as follows: SECTION 2 PERIOD OF PERFORMANCE is amended,in part, as follows: Subject to its other prorrrsioras th(? pertocl of petforrrran e of this Agi-ee:nienr shall commence on June 1, 2017 through June 30, (l�102,Pl)�f1�2 urdess terminated sooner as provided herein. [...] SECTION 3,PAYMENT, is amended, in part, as follows: DOC shall receive$15.00 per day for any crew day completed by a City of Federal Way (CFW) worker on tor4,,�21 ry-L)u-&� cfnt L1Ll)-°rrted jiq k1?,} Sar��iradrmElw plr t.uqt [It,�: or any CFW crew worker that "walks away", is injured or is dismissed from a creww after 12:00((Neen))noon on any workday. ATTACHMENT A, SCOPE OF WORK, "CFW COMMUNITY RESTITUTION CREW WORKERS", is amended,as follows: Assist other t°l.:r.rAnnrrrnity RestiWl 011 crew workers in cleanups of litter and illeflral dunrpirag, Vegetation vradtirrg rrrt l r r r [r rrt_i wt�6trra„t ll.l_ l aar ._P na.,/ e er the rrent contra obligation orase°uest d(and�taPpro�ed�by the �Pragr�am Manager. Additions to this text are shown by and deletions by ((strjkeo )). All other terms and conditions remain in full force and effect. The effective date of this Amendment is upon final signature. State of Washington K11564(2) fa,.,slyr„ :I'.. rr9"2 208:16 1. Department of Corrections THIS CONTRACT AMENDMENT, consisting of two (2) pages, is executed by the persons signing below who warrant that they have the authority to execute the Contract. CITY OF FEDERAL WAY DEPARTMENT OF CORRECTIONS FEDERAL WAY MUNICIPAL COURT ... . { a�,nator+r) (Signature) . ... _ Eisen _ u..._...__. 1 6 Debra J.Name) (Printed Name) Printed Name) PresidingJta�lm Contracts Administrator ._ µme..... �. ..m ®..._...._ rem. ( � �ust 17,2020 Da (Printed Name) _Mayor of Federal Way^ (Dan e) -w i (Printed dame) City Clerk ... ._.__.. (lttlt 1 .....T _.... ....._ � wt _. .. ..� �d (Piri nted Name) Cily Attorney. _.... a.�..�... Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. State of Washington K11564(2) i="a,;e 2 of 2. ()8361 Department of Corrections U"I't I IZ N TO: (L'_ EXT: 3 CITY OF FEDER, ., WAY LAW DEPARTMEN iZOUTMG FORM ................. A 1P DIV: J J�Y ORIGINATING DEPT./DIV: 1 .1-11- ..................... ................................... ®. ...... .............. ....................................... ORIGINATING STAFF PERSON eI EXT: 3 01 ............... 3. DATE REQ. BY: ... .. ....... ........................ TYPE OF DOCUMENT(CHECK ONE): Ei CONTRACTOR SELECTION DOCUMENT(E.G., R_FB, RFP, RFQ) El PUBLIC WORKS CONTRACT L1 SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT D GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT(E G BOND RELATED DOCUMENTS) 0 ORDINANCE 11 RESOLUTION M.CONTRACT AMENDMENT(AG#):: DINTERLOCAL 0 OTHER _. ............. ....... ............— - ................... ...................... PROJECTNAME: rr e�"") ............................ -----................ ........ ........... 111111-11--......... v NAME OF CONTRACTOR: ....... ................ 1�414 TELEPHONE ADDRESS: zY J�'_r+' I I I �#--I "W"-­ . .......................... ...................... _E- A -------------------- ... ............ .. ................ ... ........... : eI -1 .111111­. I I­'­.......... SIGNATURENAME: TITLE ................ EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE D ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: f z u 1� COMPLETION (� -35Z) ................_....... TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX-IF ANY) (IF CALCULATED ON HOURLY LABOR k.]iARGE"'-ATTACH SC11171DULES OF EMPLOVEE§ TLES AND HOLIDAY RATES REIMBURSABLE EXPENSE:0 YES WINO IF YES,MAXIMUM DOLLAR AMOUNT: .......r_­111.1 IS SALES TAX OWED El YES LT9,4,JO IF YES, PAID BY:0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: ............-1-1 RETAINAGE AGREEMENT(SEE CONTRACT) OR Ei RETAINAGE BOND PROViDF El PURCHASING: PLEASE CHARGE TO; ........ 0. DOCUMENT/CONTRACT REVIEW IN ITIAL, DNFE REVII WI D I N 111 A 1-1 DNFE'lN,j'j'R 0 V F D C. ZY P"', PX,PROJECT MANAGER ....... ......... -R,DIRECTOR 0 RISK MANAGEMENT IF APPLICABLE) I. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE:........................ COUNCIL APPROVAL DATE 2. CONTRACT SIGNATURE ROUTING • SENTTOVENDOR/CONTRACTOR DATE SENT: DATE REC'D:....... ....... ........... • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. Support staff if necessary and feet free to set notification more than a month in advance if council approval is needed.) IN ITIA L/13ATF',S I GN F-1) 31 • LAW DEPARTMENT • SIGNATORY(MAYOR OR DIRECTOR) El CITY CLERK ................ 0 ASSIGNED AG4 AG# 0 SIGNED COPY RETURNED DATE SENT: 'OMMENTS: A, --------- .y......,. _ --------------------- ............... 7- --------..... .................... ................. ......................... _'_........................... RyECEIVEL JUL 0 9 2019 ,TA Tp �. State of Washington FW MUNICIPAL COUntract No. K11564 ,` Department of Corrections Amendment No. 1 lrbii s Awteiadlm einttt is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the City of Federal Way (CFW) a Washington Municipal Corporation by and through the Federal Way Municipal Court (Court) for the purpose of amending the above-referenced Contract,heretofore entered into between the Department,CFW,and the Court. WHEREAS, the purpose of this Amendment is to extend the period of performance and update the DOC Contact Manager information. