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HomeMy WebLinkAbout17-186 - Washington State Department of Corrections - Participation in Work Crew Program17-186 Contract Approval N/A MEMORANDUM OF AGREEMENT BETWEEN CITY OF TUKWILA BY AND THROUGH THE TUKWILA MUNICIPAL COURT AND THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS THIS MEMORANDUM OF AGREEMENT is entered into on the date this Agreement is signed by all of the duly authorized representatives of the parties. The parties ("Parties") to this Agreement are the City of Tukwila, ("CT") a Washington municipal corporations by and through the Tukwila 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 Tukwila Municipal Court sentences/sanctions. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The DOC and the CT and the 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 the date this Agreement is signed by the duly authorized representatives of all of the parties, through October 31, 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 CT worker on the Seattle DOC work crew or for any CT crew worker that "walks -away," is injured or is dismissed from crew after 12:00 Noon on any workday. Total compensation under this agreement shall not exceed $20,000. BILLING PROCEDURE The DOC shall submit monthly invoices to the CT by the 25th of the month detailing the CT 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 CT 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. State of Washington Department of Corrections K11381 o.F 3 Qb1`r-G-L-5. Page 1 of 5 168297 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 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. 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 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 CT only to the extent the claim is caused solely by the negligent acts or omissions of DOC, its agents, or employees. CT assumes responsibility for any damages resulting solely from the negligence of CT, its agents, or employees. To the extent permitted by law, CT 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 CT, 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. State of Washington K11381 Page 2 of 5 Department of Corrections 168297 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. _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: State of Washington Ki 1381 Page 3 of 5 Department of Corrections 168297 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. 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. /// State of Washington K11381 Page 4 of 5 Department of Corrections 168297 The Program Manager for the Department is: Donna Waters, Program Manager Department of Corrections 851 Popular Pl. S. Seattle, WA 98144 Telephone: (206) 726-6719 E -Mail: dlwaters@docl.wa.gov The Program Manager for the Court is: Trish Kinlow, Court Administrator 6200 Southcenter Blvd Tukwila, WA 98188 (206) 433-1840 trish.kinlow@tukwila.wa.gov IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF TUKWILA 1 udge, Kimberly Walden /0/10/%7 Date //7 urt A• ministrator, Trish Kinlo ate 0n -SCC City Attorney Io• IS•I7 Date STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS 7 /7 John Nispel, Administrator Date Contracts and Legal Affairs THIS INTERAGENCY AGREEMENT HAS BEEN APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL State of Washington K11381 Page 5 of 5 Department of Corrections 168297 SCOPE OF WORK The DOC provides: ATTACHMENT A 1. A work crew supervisor (DOC Correctional Officer) seven (7) days per week to pick up CT crew workers at a designated pick-up location. The DOC Correctional Officer will supervise up to a maximum of five (5) CT crew workers per day or up to the number of transport seats available for crew workers after any DOC or the Municipal Court workers have been seated at the pick-up point. A maximum of 10 crew workers will be transported from the CT pick-up location on any given Community Restitution crew day. 2. Project coordination, recordkeeping, 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 CT Court within 48 hours of any incident in which a CT 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 CT 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 8. Training for CT Community Restitution crew workers, as follows: State of Washington Department of Corrections K11381 Page 1 of 2 Attachment A 168297 • 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 CT crew workers in Community Restitution crew activities. These shall be submitted to CT on a monthly basis with the invoice, and shall include, but not be limited to the following: • Identify each CT crew worker by name, CT Court case number and dates worked. • Provide a total of CT 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 CT Court. 11. The inspection and audit of all books and records of DOC which are pertinent to this Agreement, as the CT or Court deems necessary after the expiration or termination of this Agreement. The CT or Court: 1. Provides the initial screening for all prospective CT 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 CT 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. CT 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 K11381 Page 2 of 2 Attachment A 168297