HomeMy WebLinkAbout000620 Original ContractSERVICE CONTRACT
Feiro Service Contract, June 2013
PUBLIC EDUCATION AND OUTREACH SERVICES
BY FEIRO MARINE LIFE CENTER
THIS AGREEMENT is made and entered into this day of Jta
a
2013, between the City of Port Angeles, a Municipal Corporation of the State of
Washington (hereinafter called the "City and Feiro Marine Life Center, a 501 (c) (3)
non profit corporation (hereinafter called "Feiro
The City and Feiro, in consideration of the performance of the terms and
conditions hereinafter mentioned, agree as follows:
ARTICLE I
CONTRACT DOCUMENTS
The Contract consists of the attached Exhibit A Scope of Services, Exhibit B
Agreed Pricing, Exhibit C Project Schedule and this Service Contract. All obligations
of the City and Feiro are fully set forth and described herein.
In the event of a discrepancy between any of the Contract Documents, as above
defined, the City shall make written interpretation thereof, which interpretation shall
govern.
ARTICLE II
SERVICES
Feiro agrees to provide all labor, equipment, supplies and materials to provide
public education and outreach on stormwater and Combined Sewer Overflow (CSO)
reduction program as outlined in Exhibit A.
ARTICLE III
CONTRACT PRICE
As complete and exclusive consideration for all services to be performed by
Feiro, the City shall make payments to Feiro in accordance with Exhibit B, Proposed
Pricing. Feiro agrees to provide all work and services for a total compensation not to
exceed $9,271.69. No claims for additional compensation will be approved without
written amendment to this Contract. Invoices on this amount may be submitted once per
month, and will be paid based on the percentage of Contract completion.
ARTICLE IV
TERM
This Contract shall become effective upon execution by both parties, and
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City of Port Angeles
Record #000620
continue to December 31, 2013, at which date the Agreement will terminate.
ARTICLE V
ASSIGNMENT
Feiro shall arrange and pay for any and all transportation of school children
through their appropriate school district transportation services. Except for
transportation, Feiro shall not assign any of its responsibility under this Contract without
the express written consent of the City.
ARTICLE VI
APPLICABLE LAW AND VENUE
This Contract shall be governed by, and construed in accordance with, the
applicable laws of the State of Washington. Any legal proceedings to determine the
rights and obligations of the parties hereunder shall be brought and heard in Clallam
County.
ARTICLE VII
INSURANCE REQUIREMENTS
The Feiro shall procure and maintain for the duration of the Service Contract,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Feiro, their
agents, representatives, employees or subcontractors. Failure by the Feiro to maintain
the insurance as required shall constitute a material breach of contract upon which the
City may, after giving five working days notice to the Feiro to correct the breach,
immediately terminate the Service Contract or at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, off set
against funds due the Feiro from the City.
a. Minimum Scope of Insurance
The Feiro shall obtain insurance of the types described below:
Feiro Service Contract, June 2013
i. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, stop gap liability, independent contractors,
products completed operations, personal injury and advertising
injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. There shall be no endorsement or modification of the
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Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City
shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement
CG 20 10 10 01 and Additional Insured Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage.
b. Minimum Amounts of Insurance
The Feiro shall maintain the following insurance limits:
c. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance.
Feiro Service Contract, June 2013
i. Commercial General Liability insurance shall be written with limits
no Tess than $1,000,000 each occurrence, $1,000,000 general
aggregate and a $1,000,000 products completed operations
aggregate limit.
i. The Feiro's insurance coverage shall be primary insurance as
respect to the City. Any insurance, self- insurance, or insurance
pool coverage maintained by the City shall be in excess of the
Feiro's insurance and shall not contribute with it.
ii. The Feiro's insurance shall not be cancelled or reduced as to
coverage by either party, except after forty -five (45) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
d. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
e. Verification of Coverage
The Feiro shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Commercial General Liability insurance of
the Feiro before commencement of the work.
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The relation created by this Contract is that of owner independent contractor.
Neither Feiro nor its employees are employees of the City and are not entitled to the
benefits provided by the City to its employees. Feiro, as an independent contractor, has
the authority to control and direct the performance within the scope of work. Feiro shall
assume full responsibility for payment of all Federal, State, and local taxes or
contributions imposed or required, including, but not limited to, worker's compensation,
unemployment insurance, Social Security, and income tax.