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof,the Department,CFW,and the Court agree as follows: PERIOD QF PERFORMANCE is amendedin part, as follows, Subject to its other provisions, the period of performance of this Agreement shall commence on June 1, 2017 through June 30,((2414))2020,unless terminated sooner as provided herein.[...] CONTRACT MANAGEMENT is amended,in part,as follows: The Program Manager for the Department is: (())Rene Vertz,Program Manager 851 Poplar Pl.South Seattle,WA 98144 Telephone:206-726-6719 E-Mail Additions to this text are shown by underline and deletions by ((st�ieeu=)). All other terms and conditions remain in full force and effect. The effective date of this Amendment is upon final signature. THIS CONTRACT AMENDMENT, consisting of two (2) pages, is executed by the persons signing below who warrant that they have the authority to execute the Contract. CITY OF FEDERAL WAY DEPARTMENT OF CORRECTIONS FEDERAL WAY l,)NICIPAL COURT (Signature) rF dd Solo C-- __`��, Debra J.Iris (Printed Name) (Printed Name) Presiding Jude Contracts Administrator (Title) r7 �] (Title) (Date) (Date) State of Washington K11564(1) Page 1 of 2 Department of Corrections 198364 (Signa tore) s. . V, c� t� (Printed Nam•) Mayor of Federal Way (Title) (Date) *A&Mv ( nat re) (C'nnte Name) City Clerk (Title) ohl o (Date) (Signature) (Printed Name) City Attorney (Title) (Date) Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. State of Washington K11564(1) Page 2 of 2 Department of Corrections 198364 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT. /DIV: C_uvf ORIGINATING STAFF PERSON: St, EXT: 30 19 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑,CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROPESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMINT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): fiF-INTERLOCAL II_ OTHER cl _ -I_„ as e,►, c.../ i 3 r CC? w, e v., PROJECT NAME: � i7 C.__ L..1 v-e NAME OF CONTRACTOR: k ADDRESS: 1).3nna W aFuJ 'Pro . E -MAIL: d I w2 .ke-rf A d a c- SIGNATURE NAME: 3-An N,irc_I EXHIBITS AND ATTACHMENTS: Ms SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS Cc,/ — t"Iv JS1 171,,,I2r o '1 �t S' Jc2441.A-923WH TELEPHONE 02 06. 72(0 - 1071 q FAX: r: -M24 TITLE TERM: COMMENCEMENT DATE: "7 - l— 1-7 COMPLETION DATE: 6-3O °1 TOTAL COMPENSATION $ /0 OIJt - 621g-- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A-NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES El-NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE gl- PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED KPROJECT MANAGER 1.),..u.-) ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW INITIAL / DATE APPROVED 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ),LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: INITIAL /DAT SIGNED DATE SENT: MEMORANDUM OF AGREEMENT BETWEEN CITY OF FEDERAL WAY BY AND THROUGH THE FEDERAL WAY MUNICIPAL COURT AND THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS THIS MEMORANDUM OF AGREEMENT is entered into by and between the City of Federal Way ( "CFW ") a Washington municipal corporation by and through the Federal Way Municipal Court ( "Court "), and the Washington State Department of Corrections ( "DOC "). IT IS THE PURPOSE OF THIS AGREEMENT to provide Community Restitution crew participation as an alternative for the CFW Municipal Court sentences /sanctions. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The DOC and the CFW and Court shall furnish the necessary personnel, equipment, material, and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2017 and expire on June 30, 2019, unless terminated sooner as provided herein. Such term may be extended by the mutual agreement of the parties. Any such extension shall be evidenced by a properly executed written amendment to this Agreement. PAYMENT DOC shall receive $15.00 per day for any crew day completed by a CFW worker on the Seattle DOC work crew or for any CFW crew worker that "walks- away," is injured, or is dismissed from crew after 12:00 Noon on any workday. BILLING PROCEDURE The DOC shall submit monthly invoices to the CFW by the 25th of the month detailing the CFW crew worker hours worked and the worker daily rate. Payment to the DOC for approved and completed work will be made by warrant or account transfer by the CFW within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. RECORDS MAINTENANCE The parties to this. Agreement shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the State of Washington K11564 Department of Corrections Page 1 of 5 178297 Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the Department of Corrections. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. INDEMNIFICATION 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 CFW only to the extent the claim is caused solely by the negligent acts or omissions of DOC, its agents, or employees. CFW, its agents, or employees assumes responsibility for any damages resulting solely from the negligence of CFW, its agents, or employees. To the extent permitted by law, CFW shall be required to indemnify, defend, and hold harmless the DOC to the extent the claim is caused solely by the negligent acts or omissions of CFW, its agents, or employees. In accordance with the laws of the state of Washington, if both parties to this agreement are negligent and jointly liable, each party will assume responsibility for its own negligent acts or omissions. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. State of Washington K11564 Department of Corrections Page 2 of 5 178297 TERMINATION Either party may terminate this Agreement by giving the other party ten (10) working days written notification. