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HomeMy WebLinkAboutCascade Community Connections, Supplemental No. 1 re: Public Works Solid Waste Division Employment Program - 030623Supplemental Agreement Number: Organization, Address, and Phone: 1 Cascade Community Connections Agreement Number: PW-2021-011 Project Number Execution Date: Completion Date: N/A 2/14/2022 3/31/2025 Project Title New Maximum Amount Payable: I/DD Employment Program $178,788.00 Description of Work: Supported employment for individuals with intellectual and developmental disabilities. i SUPPLEMENTAL AGREEMENT The Local Agency of Jefferson County Public Works hereby amends the agreement with Cascade Community Connections ("the Agreement"), executed on February 14, 2022. All provisions in the Agreement remain in effect, except as expressly modified by this Supplemental Agreement. The changes to the Agreement are described as follows: I. Scope of Services is hereby changed to read: No Change II. Time for Performance is hereby changed to read: Term extended to 3/31/2025 per Exhibit A of Original Contract Payment is hereby changed to read: • Contract Year 2: $59,592.00 • Contract Year 3: $61,356.00 Per Exhibit A of Original Contract Supplemental Agreement (to A & B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 1 of This Supplemental Agreement shall be effective upon execution by both parties. Work performed consistent with the Agreement prior to execution of this Supplemental Agreement is hereby ratified. In witness whereof, the parties hereto have executed this Supplemental Agreement Number 1 as shown below. CASCADE COMMUNITY CONNECTIONS (Consultant Firm Name) Taylor Webster, Owner/Exec. Director Consultant's Name (Please print) JA,1�0*&D Con ltant's Signature Date Approved as to form only: Philip C. Wunsucker Date Chief]Civ Deputy Prosecuting Attorney Fq,: Montk Rbinders, P.E. ' ' Date Public Works Director/County Engineer COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate an, District 1 Date J ��4123 Heidi is , how, District 2 Date 31 Z3 Brotherton, District 3 Date Supplemental Agreement (to A & 13) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator 1 From: Monte Reinders, Public Works Director/County Engineer l Agenda Date: February 27, 2023 Subject: Supplemental Agreement with Cascade Community Connections Statement of Issue Cascade Community Connections was selected through a Request for Proposals process in 2022 to continue the Public Works Solid Waste Division employment program for individuals with intellectual and developmental disabilities. The term of the Agreement was one year with two additional one-year term extension options. Analysis/Strategic Goals/Pro's Et Con's: Public Works has found the service provided by Cascade Community Connections to be responsive to the operational needs of the transfer station and to the needs of the individuals employed through the program. As intended, some individuals employed through the program will soon be employed elsewhere in the community workforce. Fiscal Impact/Cost Benefit Analysis: Program costs are budgeted for in the 2022-2023 Solid Waste Fund budget and provision for the program will be made in the next biennial budget. Recommendation: Staff recommends that the Board of County Commissioners approve the Supplemental Agreement to extend the original term by two years. Department Contact: Al Cairns, x213 Reviewed By: 2 � -3 Mark McCau , County Administrat Dat CONSULTANT AGREEMENT FOR Supported Employment for Individuals with Intellectual and Developmental Disabilities THIS AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Cascade Community Connections ("the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. Project Designation. The Consultant is retained by the County to provide supported employment for individuals with intellectual and developmental 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this Agreement on the dates listed on Exhibit "A". Time is of the essence in the performance of this Agreement. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $ 57,840.00 without express written modification of this Agreement signed by the County. The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this Agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Consultant Agreement Page 1 of 10 amount ($1,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The commercial general liability insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Consultant shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Consultant's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Consultant Agreement Page 3 of 10 The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Consultant shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested. The Consultant shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation (Industrial Insurance). If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, the Consultant shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subconsultant that does not have their own worker's compensation and employer's liability insurance. The Consultant expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Consultant. 10. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subconsultants, employees, agents, and representatives, in Consultant Agreement Page 5 of 10 include printing or other customary reimbursable expenses that may be provided in an agreement. 15. Non -Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand -delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Taylor Webster 2023 E Sims Way #115 Port Townsend, WA 98368 18. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated Agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. Consultant Agreement Page 7 of 10 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms -Length Negotiations. The parties agree that this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Consultant further agrees that upon receipt of any written public record request, Consultant shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 9 of 10 DATED this „ day of k4, U t 20 L . Cascade Community Connections Name of Consultant Taylor Webster _ Consultant Representative (Please print) -J'�-Lt (Signs re) _Owner/Director Title —T.-- 2/3/2022 Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Katg ean, District I District 2 District 3 Approved as to form only; January 31, 2022 Philip C. Hunsucker Date Chief _ Prosecuting Attorney �7z Monte Reinders, P.E. Date Public Works Director/County Engineer Consultant Agreement Page 10 of 10 EXHIBIT "A" SCOPE OF WORK Scope of Services Contractor shall provide all equipment, supplies and labor necessary for the provision of the following tasks: Task 1: Transition of Individuals with I/DD • Develop and implement a plan with County and current service provider to transition current employees with I/DD into new work setting Task 2: Litter pick-up, to include: • Sweep and rake outside areas, lots, and sidewalks • Perform outdoor litter control and cleaning tasks • Ensure displays are litter free and clean • Sort collected debris to identify recyclables • Deposit recyclables and trash into appropriate bins • Empty trash bins and reline with trash bags • Ensure trash bins are maintained and clean • Other occasional litter -related tasks as mutually agreed to Task 3: Building and equipment cleaning/maintenance, to include: • Clean interiors of buildings (e.g. restrooms) • Clean exterior of buildings (e.g. window washing, pressure washing) • Clean machinery and equipment as needed • Maintain inventory of maintenance and cleaning supplies • Other occasional cleaning and maintenance -related tasks as mutually agreed to Area of Work Work activities to happen in the area shown in Attachment "A". Time for Performance Contractor shall commence work on April 1, 2022. Work shall be completed on March 31, 2023. The County reserves the right to renew this Contract for two (2) additional one (1) year terms under the identical terms and conditions of the initial Contract between the parties and must give notice of its intent to renew the Contract not less than 180 days before the completion date listed above. EXHIBIT "B" SERVICE FEE SCHEDULE Contract Period Monthly Payment First Year Term $4,820.00 Optional Second Year Term $4,966.00 Optional Third Year Term $5,113.00