Class Restitution, Work Release, and Community Supervision or Custody Master Agreement Between WASHINGTON STATE DEPARTMENT OF CORRECTIONS And CITY OF SEATTLE This Master Contract Agreement is entered into by and between the State of Washington, Department of Corrections, hereinafter referred to as DOC, and, City of Seattle located at 700 Fitth Ave, Suite 4600 hereinafter referred to as the OF THE or Legal authority for this Master Contract Agreement is pursuant to RCW 72.89.100 and Chapter 1317-80 WAC. Offenders who provide services under this Master Agreement reside in the community. For the provision of services under this Master Agreement, ali offenders are under the jurisdiction of DOC. 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 RECIPXENT. To be eligible to receive offender services, the RECIPIENT must be an agency of Washington State government, a iocal government or federally-recognized indian tribe within Washington State or a public benefit nonprofit as defined by the a 501(c)(3) Charitable Organization or a 501(c)(4) Social Weifare Organization. No public employees be displaced as a result of this Agreement. On January 1, 2016, the terms and conditions contained in this Master Agreement wiil replace and I 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. WORK PROJECT 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 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 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. Fietd 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 ProjectiDescription shall be performed pursuant to the terms of this. Master Agreement. KllOEifo State of Washington I Page 1 Iof 3 Department of Corrections 3. TERM The term of this Master Contract Agreement snail begin January 1, 2016 and continue through December 31, 2019, 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: 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 by the RECIPIENT that were negotiated between the Parties, except that payment fer offender insurance coverage will be paid directiy to 1.821 by the RECIPIENT and will not appear on DOC invoices. 8. 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 oifendere who provide services to the RECIPEENT under the terms of this Agreement. Therefore, RECIPIENT will: 1} Prior to contract execution, complete and submit to the Application for Elective Coverage of Excieded Employments, (Lat; Form emanation) to authorize the addition of offender IodzI Risk Classification .7203 to the L311 Account; 2), Provide DOC with- a copy of the "Rate Notice received. from {$221 that confirms the addition of Risk Classification 7203 to the RECIPIENT's L821 Account. DOC advises the RECIPIENT to include the Lad Rate Notice when returning this partially executed Agreement to DOC for fine! signature. 3} Each quarter, for offender services provided to the RECEPIENT during the previous quarter, report to Lie} the total number of offender hours worked and pay the totai cost due for workers? compensation coverage directly to Lee]. for thSe offender hours. I). Addresses to use for Billing and Payment. 1) Billing Invoices for payment will be maiied to the address provided by the RECIPIENT: . . Seattie Public Utilities Attn: Idris Beauregard PO BOX 34013 SEATTLE, WA 98124 Payment 51. Stat Agencies Only: - will. pay using the following statewide vendor number: Payment DOC General Account} in. All - will send payment to the address provided by the DOC Community Corrections location from which services Were provided. State of Washington Page 2 of 8 Department of Corrections 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 andfor materials. (See Attachment B) C. The RECIPIENTS assessment must be performed in accordance with WAC and provided to DOC using DOC Form 03-24? or other similar hazard assessment and selection worksheet. he RECIPIENT will inform DOC in writing, if hazardous conditions or materiats are found at the new project site. D. Once notified, DOC at its own discretion, may 3) 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 RECIPIENTS site, then offender work will be suspended tmmediately 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 RECIPIENTS specificlwork project. This will inctude any Personal Protective Equipment (PPE) bump hats, specialized goggles or gloves, hearing and protective devices, etc. and any specialized safety equipment (SSE) necessary to protect offenders and correctional officers from hazards at the project site. I 3) The specific tools, equipment and supplies necessary for each project, and the party to the Agreement responsibie for providing each item, will be designated in the Work Project Description for that project. State of Washington Page 3 of 8 Department of Corrections 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 will ensure that all safety training' 13 in compliance with all applicable laws and regulations including, but not limited to, Division of Occupational Safety and Health (DOSE) regulations and the Washington Industrial Safety and Health Act (WISH A). 9. RAPE ELIMINATION ACT (PREA) and SEXUAL MISCONDUCT A. E. State of Washington PREA requirements shall apply to any person having contact with offenders under DOC jurisdiction. This includes, but is. not limited to, governmental entities, contractors and their employees; Recipients of offender work crew services, vendors and their employees, student interns and volunteers, hereinafter referred to collectively as ?contractor?. Contractors may obtain electronic access to the documents cited below in Section 1, Authorities, from the DOC website. Authorities In the performance of services under this Contract, Contractors shall comply with all federal and state laws and DOC policies regarding sexual misconduct including, but not limited to: .Federal Law: 1' Prison Rape Elimination Act of 2003 State Law, Washington: '1 RCW 72.09.225, Sexual misconduct by state employees, contractors; 1* RCW 9A.44.010, Definitions; .1 9A.44.l.60 Custodial sexual misconduct in the first degree; '1 RCW 9A.44.'l.70, Custodial sexual misconduct in the second degree; DOC Policy: a DOC 490.800, Prison Rape Elimination Act (PREA) Prevention and. Reporting; 1' DOC ?4190.820, Prison Rape Elimination Act Risk Assessments and Assignments; 1' DOC 490.850, Prison Rape Elimination Act (PREA) Response; 1? DOC-490.860, Prison Rape Elimination Act (PREA) Investigation; and .