NW Youth Corps ~ AG186001 ~ Northwest Youth Corps Cooperative Agreement CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT)
Contract Title: Northwest Youth Corps Cooperative Agreement Number:
06 1—
Contractor: NW Youth Cores Contract Total: $6,000.00
Contract Overview: This contractis to cQMVIete forested wetland restoration and trail maintenance at
Dirksen Nature Park
Initial Risk Level: Extreme [ High Moderate X LOW
Risk Reduction Steps:
Risk Comments: A lower level of insurance was approved for the project per a Risk review.
Risk Signature:
Contract Manager: Carla Staedter Ext: 2788 Department: PW Engineering
Type: Personal Svc ❑ Professional Svc Architectural Agr Public Imp ❑ General Svc
Engineering Svc X Other: Cooperative Agreement Start Date: 2.Z518 End Date: 4/30/18
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
N/A
Account String: Fend-Divis, ;,Aeeo_ u'j t_ Wo&Order—Activity Joe Amount
FY 2017-18 420-8000-56005 92016-05-140 $6,000.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
rT
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a
completed Contract Checklist.
G
CITY OF TIGARD
NORTHWEST YOUTH CORPS COOPERATIVE AGREEMENT
This Cooperative Agreement ("Agreement") is made and entered into bly and between the City, of Tigard
("City"), an Oregon municipal corporation and Northwest Youth Corps ("NWYC"), an Oregon youth job
development organization pursuant to ORS 344.415,hereinafter collectively referred to as the "parties."
RECITALS
WHEREAS, the Cite of Tigard is in need of forested wetland restoration and trail preparation work for a
project in Dirksen Nature park;and
WHEREAS, the City does not have the labor capital available for the work;and
WI IEREAS,Metro awarded the City a grant for portions of the work in Dirksen Nature Park with a condition
of the grant being the City include a job building component into the work;and
WHEREAS, N\X`YC provides job training opportunities to youth and adults allowing them to learn, grow,
and experience success;and
XVHEREAS,NV YC is able to provide a crew that is capable of completing the work required by the CM1.
Tf 1l_-RFFORX_, under the authority granted ORS 344.070, 344.075, 344.125, 344.425, and 418.205, the Cit}`
and NWYC desire to develop a relationship for the work required by the Cmin Dirksen Nature Park. The
Parties agree as follows:
AGREEMENT
1. Scope of Work. N\VYC agrees to provide a crew to perform the following work at Dirksen Nature
Park as shown on the map attached as Exhibit A:
1.1 Removal of i\rN, and other non-native vegetation from forested wetland as requested by City.
The area is approximate]\, 1.2 acres in size.
1.2 Plant 305 1-gallon native plants (City provided)
1.3 Plant 185 3.5"-potted native plants (City provided)
1.4 Decommission demand trails that currently cross forested wetland
1.5 Clear 1,000 linear feet of new trail and instal.] woodchips (City provided)
This scope of Work involves job training experiences for youth that are of limited,short duration and
are not intended to displace, duplicate, or replace the jobs of City employees involved in equivalent
jobs or work tasks,impair existing contracts for service,-,,or prevent the hiring of seasonal emplovees.
2. Term of Agreement. This Agreement is effective upon signature by both Parties and continues
through April 30, 2018. Notwithstanding, in the event SEW, objects to this Agreement and the Citta
is unable to resolve those objections, the Agreement will be considered 11un and void.
3. Financial Compensation. Cio, agrees to pay N\XYC an amount not exceeding Six 111ousand and
No/100 Dollars ($6,000.00) for performance of those services described herein,which payment will be
based upon die following applicable terms;
3.1 Payment will be made in installments based on NWNCs invoice, subject to the approval by
the City,and not more frequently than monthly. Payment Will be made only for work actually
completed as of the date of invoice.
Cooperative Agreement—Northwest Youth Corps
3.2 Payment by City releases the City from any further obligation for payment to Contractor, for
services performed or expenses incurred as of the date of the invoice. Payment will not be
considered acceptance or approval of any work or waiver of any defects therein.
3.3 NVIYC will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
3.4 The City certifies that sufficient fluids are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Appropriations for future fiscal years are
subject to budget approval by the City Council.
4. N\X'YC Obligations. NWYC will:
4.1 Provide responsible crew capable of perforri-iing the identified work. At no point may any of
the assigned NWYC crew be under the age of 18-years-old.
