AGREEMENT
NO. ________________ BETWEEN _______________ COUNTY SHERIFF'S DEPARTMENT
AND __________________ (PROJECT SPONSOR)
This
Agreement is entered into by and between the ________ County Sheriff's
Department, hereinafter referred to as "CSD" and _________ (PROJECT
SPONSOR), hereinafter referred to as "Contractor", for the purpose
of providing jail industries employment to offenders from the __________
County Jail, hereinafter referred to as "Institution".
IT IS THEREFORE MUTUALLY AGREED AS FOLLOWS:
1. PURPOSE
The
purpose of this Agreement is to provide the master terms and conditions
between the parties to employ county adult offenders in jail industries
projects for the Contractor, pursuant to RCW 36.110. All jail industries
projects are limited to those which can be properly supervised as
determined by the Manager of the Institution and the Contractor's
administrator/ designee. Each project is subject to careful review
for custody and security requirements. Each project requires the
completion of a "Project Description" form, see Attachment A, which
shall include a description of the work to be performed, the gratuity
to be paid to offenders, and any additional costs or other work
agreements. The Institution Manager, or designee, is authorized
to sign the Project Description form on behalf of CSD.
2. TERM
The
term of this Agreement shall begin upon full execution of the parties
to this Agreement and shall continue until terminated by either
party provided for herein. Each Project Description form shall contain
a termination date for the individual project.
3. PAYMENT
A.
In consideration of the services provided
hereunder, the Contractor shall make payment to the Institution
according to the payment schedule in the respective Project Description
form.
B.
The Institution shall designate an employee
to assist in supervision and to submit monthly time sheets to a
designated representative of the Contractor.
C.
For offenders on jail industries assignments,
the Contractor shall submit a monthly timesheet form, which identifies
specific offenders and their hours worked for each pay period to
the Institution for processing.
The
Institution shall submit a monthly billing to the Contractor for
payment due under the terms of this Agreement.
The
billing shall include as an attachment the applicable time sheet
form.The Contractor shall remit all payments to the Institution
at the address indicated on the monthly billing. Time sheet forms
shall accompany all payments and shall include the following information:
individual's name, offender I.D. number, hours worked, pay rate,
and amount earned.
D.
CSD shall provide worker's compensation and
state industrial insurance for offenders provided for jail industries
under this Agreement.
4. TERMINATION
Either
party may terminate this Agreement upon thirty (30) days written
notice beginning on the second day after the mailing, in whole or
in part, when it is in the best interest of the party. If this Agreement
is so terminated each of the parties shall be liable only for payment
in accordance with the terms of this Agreement for services rendered
prior to the effective date of termination.
5. SELECTION
OF OFFENDERS
The
CSD/Institution will be responsible for selection of offender workers
assigned to jail industries crews to ensure adequate security for
public safety.
6. SUPPLIES
/ EQUIPMENT
The
CSD/Institution shall provide offender workers with necessary clothing
and basic safety equipment, i.e. goggles, gloves, hearing protective
devices, work boots, etc. Specialized safety equipment and/or clothing
shall be provided by the Contractor unless otherwise agreed. The
Contractor shall provide all necessary tools and equipment required
to complete the project requirements.
7. SUPERVISION
The
CSD/Institution shall provide custody supervision of offender workers
assigned on jail industries crews. The Contractor shall provide
adequate instruction and direction for offender workers on jail
industries projects to ensure proper and safe work performance.
8. TRAINING
The
CSD/Institution shall ensure that offender workers and crew supervisors
assigned to jail industries crews receive job and safety training
in compliance with all applicable laws or regulations such as but
not limited to OSHA and WISHA.
The
CSD/Institution shall provide an orientation to the Contractor regarding
CSD guidelines, facility rules, and communication procedures.
9. 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.
10.
WORK PRODUCT AND INDEMNIFICATION
As
the CSD/Institution provides supervision of offender workers for
security purposes only, CSD, its agents, or employees assume no
responsibility for the quality of the work performed by offenders
on jail industries crews, nor guarantees any work so performed.
The CSD, its agents or employees assume no responsibility for any
damages resulting from the performance by offender jail industries
hereunder, except for those damages resulting solely from the negligence
of the CSD, its agents or employees.
11. TRANSPORTATION
Transportation
to and from the work project shall be the sole responsibility of
the CSD/Institution unless otherwise agreed upon by the parties
as may be specified in the Project Description.
12. DISPUTES
Should
a dispute arise concerning the terms of this Agreement and it cannot
be resolved informally, the dispute shall be settled by an independent
arbitrator chosen by mutual consent of both parties. The decision
of the arbitrator shall be binding.
13. CHANGES
AND MODIFICATIONS
No
changes or modifications to this Agreement shall be binding unless
agreed to in writing by the parties hereto prior to such change
or modification. Only the Sheriff or designee has the authority
to alter, amend, modify, or waive any clause or condition of this
Agreement for CSD.
14. 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 any of the
parties hereto. As used herein, reference to the Agreement shall
include this Agreement and any project descriptions executed herein.
PROJECT SPONSOR DEPARTMENT
Date
______________________________
COUNTY SHERIFF
Date________________________
THIS
CONTRACT HAS BEEN APPROVED AS TO FORM ONLY BY THE ____________ LEGAL
COUNSEL.
