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HomeMy WebLinkAbout1993-030 Addendum - Job CouncilTHE JOB COUNCIL TRAINING PEOPLE FOR JOBS .'~DE~UM TO THE LETTER OF AGREEMENT BETWEEN THE JOB COUNCIL AND THE CITY OF ASHLAND This is an addendum to the original "Letter of Agreement" between The Job Council and The City of Ashland, effective January 1, 1993 through January 31, 1994. The parties entered into agreement to identify the joint responsibilities of coordinating a one-year, "hands-on" educational work-project for Phoenix High School youth with funding from the Oregon Youth Conservation Corps (OYCC). The purpose of this addendum is to extend responsibilities under the original Agreement through August 31, 1994. Quarterly summary reports documenting $19,180 in financial match (personnel and contracted labor) will be submitted by The City of Ashland to Barry Whetstine at The Job Council during the period covered under this addendum. Following is a schedule for submitting reports: DUE DATE April 15, 1994 July 15, 1994 October 15, 1994 ~UMMARY PERIOD January 1, 1994 - March 31, 1994 April i, 1994 - June 30, 1994 July 1, 1994- August 31, 1994 Therefore, through the approval of this Addendum, the original Letter of Agreement between The Job Council and The City of Ashland is extended through August 31, 1994. Agree: .-....~ Bruce Mo~re~ Executive Director Date TH.E CITY OF ASHLAND Signature k Brian A~hmqui st City Administrat~ Date bf/ 7861 G>t^NTS E'~% OR ~?~27 THE .JOB COUNCIL TRAINING PEOPLE FOR JOBS LETTER OF AGREEMENT BETWEEN THE JOB COUNCIL AND THE CITY OF ASHLAIqD ("Ashland") This Agreement outlines the responsibilities of The Job Council and Ashland for the coordinated operation of a special one year Oregon Youth Conservation Corps project (the "Project"). At least six Phoenix High School students will participate in the Project. This agreement is in effect from January 1, 1993 to January 31, 1994. The purpose of the Project is to involve Phoenix High School students in a "hands on" educational work project, while the students continue their high school education through a set education plan. These students will be enrolled at Phoenix High during 2nd semester 1993 and 1st semester 1993-1994 and will work an anticipated 20 hours per week while attending school. During summer 1993 the students may work up to full time on the Project. The students will be working primarily in the Hamilton Creek watershed above Ashand. The work performed by the students will be under the supervision of a crew leader employed by The Job Council. Individuals employed by The Job Council to perform services in connection with the Project are hereafter referred to as "Participants". The work will be conducted on lands owned by various agencies and private individuals. Work related technical assistance will be given to the crew supervisor by designated staff from the Ashland Ranger District Forest Service, Soil Conservation Service, Southern Oregon Land Conservancy and others. Representatives from agencies involved in the comprehensive land management plan for Hamilton Creek watershed will also do presentations in classes at Phoenix High and on the worksite. In general, the Project will seek to complete a 250' x 3/4 mile fire break in the Hamilton Creek area, close off trails leading to high fire risk areas, piece together other trails connecting desired land parcel accesses, construct a bridge, construct and place 30 bird boxes to enhance wildlife, trail construction and reconstruction, brush piling and other fuel management work, erosion control activities and making and posting resource education signs. 3069 CR^TEF, I.^KEAVE 1545 H,X~4EcKRO^D 1257 N RIVERSIDE '7 MEDFORD OR 97504 G~S PaSS OR 97527 MEDFORD OR 0750] 770.51~3 776 5180 7'6 5100 479 7861 47~ 1187 179 7~61 FAX 770 5125 FAX 470 lB0 kax 770 0458 Page 2 - Letter of Agreement between The Job Council and City of Ashland In consideration of the mutual promises contained in this agreement, and in consideration of The Job Council's employment of Participants, the parties are entering into this agreement. Ashland will: Designate Pam Barlow as the Ashland Agreement Manager, agent for Ashland for the Project. Participate in regularly scheduled Project planning meetings. The Ashland Agreement Manager will be the Ashland's representative to the planning meetings. Other technical advisors may be involved in work planning from time to time. o Provide technical assistance to specify how work shall be completed when work is performed on Ashland land. Provide other technical assistance specifications where appropriate. to project work Provide a minimum of $11,978 of documented match monies to the project. Match sources may include the portion of personnel wage and fringe directly attributable to this project for running chainsaws and chipper in fuel break project; D-3 Cat and tree removal in train erosion central project; chipper in slash spreading project (.2 FTE at average wage and fringe of $15.72/hr x 423.8 hours = $6,663). Match will also include: 75 phone poles used for log stairs ($750); 150 phone poles for bridge ($1,500); chainsaws, chipper, D-3 Cat, equipment transport at $3,015. Any changes to the sources of match must occur with Job Council agreement. The following documentation will need to be maintained for each match source: · For staff positions payroll records and cancelled checks. For each staff position a calendar of time directly attributable to this project which will include the date of the activity, the type of activity and the amount of time by activity. Staff calendars will be submitted on a quarterly basis with the quarterly summary of match. For equipment and vehicle use a written methodology showing how value was determined. This methodology will be submitted to The Job Council by March 26, 1993. · For poles and other supplies invoices and cancelled checks. Page 6. 