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HomeMy WebLinkAbout5061Contract Number: Vendor: Sub� ect : Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5Q61 WA STATE DEPT OF ECOLOGY Washington Conservation Corps Sponsor Contract Parks LEG 12-1 5/1/2011 9/30/2011 10/1/2011 Comments: � � �ISHIN6TOY ETATF DEPIRfYEYT OF ECOLOCY WCC AGREEMENT NO WCC'11-29-M1 WASHINGTON CONSERVATION CORPS 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 SPON SOR• Bremerton Parks and Rec 2 CONTACTS 3 ADDRESS 680 Lebo Blvd Bremerton, WA SPONSOR CONTACT 98310 CREW SUPERVISOR OTHER SPONSOR FISCAL OFFICER 4 PROJECT TITLE/DESCRIPTION Bremerton Rain Garden 5 PROJECT LOCATION B WA 6 SCOPE OF WORK Demolition of structures, base rock preparation for porous walking path, planting, sod installation and construction of rain garden including soil prep and planting 7 PERIOD OF PERFORMANCE. CONTRACT BEGINS May 1, 2011 CONTRACT ENDS September 30, 2011 Provided by DEPARTMENT 1 WCC Crew for 5 weeks Total DEPARTMENT Cost 10 Special Terms and Conditions x❑ No ❑ Yes (See VII ) 8. MAXIMUM BUDGET Cost Provided by SPONSOR/DONATIONS $ $ Total SPONSOR COST REIMBURSED COST $17,500 $17,500 Above cost Not to be Exceeded 11 6ienn�a7 Closures In accordance with biennial closing procedures, the sponsor must REMARKS reimburse the DEPARTMENT no later than i��na �o , 2012 for services or material supplied under this contract when submitted for payment on properly itemized vouchers (Form A-191 TRANS CODE AFRS ACCOUNT CODE APPN PROG PROJECT SUB PROJ ORG CO OBJ SUB AMOUNT FUND INDE INDE PROJ PHAS INDE pg7 X X X IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES AGREE AS FOLLOWS I Ali nghts and obligations of the parties to this contract shall be sub�ect to and governed by those General Terms and Conditions cQ�ntained the text of this contract instrument and Section XVII 'SPECIAL TERMS AND CONDITIONS " 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) Speaal Terms and Conditions, and (c) General Terms and Condifions 111 This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties No other understandmgs, oral or othervvise, regarding the sub�ect matter of this contract shall be deemed to exist or to bind any of the parties hereto IV This contract shall be sub�ect to the wntten approval of the authonzed representative of the DEPARTMENT and shall not be binding untd so approved Only the authonzed representative by wnting (delegation to be made pnor to action) shall have the expressed, implied, or apparent authonty 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 bmding unless made in writmg and signed by the authorized representative V AUTHORITY AND PURPOSE A Authoriry The Legislature enacted Chapter 43 220 RCW which created the Washmgton Conservation Corps, hereinafter referred to as the "WCC," and named the DEPARTMENT as one of six state agencies havmg implementation authority B Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the pro�ect descnbed 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 pro�ect The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers, includmg 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 pro�ect and shall cooperate with all parties concerned to promote successful completion of the pro�ect described in Section 7'SCOPE OF WORK' B"SPONSOR Work Director" shall mean the person who specifies work to be performed onsite, outlines, descnbes, and delegates work to be ac;complished, supplies necessary onentation and trammg for use of special equipment and procedures, and is responsible for directing WCC crew supervisor(s) regardmg speafic pro�ect tasks as described in Section 7"SCOPE OF WORK " C"DEPARTMENT Pro�ect Leader' shall mean the person who is responsible for developing and facditating the pro�ect and shall serve as liaison beiween the DEPARTMENT and SPONSOR PROJECT LEADER assumes ultimate responsibdiry to ensure adequate coordmation of the pro�ect 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 civd 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 industnal insurance wdl be provided by the DEPARTMENT for each Corps member - E"Crew Supervisor" shall mean the person who is responsible for matters relating to personnel admmistration and overall pro�ect direction He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, dady crew supervision and disapline, completes Corps member trairnng plans, and provides a wntten evaluation of each Corps member's �ob performance and skdls acqwred after two months and at termination of employment VII SCOPE OF WORK Both parties agree to compete in a satisfactory and proper manner the serwces descnbed under the Section 7"SCOPE OF WORK" of this c.ontract, and to provide matenals and supplies necessary to ensure satisfactory completion of the pro�ect, including any speaal eqwpment required by special work conditions, and to