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HomeMy WebLinkAboutPW05-432 - Original - WA State Dept of Ecology - WA Conservation Corps/AmeriCorp - 09/12/2005 Records Matter-gerner'n- ASH I NOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Department of Ecoloay Contract Number: loco os--q32 This is assigned by Mary Simmons Vendor Number: Project Name: Washington Conservation Corps/AmeriCorps Contract Effective Date: September 12, 2005 Contract Termination Date: September 30, 2006 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Abstract: Provide a crew of 5 corpsmembers and 1 crew supervisor to assist in various projects. ADCUB32 07/02 CITY OF KENT JUL 2 7 2005 DEPARTMENT OF ECOLOGY ENGINEERING DEPT WASHINGTON CONSERVATION CORPS MEMORANDUM July 25, 2005 ��✓ n i O A, cv?`4�'VJo lo5 TO: Project Sponsor 33 oa FROM: Nicholas Mott L �" Washington Conservation Corps SUBJECT: WCC/AmenCorps 2005-2006 Contract Thank you for your request to continue working with the Washington Conservation Corps/AmeriCorps for the 2005-2006 program year. We appreciate the relationship with our Project Sponsors and are pleased that you have placed value on our ability to assist you in your environmental enhancement activities for another year. Attached are three documents that are part of the contracting requirements for the coming year. 1. Two copies of the 2005-2006 contract. Please make sure the contract totals are correct and consistent with your understanding of the cost we had discussed. If so, please sign both copies and return one to the WCC for our records. 2. Special Term and Conditions. Based on your request for a 5 month, 11 month or 12 month crew agreement, you will see the Terms and Conditions for the upcoming year. 3. 2005-2006 WCC Calendar. In order to provide better information in regard to training, community service, and other scheduled times where the crew will be unavailable for project work, we have attached a calendar for the upcoming year. Please feel free to call me with any questions you might have with any of the attached paperwork. I would ask that you return one copy of the WCC Sponsor Contract to me no later than September 15, 2005. Once again, thanks for your support of the WCC, and we look forward to a great year in partnership. C:\WRDFILES\FILES\TEMPLATE\MEMO.DOC • WCC A EMENT NO. WCC05-16-004 w WASHINGTON CONSERVATION CORPS E`c"o`t`o VY SPONSOR CONTRACT THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps, hereinafter referred to as the "DEPARTMENT, " and that entity whose name appears in item 1, below, hereinafter referred to as the "SPONSOR " 1. SPONSOR City of Kent 2. CONTACTS 3. ADDRESS: Engineering Dept. DEPT PROJECT LEADER Nicholas Mott (360) 407-6077 220 41h Ave. S. SPONSOR CONTACT Matt Knox (253) 437-2051 Kent, WA CREW SUPERVISOR Katie Fischnaller (206) 940-3614 98032-5895 OTHER SPONSOR FISCAL OFFICER 4. PROJECT TITLE/DESCRIPTION: City of Kent WCC/AmeriCorps 5. PROJECT LOCATION: City of Kent 6. SCOPE OF WORK: Various 7. PERIOD OF PERFORMANCES CONTRACT BEGINS October 3, 2005 CONTRACT ENDS September 30, 2006 8. MAXIMUM BUDGET REIMBURSED to DEPARTMENT by Sponsor Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST WCC Crew(5 members and $ $85,000 supervisor) for 12 months Total DEPARTMENT Cost $ Total SPONSOR COST $85,000 Above cost Not to be Exceeded 10. Special Terms and Conditions ❑No ❑x Yes (See XVII.) 11. Biennial Closures: In accordance with biennial closing procedures, the sponsor must REMARKS reimburse the DEPARTMENT no later than June 30, 2007 for services or material supplied under this contract when submitted for payment on properly itemized vouchers (Form A-19) . AFRS ACCOUNT CODE TRANS APPN PRONG PROJECT SUB PROJ ORG CO. OBJ SUB AMOUNT CODE FUND INDE INDE PROJ PHAS INDE OBJ X X X IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT,THE PARTIES AGREE AS FOLLOWS. I. All rights and obligations of the parties to tlftntract shall be subject to and governed by th eneral Terms and Conditions contained in the text of this contract instrument and Sed1WXVll 'SPECIAL TERMS AND CONDITIONS"M II In the event of an inconsistency in this contract,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order. (a) Applicable Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and Conditions 111 This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. IV This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so approved Only the authorized representative by writing(delegation to be made prior to action)shall have the expressed,implied,or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized representative. V. AUTHORITY AND PURPOSE• A Authority The Legislature enacted Chapter 43 220 RCW which created the Washington Conservation Corps, hereinafter referred to as the"WCC," and named the DEPARTMENT as one of six state agencies having implementation authority B. Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in Section 7."SCOPE OF WORK' This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the impairment of existing contracts for services. VI. DEFINITIONS A "SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties concerned to promote successful completion of the project described in Section 7 'SCOPE OF WORK' B. "SPONSOR Work Director"shall mean the person who specifies work to be performed onsite, outlines, describes, and delegates work to be accomplished, supplies necessary orientation and training for use of special equipment and procedures, and is responsible for directing WCC crew supervisor(s)regarding specific project tasks as described in Section 7. "SCOPE OF WORK" C "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate coordination of the project. D "Corps Member"shall mean an individual enrolled in the WCC program Corps members shall not be considered regular state employees. Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation,state retirement plans and vacation leave do not apply to the Corps members However,medical aid and state industrial insurance will be provided by the DEPARTMENT for each Corps member E. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction. He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps member's job performance and skills acquired after two months and at termination of employment. VII. SCOPE OF WORK Both parties agree to compete in a satisfactory and proper manner the services described under the Section 7 "SCOPE OF WORK" of this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions, and to procure any necessary permits such as right of entry The DEPARTMENT agrees to provide Corps members who will be used to complete said work All equipment provided by either the DEPARTMENT or the SPONSOR shall be returned to the provider within fifteen(15)days after termination of this contract,unless otherwise specified in Section XVII "SPECIAL TERMS AND CONDITIONS" Vill. PERFORMANCE: • • A Time for Performance- Any work performed pnor to the effective date of this SPONSOR CONTRACT, or continuing after the completion date of same,unless otherwise agreed upon in writing herein,will be in violation of this contract and will be at the SPONSOR's expense B Compliance With All Laws The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance under this contract. C. Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT D. Final Report Evaluation. Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written evaluation of the project At a minimum,the following shall be evaluated 1 Benefit to Corps members 4 Whether the overall goals and objectives of the project were obtained 2. Environmental benefits 5. Suggestions for program improvement 3. Department cooperation/coordination 6. Revised estimates of alternate supplier cost and SPONSOR cost/donation IX. TERMINATION OF CONTRACT. A. Termination by SPONSOR for Cause If the DEPARTMENT fads to fulfill in a timely and proper manner its obligations under this contract, or if DEPARTMENT shall violate any of the covenants, agreements,assurances,or stipulations of the contract, SPONSOR shall have the right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7) days before such date B. Termination by DEPARTMENT for Cause- If SPONSOR fads to fulfill in a timely and proper manner its obligations under this contract,or if SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7) days before such date. C. Termination by DEPARTMENT for Convenience The DEPARTMENT may terminate this contract by giving wntten notice to SPONSOR of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination In that event all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property. D. Insufficient Funding: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contract under Section IX C "Termination by DEPARTMENT for Convenience"clause,subject to renegotiation under those new funding limitations and conditions X. LIABILITY- A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or property damage caused by WCC Corps member negligence B. When direct supervision is provided by the SPONSOR,the SPONSOR agrees that WCC Corps members working under this contract are agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps member negligence C. To the extent that the Constitution and laws of the State of Washington permit, all parties to this contract shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties assume any responsibility to the other parties for the consequences of any act or omission of any person,firm, or corporation not a party to this contract XI. NON-DISCRIMINATION- The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations, and policies against discrimination and agree not to discriminate in