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. In addition, DOC may terminate this Agreement upon written notification and without the ten -day notice required if DOC is unable to perform the services herein due to a policy or procedure change by the Secretary of DOC, a change in the law, or judgment of any court. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. PUBLIC INFORMATION Neither party shall arrange for news media coverage relative to this Agreement that would specifically include offenders without the consent of the other party, nor shall either party release information to the news media relative to this Agreement concerning offenders without the consent of the other party to the extent allowed by law. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of Work; and c. Any other provisions of the agreement, including materials incorporated by reference. State of Washington K11564 Page 3 of 5 Department of Corrections 178297 ASSURANCES The parties agree that all activity pursuant to this Agreement will be in accordance with all applicable current or future federal, state, and local laws, rules, and regulations. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end, the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Program Manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Program Manager for the Department is: Donna Waters, Program Manager Department of Corrections 851 Popular PI. S. Seattle, WA 98144 Telephone: (206) 726 -6719 E -Mail: dlwaters c(D,doc1.wa.gov State of Washington K11564 Department of Corrections Page 4 of 5 178297 The Program Manager for the Court is: Susanne White, Court Administrator City of Federal Way Municipal Court PO Box 9717 Federal Way, WA 98063 -9717 Telephone: (253) 835 -3000 E- Mail: fw.court(acitvoffederalway.com THIS AGREEMENT, consisting of five (5) pages and one (1) attachment, is executed by the persons signing below who warrant that they have the authority to execute the contract. CITY OF FEDERAL WAY FEDERAL WAY MUNICIPAL COURT The Honorable Id A. Larson D fie 10))1)/7 Presiding Judge City Manager /Police Chief /o /7 ! 7 Dat City Attorney 1 °ICI i' Date STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS John R. Nispel Contracts Administrator Contracts and Legal Affairs THIS INTERAGENCY AGREEMENT HAS BEEN APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL Date State of Washington K11564 Page 5 of 5 178297 Department of Corrections ATTACHMENT A SCOPE OF WORK The DOC provides: 1. Work crew supervisors (DOC Correctional Officers), each whom will supervise up to a maximum of five (5) CFW crew workers per day, seven (7) days per week. A maximum of 10 crew workers will be transported from the CFW pick -up location on any given Community Restitution crew day. If the total number of available crew workers exceeds the maximum supportable given the number of work crew supervisors, surplus crew workers may be turned away. 2. Project coordination, record keeping and reporting, as defined in this Agreement, under Records Maintenance, through a Community Corrections Program Manager with assistance from clerical staff. 3. Written documentation to the CFW Court within 48 hours of any incident in which a CFW crew worker was dismissed from a DOC Community Restitution crew for disciplinary or safety reasons and will include a recommendation for the temporary or permanent dismissal of the crew worker from further work crew participation. Note: DOC reserves the right to dismiss a CFW crew worker from a DOC Community Restitution work crew for disciplinary or safety reasons. EQUIPMENT 4. Operating vehicles and shall maintain vehicles and equipment required to meet the scope of work. 5. Litterbags, and necessary tools, equipment and supplies to accomplish the scope of work. TRAINING 6. Training for Community Restitution crew worker, as necessary, in the handling of illegally dumped materials, or pertaining to watershed plantings, removals or cleanups. 7. Training for Correctional Officers, as follows: • Personnel Orientation • CPR • First Aid /Infectious Disease Control • Flag Person Certification • Defensive Driving • Record Keeping • Safety Meetings • Incident Review State of Washington Department of Corrections K11564 Attachment A Page 1 of 2 178297 8. Training for CFW Community Restitution crew workers, as follows: • Orientation to work crew • Safety orientation — comprised of a standard orientation to sharps, public contact, seat belts, and related safety issues. RECORD KEEPING AND REPORTING REQUIREMENTS 9. Records maintenance, detailing the daily participation of all CFW crew workers in Seattle Community Restitution crew activities. These shall be submitted to CFW on a monthly basis with the invoice, and shall include, but not be limited to the following: • Identify each CFW crew worker by name, CFW Court case number and dates worked. • Provide a total of CFW Community Restitution crew worker hours completed, supervisor hours and the daily Community Restitution crew worker rate. 10. Copies of any media reports, comments or written press reports regarding the work completed specific to this Agreement to the CFW Court. 11. The inspection and audit of all books and records of DOC which are pertinent to this Agreement, as the CFW or Court deems necessary after the expiration or termination of this Agreement. The CFW or Court: 1. Provides the initial screening for all perspective CFW crew workers for any physical or mental health limitations that would restrict a Community Restitution crew worker from participating on a DOC Community Restitution crew in a safe manner. 