4.2 Regularly meet with City's project coordinator as requested by the City.
4.3 N\VYC will defend, save, hold harmless, and indemnify, the City, the City's officers,
employees, agents, and representatives from and against all liability, claims, costs, demands,
judgements,penalties,and causes of action of any kind or character,or other costs or expenses
incidental to the investigation and defense thereof, of whatever nature, resulting from or
arising out of the activities of NWYC or any of its subcontractors, agents, or employees in
performance of this Agreement,except,however,the foregoing does not apply to liability that
arises out the City's,its officers', agents', or representatives' sole negligence. If any aspect of
this indemnity is found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity will not affect the remainder of this indemnification.
4.4 Provide the following levels of insurance for the entirety of this MOLT:
4.4.1. Workers'Compensation: $500,000/per accident, $500,000/per each employee,
$500,000 disease policy
4.4.2. General Liability: $2,000,000/general aggregate, $2,000,000/product coverage,
$1,000,000/personal injury, $50,000/fire
4.4.3. Automobile Liability: $11000,()00
4.4.4. An additional$2,000,000/each occurrence and each aggregate.
4.4.5. NVAT will name City as an additional insured with respect to the comprehensive
general liability policy.
4.5 N\X-VC will assign a project coordinator to serve as key point person for the project and to
serve as prime contact point for the City.
4.6 N\N17C will bear any and all costs associated with unforeseen events or circumstances
associated 1AN11th work performed by their employees that is not directly related to the Scope of
Work.
5. City Obligations. City will:
5.1 Provide funds as identified in Section 3.
5.2 Provide project oversight and perform regular site visits and feedback to N\XlYC on work
performance under this Agreement.
5.3 Assign a project coordinator to assist N\X,-Y"C throughout the work. Project coordinator will
serve as the key point person for NWYC.
5.4 City will bear any and all costs associated with unforeseen events or circumstances associated
with work performed by their employees or for errors detailed in the Scope of Work.
6. Termination. City may terminate this Agreement at any time if City reasonablN, determines N\VYC
has failed to comply with any provision of this Agreement and is therefore in default. Prior to
terminating this Agreement,City will provide NV'YC the reason(s) that City has concluded that NWYC
is in default and includes a description of the steps that NVIYC shall take to cure the default. NWYC
Cooperative Agreement-Northwest Youth Corps 2
will have ten (10) days from the date such notice is received to cure the default or make reasonable
progress towards cure,as determined by the Cite.
7. Contact Information. The following addresses will be used to transt'nit notices, bills, payments, and
other official information:
r
Attn: Carla Staedter Attn: Michelle Schuett
Address: 13125 Sal'%Hall Boulevard Address: 2621 Augusta Street
Tigard,Oregon 97223 Eugene,Oregon 97403
Phone: (503) 718-2788 Phone: (541) 349-5055
Email: c:aala(iilth,ard-or.00x Email: m*clacllcsEci°its€Nc
8. Modification of Agreement. No waiver,consent,modification or change of terms of this Agreement
will be binding unless in writing and signed by both Parties.
9. Excused Performance. In addition to the specific provisions of this Agreement,performance by an}'
Party will not be in default where delay or default is due to war, insurrection, strikes,walkouts, riots,
floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or
mandated by governmental entities other than the Parties, enactment of conflicting state or federal
laws or regulations, new or supplementary environmental regulation, litigation or similar bases for
excused performance that are not within the reasonable control of the Party to be excused.
10. Scygrabilily. If any one or more of the provisions contained in this Agreement is invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of
the Agreement will not be affected or impaired in any way.
11. Governing Law: 'I1ie provisions of this Agreement will be construed in accordance Vi-ith the
provisions of the laws of the State of Oregon. Any action or suits involving any question arising under
this Agreement must be brought in the W'ashington County Circuit Court or the US District Court of
Oregon,Portland.
12. Counterparts:Facsimile Execution. This Agreement may be executed in counterparts,each of which,
when taken together,constitute fully executed originals. Facsimile or e-mail signatures will operate as
original signatures with respect to this Agreement.
IN \X71TNESS WI-IEREOF, the parties have executed this Cooperative Agreement as of the date set forth
below.
CITY OF TIGARD NORTHWEST YOUTH CORPS
y: Authorized City Representative By: Authorized Contractor epresentative
'e'7''c'I 4 1 b kk .ll
Date Date
Cooperative Agreement—Northwest Youth Corps 3 '' .
EXHIBIT A
MAP OF WORK SITE
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Cooperative r\greement—Northwest Youth Corps