During the performance of this Contract, the parties shall conduct their business
in a manner which assures fair, equal and nondiscriminatory treatment of all persons,
without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin, and, in particular:
2. The parties will comply strictly with all requirements of applicable
federal, state or local laws or regulations issued pursuant thereto, relating
to the establishment of nondiscriminatory requirements in hiring and
employment practices and assuring the service of all patrons and
customers without discrimination with respect to the above stated minority
status.
In the event that any of the provisions of this Contract are violated by Feiro or by
Feiro's subcontractors, the City may serve written notice of intention to terminate such
Contract upon Feiro, which notice shall specify the reasons therefore. Unless within
thirty (30) days after serving such notice upon Feiro such violation shall cease and an
arrangement for the correction thereof satisfactory to the City be made, the Contract
shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event
of any such termination, the City may purchase the materials necessary for complete
performance of this Contract, and Feiro shall be liable to the City for any excess cost
thereby.
Feiro Service Contract, June 2013
ARTICLE VII
INDEPENDENT CONTRACTOR STATUS
ARTICLE VIII
NONDISCRIMINATION
The parties will maintain open hiring and employment practices and
will welcome applications for employment in all positions from qualified
individuals who are members of the above stated minorities.
ARTICLE IX
TERMINATION OF CONTRACT
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ARTICLE XI
WAIVER
Waiver of any breach of any term or condition of this Contract shall not be
deemed a waiver of any prior or subsequent breach, no term or condition of this
Contract shall be held to be waived, modified, or deleted except by a written instrument
signed by the parties hereto.
FEIRO MARINE LIFE CENTER CITY OF PORT ANGELES
By: flt)Mk
I
Title:
Dated: e �f3
ATTEST:
Feiro Service Contract, June 2013
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By:
Director of Public Works nd Utilities
Dated: —1( L n t 3
APPROVED AS FORM:
William Bloor,ify Attorney
ATTEST:
Jare sa Hurd, City Clerk
Scope of Services:
Service Contract Exhibit A
Public Education and Outreach Services
By Feiro Marine Life Center
TASK 1: Grade School Stormwater Education
North Olympic Watershed (NOW) Science is an environmental education program that promotes
locally relevant, systemic experiential learning in the k -12 environment. NOW Science
recognizes that knowledge and commitment built from firsthand experience, especially in the
context of one's community and culture, is essential for achieving environmental stewardship.
Feiro strives to carefully select experiences engendering discovery and wonder, and nurturing a
sense of community to connect students with their watershed, and help reinforce an ethic of
responsible citizenship.
NOW Science provides these opportunities for students of the Sequim, Port Angeles, and
Crescent School District to become involved in local watershed issues by studying the Elwha
Dam removal and restoration process, and Peabody Creek, in their own community.
In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center
will:
Provide a pre -visit to all 4th and 5 grade classrooms in the Port Angeles, Sequim and
Port Angeles schools to outline and introduce watershed concepts.
Create or use existing pre- and post- education evaluation tools or techniques to document
and analyze students' behavior /knowledge change with respect to ocean literacy
concepts, and watershed connections, including prior and post knowledge of stormwater.
Measure the understanding and adoption of the targeted behaviors.
Train staff or volunteer helpers for project.
Cover transportation costs for schools included in project.
Provide a hands -on, inquiry based, classroom, lab, and watershed educational opportunity
for at least 1,000 4 and 5 grade students from Sequim, Port Angeles, Crescent Schools,
and home school groups.
Support groups interested in a spring clean -up of Peabody Creek.
Promote behavior change in issues related to watershed health including, but not limited
to, washing your car at a car wash or on the lawn, picking up after your pets, using lawn
and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a
hazardous waste facility.