2. Completes the DOC referral (to include required criminal history information) and screening questionnaire with the CFW crew worker, and insure that these documents have been received by DOC prior to the crew worker's first Community Restitution crew day. 3. Reimburses DOC within thirty (30) days of receipt of the monthly DOC Invoice, after review and approval of DOC Invoice expenses. CFW Community Restitution Crew Workers: Assist other Community Restitution crew workers in cleanups of litter and illegal dumping, vegetation cutting and /or removal, or other general labor as defined in the current Seattle DOC WORKCREW contract obligations or as requested and approved by the Program Manager. State of Washington Department of Corrections K11564 Attachment A Page 2of2 178297 RETURN TO: ` S� � (� i �, �'�— EXT: c 3 C ( 1 i CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM l. ORIGINATING DEPT./DIV 2. ORIG1NATiNG STAFF PERSON .. o c� ,r � S" �- ���'� �- EXT: � D�� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT O SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REALESTATE DOCLJMENT L� SECURITYDOCUMENT�E.G.BONDRELATEDDOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION t� CONTRACT AMENDMENT (AG#): �� � ❑ 1NTERLOCAL ❑ OTHER 5. PROJECT NAME: � cJ r I� �� e� 6. NAME OF CONTR p ACTOR: _ l� c� � N-� w� e- H� v� �cr� / c c"I'i �Tr, s— �D�'S.S: O3 � f�u �2/ ��7G2 ,j'wl� ft21+I�WIL� qQ��/ E J - 7 - T l� o rv� b vrr� � V G 1. W K1. G r� ✓ SIGNATURE NAME: tt i C�o t' �►W's-c �'��-.a � d!�c-. 2�'�hJ TELEPHONE �206 �-?�6 - e ig FAX: �0�-7�o TITLE Co,-�-Iv����Ff /��+�^•�; Jb2t,r� 7. EXHIBITS AND ATTACHMENTS:B'[ scorE, WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE O ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES L� PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: ____� � � vf �' I � Z � ( C� COMPLETION DATE: �c� ( .� � � , Z � � �/ 9. T'OTAL COMPENSATION $ ��� ��.,� � u ✓,r r e�✓ C.I e t�., d 3r. � (INCLUDE EXPENSES AND SALFS TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARG - ATTACH SCHED ES OF EMPLOYEES TITLES AND HOLIDAY RATES) r REIMBURSABLE EXPENSE: �YES ❑tvo IF YES, MAXIMUM DOLLAR AMOUNT: $ �S � ne.! �"+ d��- ��/ d e i�—r� �.-+ � IS SALES TAX O WED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ CITY �URCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (iF nrrLic.aBLE) ❑ LAW INITIAL/ DATE REVIEWED =� , INITIAL / DATE APPROVED 11. COUNCILAPPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT � SIGNATORY (CM OR DIRECTOR� ❑ CITY CLERK O ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: t � `�a y,rkr�e o J� c,,r v i c c r�l w, k�. I.i INITIAL/ DATE SIGNED 1� aG# '1 C�� 1101� C� DATE SENT: �-� � � Z- � cc'�l' v rt r t,.� � I I �o �( I 1�'�n e C, �''�' i -�a ✓ l�J,rr k C/ cu�./ I 1/9 � 1� �21 !C �� �Ga ��� ��V �1 � �[ �l ICi1 ��F l� �0}tCil lD>���,a��r��rnn���rn�r �� EC�a�r����c�i�irn� �C�lrn�t�r��c�t ��. 1(����� l�,u���n�dl��un� �I�►a 2 'Y'�i� ��rrra���grn��rnit is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the City of Federal V(lay, hereinafter referred to as the City, for the purpose of amending the above-referenced Contract, heretofore entered into between the Department and the City. WHEREAS the purpose of this contract amendment is to extend the period of performance; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and the City agree as follows: Section II, PERIOD OF PERFORMANCE, is amended, in part, as follows: . PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on August 1, 2010 through ((d� �8�)) Julv 31. 2014, unless terminated sooner as provided herein. Such term may be extended by the mutual agreement of the parties. Any such extension shall be evidenced by a properly completed written amendment to this Agreement. Additions to this text are shown by underline and deletions by ((s#�i4Eee�)). All other terms and conditions remain in full force and effect. The effective date of this amendment is August 1, 2012. THIS CONTRACT AMENDMENT, �consisting of one (1) page, is executed by the persons signing below who warrant that they have fhe authority to execute the contract. CITY OF FEDERAL WAY (Signature) �� , � � L�..�•-�. (Pn ted Name) t�'5�•�+ ► (Title) � � (Date) DEPARTMENT OF CORRECTIONS �M-�-^- (Signa re) Gary Banning (Printed Name} Contracts Administrator (TiUe) ���3�tL (Date) Approved as to Form: This amendment format was approved by the office of the Attomey General. Approval on file. State of Washington K8590(2) Page 1 of 1 Department of Corrections 128362 RE"['URN TO: ��, � ���� EXT: 3 CJ I C J CITY OF FEDERAL WAY LAW DEPARTMENT ROUTTNG FORM l. ORIGINATING DEPT./DIV: I �.� ,` �: n 1 I C�`' ✓�" 2. ORIGINATiNG STAFF PERSON: S�= � � J� ,� EXT: .� �� c ) 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � PUBLIC WORKS CONTRACT ❑ SMALLORLIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ I IUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E c. sorrD �,LaTaD Docun�aN� s� ❑ ORDINANCE C7 RESOLUTION ❑ CONTRACT AMENDMENT (AG#): �- ❑ 1NTERLOCAL Cd OTHER M��` -�-L'� v+-� e,-. J� n� � r, �- 5. PROJECT NAME: �- e: ��- e" �- ��-% 6. NAME OF CONTRACTOR � G �' �2 � C. = r �� c � �m � ADDRESS: �� �'- 2:_.k' t.� � � � ;� , r .i TELEPHONE .��°� •'?s _T �-- �.3 � � E-MAIL: 1'c� 3:� �- FAX: SIGNATURE NAME: C7 a r. � a r� •, :�--, -� TITLE C.:-s-. tY�� } �.