Loading...
AG 19-155 - Dept of Corrections RETURN TO: EXT: AUTUMN GRESSETT 6919 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PRCS/PAEC 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ.BY:ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALLOR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑O OTHER WA DEPARTMENT OF CORRECTIONS MASTER AGREEMENT-CLASS V COMMUNITY RESTITUTION PROGRAMS S. PROJECT NAME: CLASS V COMMUNITY RESTITUTION PROGRAMS 6. NAME OF CONTRACTOR: STATE OF WASHINGTON,DEPARTMENT OF CORRECTIONS,WESTERN WASHINGTON WORKCREW ADDRESS: 851 POPLAR PLACE SOUTH-MS:TB-76,SEATTLE,WA 98144 TELEPHONE 206-726-6719 E-MAIL:RJVERTZ@DOC1 WA,GOV � FAX:206-720-3425 SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:R SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: -AvDy� s1 - 1, 2y lg? COMPLETION DATE: JUNE 30,2022 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ONO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED O PROJECT MANAGER AG 06/18/2019 ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) * LAW ER 6/19/2019 11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: / l / COMMITTEE APPRO\'ALDATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: I 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ 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.) INITIAL/DATE SIGNED I_ EPARTMENT 9 g SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# k$5 ❑ SIGNED COPY RETURNED DATE SENT: j COMMENTS: 'needs council approval Please send agenda bill and staff report to law for review when drafted -mp 1/2018 Class V Restitution,Work Release, and Community Supervision or Custody Master Agreement Between THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS And THE CITY OF FEDERAL WAY This Master Contract Agreement is entered into by and between the Washington State Department of Corrections, hereinafter referred to as "DOC," and, the City of Federal Way located at 33325 81h Ave S, Federal Way WA 98003 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. Individuals who provide services under this Master Agreement reside in the community. For the provision of services under this Master Agreement,all individuals are under Department,City,and/or County jurisdiction. 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 DOC Field Administrator,Work Release and Residential Program Administrator, or designee and the RECIPIENT's Contract Manager. Each project is subject to careful review for 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. A Field Administrator or Work Release and Residential Program Administrator 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 Contract Agreement shall begin August 1, 2019 and continue through July 31, 2022, 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: State of Washington K12080 Page 1 of 6 Department of Corrections 198629 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. DOC requires the RECIPIENT of offender services to provide workers'compensation insurance for the offenders who provide services to the RECIPIENT under the terms of this Agreement.Therefore, RECIPIENT will: 1) Prior to contract execution, complete and submit to L&I, the Application for Elective Coverage of Excluded Employments, (L&I Form F213-112-000) to authorize the addition of offender L&I Risk Classification 7203 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 7203 to the RECIPIENT's L&I Account. DOC advises the RECIPIENT to include the L&I Rate Notice when returning this partially executed Agreement to DOC for final signature. 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 address provided by the RECIPIENT: CITY OF FEDERAL WAY Attn: Autumn Gressett,Parks Department 33325 81h Avenue S Federal Way WA 98003 2) Payment a. RECIPIENT-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. 6. 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. State of Washington K12080 Page 2 of 6 Department of Corrections 198629 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. 7. 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. 8. 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. 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). 9. 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: Jason Gerwen,253-835-6962,jason.gerwen@cityoffederalway.com DOC: Rene Vertz,206-726-6719,rjvertz@docl.wa.gov 10. 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. State of Washington K12080 Page 3 of 6 Department of Corrections 198629 B. Security 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. C. Correctional Officers may not supervise the work performed by offenders or be responsible for project outcomes. D. 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)Iniury. 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, 574,570-00 ,will be the account number used by offenders,DOC and medical providers when reporting offender work related injury. 11.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. 12. 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 3) Are not responsible for damages to third parties resulting from the work performed or products produced by offenders on work crews. 13.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. State of Washington K12080 Page 4 of 6 Department of Corrections 198629 14. TRANSPORTATION DOC has sole responsibility to transport offenders to and from the work project site. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. State of Washington K12080 Page 5 of 6 Department of Corrections 198629 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 FEDERAL WAY MAYOR FEDERAL WAY CITY ATTORNEY p or Cad (Signature) �.i _moi o ` �trt c Rltos�er ( rirtrd 1Laeu�i (PEinleel Name) re ArllS� Cj}y 13rod►May iTi:Sr j (Title) GL 9 Avg 2019 (Date) (Date) FEDERAL WA Y CITY CLERK DEPARTMENT OF CORRECTIONS �fiUI4& — (S; a to ) (Signature) st&&nie '(,ourfn N Debra J.Eisen (Pri�Name) (Printed Name) & 4 W Contracts Administrator (TidL,) (Title) (Date) (Date) Approyed fvs to Form:By Tim Lang,Sr.Assistant Attorney General, December 8,2015 State of Washington K12080 Page 6 of 6 Department of Corrections 198629