8 o o Letter of Agreement between The Job Council and City of Ashland Complete a quarterly summary of match which will include a Match Reporting Document provided by The Job Council. Copies of staff work calendars are to be attached to Match Reporting Document. The quarterly summaries are due to The Job Council Agreement Manager on the following schedule: Due Dat~ Match Summary Period April 15, 1993 Jan. 1, 1993 to March 31, 1993 July 15, 1993 April 1, 1993 to June 30, 1993 October 15, 1993 July 1, 1993 to Sept. 30, 1993 January 15, 1994 Oct. 1, 1993 to Dec. 31, 1993 February 15, 1994 Jan. 1, 1994 to Jan. 31, 1994 Maintain and safeguard match records pertinent to this Agreement for a minimum of six years. However, in the event of an audit, records shall be kept by the Contractor until the audit is completely resolved. If the Contractor cannot maintain the records for the required period, The Job Council shall be notified so that arrangements can be made for the storage of records. The Job Council, the Oregon Community Children and Youth Services Commission, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcripts. Notify The Job Council Agreement Manager, Risk Manager and/or Executive Director immediately (the same day if possible) of any known or suspected incident of fraud, program abuse, or criminal conduct as defined in U.S. Department of Labor Incident Report Procedures. As required by the Oregon Youth Conservation Corps, Ashland makes the following program assurances. Ashland assures that its involvement in the Project: So Results in an increase in employment opportunities for youth over those opportunities which would otherwise be available; b o Does not result in the displacement of currently employed workers, including partial displacement, such as reduction in the hours of non-overtime work, wages or employment benefits; C ° Does not impair existing contracts for services or result in the substitution of state for other funds in connection with work that would otherwise be performed; Page 4 - Letter of Agreement between The Job Council and City of Ashland Ashland will notify The Job Council if any person is on layoff by an employer from the same or any substantially equivalent job in the same area. THE JOB COUNCIL will: Designate Barry Whetstine as The Job Council Agreement Manager. In general, The Job Council Agreement Manager is responsible for coordinating communication between The Job Council and Ashland, problem solving, and monitoring agreement compliance and coordinating preparation of an end-of-Project report. The Job Council Agreement Manager is also responsible for reviewing quarterly summary of match and submitting it to The Job Council Fiscal Manager. Hire and compensate a qualified crew supervisor to supervise Phoenix High students while work is performed on the Project. Direct Participants to follow through on all work specifications detailed by Ashland and mutually agreed upon by The Job Council which are consistent with the Coordinated Resource Management Plan· Select and compensate six Phoenix High students to be Participants. Provide workers' compensation insurance as required by federal and state law. Coordinate and be responsible for Participant transportation to and from the Project site. Outfit Participants with needed safety clothing and gear. Provide poison oak shots for Participants in the Project. Coordinate all specialized training for the Project with agencies and training providers. 9. Coordinate work specifications with Ashland technical advisors. 10. Actively participate in regularly scheduled Project work planning sessions to coordinate Project calendar. 11. Obtain the approval of this Agreement from the Oregon Com- munity Children and Youth Services Commission. Should an audit disclose improper practices or other failures to perform by Ashland which cause a disallowance or other loss of funding to The Job Council, Ashland agrees to indemnify The Job Page 5 - Letter of Agreement between The Job Council and City of Ashland Council for any costs and losses. The Job Council, to the extent permitted by federal and state law, including but not limited to tort claims acts, shall indemnify Ashland against any liability for damage to life or property arising out of its actions pursuant to this agreement, provided however, that The Job Council shall not be required to indemnify Ashland for any such liability arising out of the wrongful acts of employees or agents of Ashland. Ashland, to the extent permitted by federal and state law, including but not limited to tort claims acts, shall indemnify The Job Council against any liability for damage to life or property arising out of its actions pursuant to this agreement, provided however, that Ashland shall not be required to indemnify The Job Council for any such liability arising out of the wrongful acts of employees or agents of The Job Council. Each of the parties will comply with all applicable requirements of federal, state and local laws and ordinances applicable to work to be done pursuant to this agreement, including but not limited to applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. By signing this contract, Ashland certifies, under penalty of perjury as provided in ORS 350.385 (6), that to the best of Ashland's knowledge, Ashland is not in violation of any of the tax laws described in ORS 305.380 (4). This agreement will terminate on January 31, 1994, without further notice. Either party may terminate this agreement prior to that date by providing written notice to the other party. The. J~/Council f~/ ~xr~ cCue t~vCGe r~ig~er c t The Job Council Date Ashland Brian Almquist ~--~ City Administr~/or City of Ashla~ Date/ / - a:kpgh.coa 3/5/93