procure any necessary permits such as nght of entry The DEPARTMENT agrees to provide Corps members who wdl be used to complete said work All eqwpment 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 " t - �t VIII 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 wnting herem, wdl be in violation of this contract and wdl be at the SPONSOR's expense B Compliance With All Laws The SPONSOR agrees to observe all federal and state laws, regulations, and policies affectmg perFormance under this contract , C Release of Information or Materials The SPONSOR wdl not release any information or matenals developed pursuant to this contract without prior written authority from the DEPARTMENT D Final Report Evaluation Withm 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a wntten evaluation of the pro�ect At a minimum, the following shall be evaluated , 1 Benefit to Corps members 2 Environmental benefits 3 Department cooperation/coordination IX TERMINATION OF CONTRACT 4 Whether the overall goals and ob�ectives of the pro�ect were obtained 5 Suggestions for program improvement 6 Revised estimates of alternate supplier cost and SPONSOR cost/donation A Termination by SPONSOR for Cause If the DEPARTMENT fails to fulfill m 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 nght to terminate this contract by givmg wntten notice specifymg the effective termmation date to the DEPARTMENT at least seven (7) days before such date B Termmation by DEPARTMENT for Cause If SPONSOR fads to fulfill m 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 termmate this contract by giving wntten notice specifymg the effective termination date to the SPONSOR at least seven (7) days before such date C Termmation by DEPARTMENT for Convenience The DEPARTMENT may terminate this contract by givmg written notice to SPONSOR of such termination and speafying the effective date thereof at least ten (10) days before the effective date of such termmation In that event all finished or unfirnshed documents and other matenals as described above shall be delwered to DEPARTMENT for its review After the review at the option of DEPARTMENT such documents or matenal or portions thereof shall become its property D Insuffiaent Fundin4 In the event funding from state, federal, or other sources is withdrawn, reduced, or limited m any way after the after the effective date of this contract and prior to normal completion, the DEPARTMENT may termmate the contract under Section IX C "Termination by DEPARTMENT for Convernence" clause, sub�ect to renegotiation under those new fundmg limitations and conditions X LIABILITY A When direct superwsion is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members workmg under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal in�ury 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 m�ury 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 responsibdity 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 discrimmation and agree not to discnmmate in employment, either directly or mdirectly, because of a person's age, sex, sexual onentation, marital 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 contract, when a bona fide dispute anses between the DEPARTMENT and the SPONSOR a it cannot be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall precede any action m a �udicial tnbunal Either party's request for a dispute resolution must be in writmg, state the disputed issues, state the relative positions of the parties, state the SPONSOR's name, address, and WCC Agreement number, 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 mcrease 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 accomFlished by wntten amendment and eRecuted 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 obtaming prior written approval of the DEPARTMENTS PROJECT LEADER XVI RECORDS RETENTION Both parties shall maintain books, records, documents and other evidence of accountmg 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 sub�ect at all reasonable times to mspection, 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 m the box below 0 are not ❑ are made a part of this contract (reqwres irntials) � Department Sponsor XVII ENTIRE CONTRACT This document contains the entire and mtegrated 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 wntten contract shall be valid or bindmg No alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not m writing and signed by the authonzed representatives of the SPONSOR and the DEPARTMENT SIGNATURES SPONSOR BY TITLE � 1�J(C �� i��f DATE �� DEPA TMENT BY ��/�- ! � TITLE SE r ram Mana er DATE � Pre-Approved as to form by the Assistant Attorney General Ecology is an Equal Opporturnty and Affirmative action employer For speaal accommodation needs contact the Washington Conservation Corps at (206) 407-6947 The TDD number is (206) 407-6006