�►.,..: �}�-� l-�- 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES O COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �� /� Z� f� COMPLETION DATE: ��3I - Z u � Z 9. TOTAL COMPENSATION $ �' S� � ,.r.,- �, ,ivi e.r � e�e., ��?._, } �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHAR E- ATTACH SCHE ULES OF EMPLOYEES TITLES AND HOI.IDAY RATES) REIMBURSABLE EXPENSE: �YES ❑NO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX O WED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY O PURCHASING: PLEASE CHARGE T0: 10. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APP ROVED �l PROJECT MANAGER , fF� �� � z 2 f i � J r-�- :,-.� 7 z z i� D DIRECTOR �� � 1 ❑ RISK MANAGEMENT (iF .aPPLrc.aBLE) ❑ LAw P �- ! 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING C� SENT TO VENDOR/CONTRACTOR DATE SENT: 7�z ��� r DATE REC'D: 7� Z`�� �/ O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT I� SIGNATORY (ctvi ox �i�cTOx) ❑ CITY CLERK ❑ ASSIGNED AG# � SIGNED COPY RETiJRNED COMMENTS j = r� -�-c„-� } >` „�-. INITIAL/ DATE SIGNED / � AG# � � DATE SENT: � z `l �/ � � w� .�- l� � �� �,...s � 1 � J � , � �,'� ,,,.. � I �, t �- . 11/9 �it�al�t�e �o��F \wv�a��]hliurn��,�it�o>>�i JD��e�p��au��r�nrn�e�rnit �o>�F �C�o>>����e�clti��o>>ni� f�����1��e�E;'ICICII�e)Clllr ��0�.. )��b5��9��p� A\�nrn�emi�dl�orn���ni�t I��o�.. �i '7C'�la� A\mrn�e�rncd��orn�emut is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the City of Federal Way, hereinafter referred to as the City, for the purpose of amending the above-referenced Agreement, heretofore entered into between the Department and the City. WHEREAS the purpose of this amendment is to extend the period of perFormance; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and the City agree as follows: Section II, PERIOD OF PERFORMANCE, is amended, in part, as follows: Subject to its other provisions, the period of performance of this Agreement shall commence on August 1, 2010 through (( , )) Julv 31. 2012, unless terminated sooner as provided herein. Such term may be extended by the mutual agreement of the parties. Any such extension shall be evidenced by a properly completed written amendment to this Agreement. Additions to this text are shown by underline and deletions by ((�ee�)). All other terms and conditions remain in full force and effect. The effective date of this amendment is August 1, 2011. THIS AMENDMENT, consisting of one (1) page, is executed by the persons signing below who warrant that they have the authority to execute the contract. CITY OF FE RAL WAY , ___._._ 1 � DEPARTMENT OF CORRECTIONS � �' i....�.�--- (Signature) Gary Banning (Printed Name) Contracts Administrator (Title) `71 ui'(c< (Date) Approved as to Form: This amendment format was approved by the office of the Attorney General. Approval on file. State of Washington K8590(1) Page 1 of 1 Department of Corrections 118362 (Signature) RE"t`UURN TO: Sv c. l.✓I,.' �F- e_. EXT: � c � /°� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: ��'� � �- � n 2 � � `�`� � 2. ORIGINATING STAFF PERSON: �� � �"� ���~ EXT: 0/ 3. DATE REQ. BY: � o J 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm �La�D Docun�rrTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): �..i�iTERLOCAL ❑ OTHER 5. PROJECT NAME: ��'' I� ��^� C�'^ �?� f"' 6. NAME OF CONTRACTOR: 7 8 ADDRESS: J� 1'l� �/ a� �� a<< f���� � 4 -' � s' 1�/ y TELEPHONE ao �- 7 Z b• 6 7 i`� E-MAIL: b ; �a �-. �� •� ur►�. �. h FAX: 02 � �•?u � SIGNATURE NAME: �i I� �� y� n TITLE �-,-�'� �- �� J %7lr�n. L. 'Pr2c'T� ; Le,3/ p I-7>>1y EXHIBITS AND ATTACHMENTS: �scoPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS /a-..� ,.r f- TERM: COMMENCEMENT DATE: d�' I� � �/ � COMPLETION DATE: T��,i .T l, Zo i� T� I � 9. TOTAL COMPENSATION $ I 3^ �� c� �.y/ nG' 7 c t�, � 3.�, I' �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - A TACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�S �NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES [�IO IF YES, $ PAID BY: ❑ CONTRACTOR O C1TY ❑ PURCHASING: PLEASE CHARGE TO: � C� � L l f7 C�' U-2 � s l� '�U �� 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED � PROJECT MANAGER S/`►'y✓ - 9'/i'f / v ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: � 2 �'� COUNCIL APPROVAL DATE: ��/ O 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT � SIGNATORY clv ox D1�CTOR) cv � CITY CLERK O ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE IGNED O .G,n�.., �S avlJ . �. `p � Y' AG# � -�- DATE SENT: 11/9 r1f� �1 `J��' r � t ,�! '�' u �..,r rc � /i �'t M�MORANDUM OFAGR�EMENT BETWEEN � CITY OF FEDERAL WAY BY ANQ THROUGH THE FEDERAL WAY MUNICIPAL COUR7 AND THE WASHINGTON STA7E DEPAR7MENT �F CORRECT[ONS THIS MEMORANDUM OF' AGREEMENT is entered into this 1 day of July, 2010. The parties ("Parties") to this Agreement are the City of �ederal Way ("CFW") a Washington municipal corporation by and thraugh the Federal Way Municipal Court ("Courk"), and fhe Washington Stafe Department of Corrections ("DOC"}. IT !S THE PURPOSE OF THIS AGREEMENT to provide Community Restitution crew par�icipation as an alternative for the CFW Municipal Court sentenceslsanctions. THEREFORE, IT IS MUTUA�LY AGRE�D THAT: STAT�MEN7 OF WORK The DOC and the CFW and Court shall furnish the necessary personnel, equipment, material, and/or service(s) and otherwise do aii things necessary for ar incidental to the performance o� the work se# forfh in Attachment "A", attached hereto and incorporafed herein. PERIOD