employment, either directly or indirectly,because of a person's age,sex,sexual orientation, martial status,creed, color,national origin,or the presence of any sensory, mental,or physical handicap, unless based upon a bona fide occupational qualification. XII. DISPUTES- Except as otherwise provided in this contr*vhen a bona fide dispute anses between the D*RTMENT and the SPONSOR and n cannot / be resolved,either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shaii precede any action in a judicial tribunal. Either party's request for a dispute resolution must A be in writing; B. state the disputed issues, C state the relative positions of the parties; D state the SPONSOR's name,address, and WCC Agreement number, E. be mailed to the DEPARTMENT within thirty(30)days after the party could reasonably be expected to have knowledge of the issue(s) which are now in dispute. XIII INVOICE VOUCHERS. Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein.The SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher(Form A-19)in accordance with Section 9 "MAXIMUM BUDGET' Reimbursement shall be made by the SPONSOR within thirty(30)days of receipt of said voucher XIV.AMENDMENTS: Changes in the scope of this contract which cause an increase or decrease in the cost of, or the time required for the performance of any part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to implementation. XV SUBCONTRACTS: The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the DEPARTMENT'S PROJECT LEADER XVI RECORDS RETENTION. Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and- properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records shall be subject at all reasonable times to inspection,review,or audit by duly authorized personnel for six years after the contract end date XVII.SPECIAL TERMS AND CONDITIONS: Special terms and conditions of this contract contained in the box below are made a part of this contract(requires initials). Department Sponsor See Attached XVII ENTIRE CONTRACT: This document contains the entire and integrated contract between the parties,and no statement,promise, inducement or agreement made by the DEPARTMENT or its agents or employees that is not contained in this written contract shall be valid or binding No alteration,addition,or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the authorized representatives of the SPONSOR and the DEPARTMENT SIGNATUR SPONSOR - DEPARTMENT BY: BY I [-moo TITLE- TITLE Field Operations Coordinator DATE- g '/� —4 DATE- 7/25/05 Pre-Approved as to form by the Assistant Attorney Genera Ecology is an Equal Opportunity and Affirmative action employer For special accommodation needs,contact the Washington Conservation Corps at(206)407-6947 The TDD number is(206)407-6006 Special Terms and Conditions AmeriCorps 2005/06 1. A flat fee of$85,000 is contracted for WCC crew of 5 corpsmembers and 1 Crew Supervisor for 12 months,including a truck, a basic set of hand tools, and training. Sponsor will be billed a flat fee of$7,083 per month. This fee is not based on actual crew days worked or number of corpsmembers on the crew. No cost reductions will be applied due to crew at less than full capacity 2. Corpsmember AmeriCorps program year consists of October 3, 2005 through September 28, 2006. All members will graduate at that time. 4. Corpsmembers will be hired and working no sooner than October 3, 2005 and no later than November 1, 2005 to attain a full AmeriCorps scholarship. 5. Corpsmember vacancies can be filled with a 900 hour, half AmeriCorps scholarship from March 1-31, 2006. There will be no further coipsmember hiring for the rest of the program year. 6. All state holidays will be non-working days with no make up hour allowed. Those holidays (and Christmas break)include: November 24/25, 2005-Thanksgiving December 26-Jan. 2/Chnstmas/New Year's Break January 16, 2006-MLK Day February 20, 2006-President's Day May 29, 2006-Memonal Day July 3-6, 2006-Independence Day/Summer Break 7. There will be 2 weeks of formal WCC corpsmember training, dates listed in attachment. 8. There will be a 2 day New Member Orientation, dates listed in attachment by region. 9. There will be one week of Community Service, January 16-19, 2006. 10. Corpsmembers will be required to attend community service events, cross training opportunities, National Day of Service events, any appropriate administrative meetings, and Emergency Response activities at minimal notice, as needed. 11. Sponsor agrees to provide a secure site to store tools and park WCC/State vehicle. WCC vehicle is not to be used for heavy hauling. The primary use of vehicle is for transportation of crew, tools, and safety equipment. 12. The WCC standard workweek is Monday through Thursday from 7:00am to 5:30pm. An alternate work schedule may be arranged with prior approval from the WCC.