TASK 2: Stormwater Education Raingarden Model
Stormwater education will be enhanced using a Raingarden Demonstration Model created in a
fish tank. Demonstration gardens of these types have proven very successful in both the
classroom setting and for public outreach. The following is an excerpt of a sample model and the
lesson:
was constructed of a glass aquarium, divided in half lengthwise with
plexiglass fastened in place with a silicon seal. '/z of the aquarium surface was
capped with more plexiglass and painted black to emulate a road surface. The
other half was planted with typical rain garden plants in a medium of compost
and sand. Appropriate representative drains were fitted on both sides. The
"rains" began and as expected, water came pouring out of the pipe leading from
the catch basin on the road side of the apparatus almost immediately (and with it
the pollution Nothing emerged from the rain garden side. It took two bottles,
almost a gallon of water in total, for a slow trickle of water to emerge from the
pipe draining the rain garden side of the apparatus
This type of model and education program will be developed by Feiro summer interns
and staff for demonstration use by the Feiro and the City.
In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center
will:
Design and build a model to demonstrate the effectiveness of a rain garden both for
classroom use and City public education opportunities
TASK 3: Combined Sewer Overflow (CSO) Education
CSO discharges during heavy storms cause serious water pollution problems in the Port Angeles
Harbor and to its nearshore environment. Pollutants from CSO discharges can include bacteria
and other pathogens, toxic chemicals, and debris. These pollutants have harmful effects on the
marine species living in the nearshore and in the Feiro Marine Life Center. These pollutants are
also harmful to humans and often can cause the closure of beaches and Feiro "touch tanks"
during the busy summer seasons.
Feiro will provide educational opportunities to the general public, and to visitors to Feiro Marine
Life Center, to help people understand the effects of a CSO event and how, when, why and what
cities, and especially the City of Port Angeles, have done, and are doing to remedy the situation.
In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center
will:
Maintain web links to COPA's CSO site
Have COPA CSO handouts available for visitors
Provide general CSO update information to center visitors
Update volunteers and staff regularly on progress of CSO efforts
Design and build a model to demonstrate the CSOs before and after the CSO reduction
project for classroom and public CSO education
Attend and/or make available for other groups the CSO model for demonstration at
festivals and fairs
Promote behavior change in issues related to stormwater awareness including, but not
limited to, washing your car at a car wash or on the lawn, picking up after your pets,
using lawn and garden fertilizers sparingly, and disposing of oils paints and other
chemicals at a hazardous waste facility
Service Contract Exhibit B
Public Education and Outreach Services
By Feiro Marine Life Center
Estimated Costs for Stormwater and CSO Education and Outreach:
Task 1: Grade School Stormwater Education
$3,677.94 program development, instructional material development,
implementation, evaluation and final report
649.06 indirect costs
$4,326.69
Task 2: Stormwater Education Raingarden Model
$150.00 materials for rain garden model, including 2 tanks, pumps
with shower fixture, sand and compost, gravel and plants
$400.00 20 staff hours $20 /hr for model construction
82.50 indirect costs
$632.50
Task 3: Combined Sewer Overflow (CSO) Education
$1,000.00 time and materials for CSO model
$2,000.00 100 staff hours @$20/hr for education/outreach
750.00 30 staff hours @$25 /hr for evaluation/administration
562.50 indirect costs
$4,312.50
Total $9,271.69
Project Schedule: Task 3
Service Contract Exhibit C
Public Education and Outreach Services
By Feiro Marine Life Center
Project Schedule: Task 1
North Olympic Watershed Science 5 Grade implemented and completed June 2013
5 grade evaluation and report to COPA by June 30, 2013
North Olympic Watershed Science 4 grade planning Year 5: September 2013
Schedule 4th grade students for fall 2013 North Olympic Watershed Science
Pre field investigation visits (4 grade): Sept 15 Oct 15, 2013
Class visits to Feiro for field investigations (4 grade): Oct 1 Nov 20, 2013
Fifth year evaluation due to City of PA: November 2013
Project Schedule: Task 2
Rain garden model completed by mid summer for use in the classroom, lecture series and
City community outreach events (Crab Fest, Clallam County Fair, etc.)
Maintain web links to COPA's CSO site on -going
Host lecture on CSO by COPA staff Fall 2013
COPA CSO handouts available for visitors on -going
General CSO update information to center visitors daily
Volunteer and staff updates semi monthly update at volunteer enrichment series
CSO model completed by mid summer in preparation for the Clallam County Fair and
Crab Fest.
Promote behavior change in issues related to stormwater awareness and CSO to all
visitors daily