- DOC 610.025, Medical Management of Offenders in Cases of Alleged Sexual Abuse or Assault. Contractor Requirements include, but are not limited to: 1. Zero tolerance toward all forms of sexual abuse and sexual harassment; 2. Familiarization and compliance with PREA law, relevant Washington State laws and DOC policies regarding PREA and sexual misconduct; 3. Ensuring that anyone who may have contact with DOC offenders complete DOC PREMSexual Misconduct training and comply with all PREA standards. Department of Corrections Page 4 of 8 4. All personnel under this contract, with access to DOC offenders, must certify that they have not: I Engaged in sexual misconduct in a prison, jail,? lockup, community confinement facility, juvenile facility, or other institution as defined in 42 U.S.C. 1997; 3 Been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did. not consent or was unable to consent or refuse,- or 3 Been civilly or administratively adjudicated to have engaged in the activity described above. 5. Providing sexual misconduct disclosure forms to DOC (DOC Form #03602), completed by each person providing services, retaining a copy of the same in each ind ividual personnel record. 6. Submitting to a criminal background check, performed by DOC, at ieaat once every five years. 7. Compliance with the affirmative duty to report personnel with any conviction or adjudication of a violation of any of the. offenses listed in above. C, Ingeetigations. DOC will investigate any allegation of the contraCtor?s failure to comply with DOC PREA policies or the PREA Standards, D. gpnsegueggcea of a Contractor?s failure to conform with DOC PREA policies include, but are not limited to: 1. Contractor removal from. proximity to offenders; 2. Contractor removal from contract work at 3. Contract termination. - 10. CONTRACT MANAGEMENT The contract manager(5} for each of the parties shali be responsible for and shall be the contact person(s) for ail communications regarding the performance of this Agreement. Either party may, with written notice to the other, designate different contact persons. - Idris Beauregard, Manager, 206-684-3056, Donna Waters, Program Manager 206w726~6719 donna.waters@doc.wa.goo 11. SUPERVISION . A. The Work: RECIPIENT will supervise the work performed by offenders and maintain daily oversight of the project untii completed, RECEPIENT will. provide adequate workaite instruction and direction to all offenders, to ensure safe work performance and pmper project outcome. State of Washington Pa go 5 of 8 Department of Corrections l3. ?ux-try: 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. I). Og?itg [linessmcoidentsz 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. Illnesses a) Illness. DOC will pay all expenses related to treatment of offender illness. b) injury. The cost of treatment provided to offenders beyond first aid for any and all work related injuries will be paid in accordance with Title RCW. c) The Loci Account Number, will be the account number used by offenders, DOC and medical providers when reporting offender work related injury. 12. 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 andlor 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 redo 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. INDEMNIFICATION A. RECIPIENT, its agents, andlor 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, andior employees. B. DOC, its agents, and/or employees: 1) Are responsible for damages that arise out of DOC, its agents, andlor employees? negligent security supervision of offenders. State of Washington Page 6 of 8 Department of Corrections 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 negiigent acts or omissions. 15. TRANSPORTATION DOC 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. 37. 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. liability insurance coverage must have a limit of not iess than $1,000,000 per each occurrence with an aggregate limit of at least $2,000,000. 18. PUBLIC BEN BFIT NONPROFIT In order to utilize offender work crew services, RECIPIENTS that are non-profits, must be public benefit nonprofits, as defined by the federal Internal Revenue Service (ZRS). Those that are public- benefit nonwprofits must provide proof to DOC of official IRS designation as a (501(c)(3) Charitable Organization or a (501(c)(4) Social Weifare Organization. The RECIPIENT must provide DOC with proof of its IRS pubiic benefit nonuprofit designation, with this partially signed Agreement when returning this paitially signed Agreement to DOC Contracts and Legal Affairs for the final signature by DOC 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. 2U. 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 constmed to be a modification of the terms and conditions of this Agreement. 21. SEVERABILITY if any term or condition of this Agreement is heid invalid by any court, such invalidity shail not affect: the validity of the other terms and conditions of this Agreement. State of Washington I Page 7 of 8 bepartment of Corrections 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 te exist or to bind either of the parties hereto; As used herein, reference t0 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 eight (8}pagee and one attachment, is executed by the persons signing below who warrant that they have the authority to exeeute the Agreement. DEPARTMENT OF CORRECTIONS CITY OF SEATTLE Ee?_?e?s?i (Signature? I I . . (Signatur) . - Gary Banning (Prinled Name) (Printed Name) . Contracts Administrator (Title) - Wm (rI'itle) ,1 few 3e?? 2e; e? {Date} (Date) Approve} on file. This contract format was approved by the Office of the Attorney General. app mug a. to Perm: I By Tim Lang, 31'. Assistant Attorney General December 8, 2015 State of Washington . Page 8 of 8 "Department of Corrections