OF RERFORMANCE Subject to its o#her provisions, the period of performance of this Agreement shall commence on August 1, 2010 through July 31, 2011, unless terminated sooner as �rovided herein. Such term may be extended by the mutual agreement of the parties. Any such extension shaif be evidenced by a properfy completed written amendmen# to thus Agreement. PAYMENT DOC shali receive $15.00 per day for any crew day completed by a CFW worker on #he Seat#Ee DOC work crew or for any CFW crew worker thaf "walks-away," is injured or is dismissed from crew after 12:OQ Naon on any workday. The cast of lndustrial Insurance coverage for each CFW Communify Restitution crew worker is included in the daily reimb�rsement amount for a crew worker. B[LLING PROCEDURE The DOC shal! submit monthly invoices io the CFW by the 25 of the montF► detailing the CFW crew worker hours worked and the worker daily rate. Payment ta the DOC for approved and � comple�ed work will be made by warrant or account transfer �y the CFW within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made sha11 be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. State of Washington K8590 Page i��i �� • Departmen# of Corrections 1U8:;•;� RECORDS MAlNTENANCE The parties to this Agreement shal! each main#ain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance o# the service(s} described herein. These records shall be subjeci to inspection, review, or audit by personnet of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officiafs so authorized by iaw. Afl books, records, docurnents, and other material relevant to this Agreement wiif be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authoreed by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furr�ished by one party to this agreement to the ather party, will remain #he property of the furnishing party, unless otherwise agreed. The receiving party will not disclase or make available this maferial #o any third parties without first giving notice to the furnishing party and giving it a reasonable apportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and clocuments provided by the other party are not erroneousiy disclosed to third parties. RIGHTS fN DATA Unless otherwise provided, data which originates frotn this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shalf be ownad by the Department of Corrections. Data shaf[ include, but not be limited ta, reports, documents, pamphlets, advertisements, books,.magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right #o copyright, patent, register, and the abifity to transfer these rights. 1NDEPENDEN7 CAPACITY 7f�e employees or agents af each party who are engaged in the perFormance of this P.greement shall continue fa be employees oc agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 1NDEMN[FICATfON DOC, its agenfs, or employess assumes responsibiiity for any damages resulting solefy from the negligence of DOC, its agenfs, or employees. To the extent permitted by law, DOC shall be required to indemnify, defend, and hold harmless CFW only to the extent the claim is caused solely by the negligent acts or omissions of DOC, its agents, or employees. CFW, its agents, or employees assumes responsibility for any damages resulting solefy from the negligence of CF1N, its agen#s, or employees. �To the extent permitted by law, C�W shall be required to indemnify, defend, and hold harmless the DOC to the extent the claim is caused solely by the negligent acts or omissions of CFW, its agents, or employees. In accordance with the [aws of the state of Washington, if bo#h parties to this agreement are negligent and jointly fiable, each party wi[[ assume responsibility for its own negligent acts or omissions. State of Washington K8590 Page 2 of 5 Department of Corrections 1 Q8364 AMENDMEHTS This Agreement may be amended by rnutual agreement of the parties. Such amendments shalE not be binding unless they are in writing and signed by personne( authorized to bind each of the parties. TERMINATION Either party may terminate Ehis Agreement by giving the other party ten {10) working days written noti€ication. lf this Agreement is so terminated, the parEies shall be liable only for performance rendered or cos#s incurred irt accordance with the terms of this Agreement prior to the effective date of fermination. In addition, DOC may terminate this Agreement upon written notification and without the ten-day notice required if DOC is unable to perform the services herein due to a policy or procedure change by the Secretary of DOC, a change in the kaw, or judgment of any court. TERMIfVATION �OR CAUSE If for any cause, either parky daes not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party wilE give the other party writfen notice af such failure or violation. The respansible party wil! be given the opportunity to correct the viofation or failure within 15 working days, if faifure or vialation is not corrected, this Agreement may be terminated immediately by written noEice of the aggrieved party to the other. DISPUTES � In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Soard in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members sa appointed shail jointly appoint an additional member to the Dispute Board. The Dispute Board shall re�ieinr the facts, agreement terms, and appiicable statutes and rules and make a determination of the dispute. 7he determination of the Dispute 8oard shall be final and binding on the parties hereto. As an alternati�e #o fhis process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event fhe Governor's process will contral. PUBLIC INFORMATION Neither party sha11 arrange for news media coverage relative to this Agreemen# that would speci�cally include offenders without the consent of the other party, nflr shall either party release information to the news media relative to this Agreement concerning offenders without the consent of the other party to the extent a[lowed by law. � GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the s#ate of Washington and any applicable federal laws. The pro�isions of this Agreement shafi be cons#rued to conform to those {aws. Sfate of Washingfon ' K8590 Page 3 of 5 Department of CorrecUons 108364 ln the evenf of an inconsistency in the terms of this Agreement, or between its terms and any applicable staEute or ru1e, the inconsistency shall be resalved by giving precedence in the foilowing order: a. Applicable state and federa[ statutes and rules; b. Statement of Work; and c. Any other provisions of the agreement, including materials incorporated by referance. ASSURANCES . The parties agree t�at all activity pursuant to this Agreement will be in accordance with al[ applicable currenf or future federaf, state, and local laws, rules, and regulations. ASSfGNMENT The work to t�e provided under this Agreement, and any cfaim arising thereunder, is not assignabie or delegable by either party in whole or in part, without the express prior written consent of the other party, which cansent shall not be unreasanably withheld. WAIV�R A failure by either party to exercise its r�ghts under this Agreement shall not preciude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under #his Agreernen# unfess stated to be sUCh in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABIL,ITY If any provision of this Agreement or any pravisitin of any document incorporated by reference shail be held invalid, such invalidity shall not affect the other provisians of #his Agreemen# which can be given efFect withoufi the invalid provision, if such remainder con#orms to the requirements of applicable law and the funciamental pitrpose af this Agreement, and to this end, the provisions of this Agreernent are declared to be severable. ALL WRITINGS CONTAfNED HEREIN This Agreemen# contains all the terms and conditians agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement sha[I be deemed to exist or to bind any of the parties hereto. CfJNTRACT MANAGEMENT The Program Manager for each of the parties shall be responsible far and shall be the contact person for all communications an8 billings regarding the performance of this Agreement. State of Washington K8590 Page 4 of 5 �apartment of Correctians 10�i364 The P� Manager for the Department is: James Thorburn, Program Manager Department of Corrections 851 Popular Pi. S. Seattle, WA 98144 Telephone: (206) 726-6719 E-Mai[: james.#horbumCc�doc.wa.qov The Program Manager for the Court is: Susanne White, Court Administrator City af Federal Way Municipal Court PO Box 9797 Federal Way, WA 98063-9717 Telephone: (253) 835-3000 E-Mail: fw.court(a7citvoffederalwa .y com IN WITNESS WHER�OF, the parties have executed this Agreement. CETY OF FEDERAL WAY FEDERAL WAY MUNICIPAL COURT The Honorab.le Da ci A. Presiding Judg STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS t' I����� lb},l�to G�an ing, Administrator Date Confracts and Lega[ Affairs �f+�►✓ ��'�-� �l���rJrU City M ager/Police Chief Date ti � n Cit Clerk, Carol cNeill , C ate D City Att r ey, Patricia A. Richardson Dat THIS INTERAGENCY AGREEMENT NAS BEEN APPROVED AS TO FORM BY THE OFFICE OF TFiE ATTORNEY GENERAL State of Washington K8590 Page 5 c.�? :; Department of Corrections 10�3G�!- ATTACHMENT A SCOPE OF WORK The DOC provides: A work crew supervisor (DOC Correctional Officer} seven (7) days per week to pick up CFW crew workers at a designat�d Federal Way pick-up location. The DOC Correctional Officer will supervise up ta a maximum of five (5) CFW crew workers per day or up to the number of transpart seats avaiiabie for crew workers after any DOC or Seatfle Municipal Court workers have been seated a# the Federal Way pick-up point. A maximum of 10 crew workers wiil be transported from fhe CFW pick-up location on any given Community Restitution crew day. 2. Project coordinafion, record keeping and reporting, as defined in this Agreement, under Records Maintenance, through a Community Corrections Program Manager with assistance from cierical staff. 3. Writfen do.cumentation to fhe CFW Court within 48 hours of any inciden# in which a CFW crew worker was dismissed, from a DOC Community Restitution crew for discip{inary or safe#y reasons and will include a recommendation for the temporary or permanent dismissal of the crew worker from further work crew parficipation. Nofe: DOC reserves fhe right to drsmiss a CFW crew worker from a DOC Community Restitution work crew for disciplinary or safefy reasons. EQU[PMENT 4. Operating vehicles and shall maintain vehicles and equipment required to meet the scope of work. 5. Litterbags, and necessary tools, equipment and supplies to accomplish the scope of work. TRA[NING 6. Training for Community Restitution crew worker, as necessary, in the handling of illegally dumped materials, or pertaining to watershed piantings, removals or c[eanups. 7. Training for Correctional Officers, as follows: • PersonnelOrientation • CPR • First Aid/infectious Disease Control • Flag Person Certification • Defensive Driving • Record Keeping • Safe#y Meetings • Incident Review 8. 7raining for CFW Corr►munity Restitufiion crew workers, as fol[ows: State of Washington K8590 Page 1 of 2 Departrnent of Correcfions Aktachment A • Orientation ta work crew • Safefy orientation — comprised of a standard orienkation to sharps, public contact, seat belts, and related safety issues. RECORD KEEPING AND REPORTfNG REQUiREMENTS 9. Records maintenance, detailing t�e daily participation of all CFW crew workers in Seattle Community Restitution crew activities. These shal{ be submitted to CFW on a monthly basis with the invoice, and shall include, but not be limited to the following: • Identify each CFW crew worker by name, CFW Cour# case number and dates worked. • Provide a tatal of CFW Community Restitution crew worker hours completed, supervisor hours and the daily Community Restitution crew worker rate. 10. Copies of any media reports, comments or written press reports regarding fhe work completed specific to this Agreement to the CFW Court. 1'[. The inspection and audit of all books and records of D�C which are pertinent to this Agreement, as the CFW or Court deems necessary after the expiration or termination of this Agreement. The CFW or Court: . 1. Provides the initial screening for all perspective CFW crew workers for any physical or mental health limitations that wauld resfrict a Community Restifution crew warker from par�icipating on a DOC Community Restitution crew in a safe manner. 2. Completes tf�e DOC referral (to include required criminal hisfory information) and screening questianr►aire with the CFW c�ew worKer, and insure that these documents have been received by DOC prior to the crew worker's first Community Restifution crew day_ 3. Reimburses DOC within thir#y {30) days of receipt of the manthly DOC lnvoice, affer review and approval of DOC invoice expenses. CFW Community Restitution Crew Workers: Assis# other Community Restitution crew wor{cers in cleanups of litter and illegal dumping, vegetation cutting andlor removal, or other general labor as defined in the current Seattle DOC WORKCREW con#ract obligations or as requested and approved by #he Program Manager. State of Washingfon K8590 Page 2 of 2 Department of Corrections Attachment A COUNCIL MEETING DATE: ��'�:/ 2010 ITEM #: 5 I _____ ----._.__ ------..........___........_..._�..__..._.__.._. ._......._._. ... _�__�� . f ......._..�.._...---.._....._...__..�.—_.._..__._..._�.._.._......_....._____ _----......__...___............_._._�_.__...._..._.._.........0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT FOR WORK CREW SERVICES POLICY QUESTION Should the city/court contract with Washington State Deparirnent of Corrections (DOC) for Work Crew services for defendants sentenced for crimes in the City of Federal Way? C01vt1v�ITTEE: Parks/Recreation/Human Services/Public Safety MEETING DATE: �'A�2010 CATEGORY: � Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Ot REPOx'r BY: Jud�e David A. Larson/Court Administrator Susanne White DEPT Municipal Court Attachments: Memorandum of Agreement with the Washington State Department of Corrections (DOC). Background: Jail costs are influenced by the number of options available to hold defendants accountable. Work crew is an option that has been viable in many jurisdictions for years. The downside to work crew is that it requires city resources to support supervision and to account for potential liability exposures. The proposed agreement with the Washington State Department of Conections for Work Crew services provides work crew as an option yet eliminates the overhead required to meet staffing and liability needs. DOC assumes all liability and expenses and the defendant pays for the option (except for indigent defendants). The city saves the cost of housing the defendant in a contract jail or in SCORE once it is operational. Options Considered: 1). Authorize the agreement between the City of Federal Way Municipal Court and the Washington Sta.te Department of Corrections for Work Crew services. 2). Authorize the agreement between the City of Federal Way Municipal Court and the Washington State Department of Corrections for Work Crew services with modifications. 3). Not authorize the agreement between the City of Federal Way Municipal Court and Washington State De artment of Corrections far Work Crew Services and rovide �uidance. ....._.�......._.........,.._�..� ..................................__......._....._.................._..._........,......._.._............._._.............._...�............_._.......�.._._............_..............._�......_..._._........._. _........_...................................................................._..._.._.....................__..._.....�......_._._........_...._...... STAFF RECOMMENDATION Council authorize an agreement between the City of Federal Way Municipal Court and the Washington State Department of Corrections for Work Crew Services. CITY MANAGER APPROVAL: �r�'Vy1tU,Q; �1 lia ����IRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: ----- Member /PROPOSED COiJNCIL MOTION: `7 move approval of the Memorandum of Agreement with the Washington State Department of Corrections (DOC) for Work Crew services. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTIOr� .�� _ w I �� APPROVED ; �n � � �� � � ❑ DENIED \��� ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 COUNCIL BII.,L # 1 reading Enactment readi� ORDINANCE # RESOLUTION #