HomeMy WebLinkAbout000732 Original Contract City of Port Angeles
Record#000732
SERVICE CONTRACT
PUBLIC EDUCATION AND OUTREACH SERVICES
BY FEIRO MARINE LIFE CENTER
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THIS AGREEMENT is made and entered into this day of
2014, between the City of Port Angeles, a Municipal Corporation of the tate 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 11
SERVICES
Feiro agrees to provide all labor, equipment, supplies and materials to provide
public education and outreach on stormwater and CSO 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 $6,700.00. No claims for additional compensation exist without written
amendment to this Contract. Invoices on this amount may be submitted once per
month, and will be paid on the percentage of Contract completion.
ARTICLE IV
TERM
This Contract shall become effective upon execution by both parties, and
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Feiro Service Contract,March 2014
continue to December 31, 2014, 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 V1
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:
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
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Feiro Service Contract,March 2014
03 11 85. There shall be no endorsement or modification of the
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:
i. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $1,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance.
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.
H. 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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Feiro Service Contract,March 2014
ARTICLE V11
INDEPENDENT CONTRACTOR STATUS
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 of the details of the services to be
provided. 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.
ARTICLE Vill
NONDISCRIMINATION
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:
1 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.
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.
ARTICLE IX
TERMINATION OF CONTRACT
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.
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Feiro Service Contract,March 2014
ARTICLE X
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: x`1 '1 oth c By:
Eerector of lic Works and Utilities
Title: Dated:
Dated:
ATTEST: APPR vED AS TO F7
William gloor, City Attorney
ATTEST:
al Li L�d�
Jae sa Hurd, City Clerk
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Feiro Service Contract,March 2014
Service Contract Exhibit A
Public Education and Outreach Services
By Feiro Marine Life Center
Scope of Services:
TASK 1. 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(North Olympic Watershed) 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'h grade classrooms in the Port Angeles, Sequim and
Crescent 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.
• 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 4th and 5h 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
• Promote key CSO awareness:
• CSOs occur because combined sewer pipelines and treatment plant have a limited
capacity, and intense rain storms cause flows that exceed system capacity
• CSO Reduction projects(construction scheduled from 2012 through 2015)
increase system capacity through increased pipe sizes, a 5 million gallon storage
tank, a new pump station, and treatment plant modifications.
• Once the new system is operational CSO discharges will be reduced to less than
one discharge per year, per outfall on average. Pollution to Port Angeles Harbor
will be greatly reduced.
• To further reduce CSOs, surface water flow entering the sanitary sewer will
continue to be disconnected through downspout disconnections, infiltration
reduction, and inlet disconnections.
and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a
hazardous waste facility.
TASK 2. Continue use of model rain garden demonstration and build a new model for use in
classrooms and at public outreach events.
In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center
will:
• Update and repair the current rain garden model in preparation for the busy spring and
summer education season. Including replacing media with new bioretention mix
consisting of garden glory and sand to meet Ecology spec.
• Make both models available for use by Strait ECO Net members for educational outreach
events.
• Provide visitors to Feiro with rain garden information upon request.
• Build a new model to illustrate the difference between traditional pavement and
permeable pavement. Materials include a tank, pump, shower fixture, and gravel.
Pavement samples will be provided by the City.
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 continue to 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
• Include stormwater/CSO discussion in NOW science 5h grade
• Present CSO model to local social service organizations as requested
• Update volunteers and staff on progress of CSO efforts
• Provide general CSO update information to center visitors upon request
• Attend and/or make available for other groups the CSO model for demonstration at
festivals and fairs
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: Stormwater Education - NOW
$3,700.00 program development, instructional material development,
implementation, evaluation and final report
$ 600.00 indirect costs
$4,300.00
Task 2: Low Impact Development Education Models
$600.00 Repair and update rain garden model and build permeable
pavement model (time and materials)
$ 100.00 indirect costs
$700.00
Task 3: CSO Education
$1,430.00 65 staff hours @ $22/hr for education/outreach
$ 270.00 indirect costs
$1,700.00
Total $6,700.00
Service Contract Exhibit C
Public Education and Outreach Services
By Feiro Marine Life Center
Project Schedule: Task 1
• North Olympic Watershed Science 5th Grade implemented and completed May- June
2014
• 5th grade evaluation and report to COPA by June 30, 2014
• North Olympic Watershed Science e grade planning— Year 5: September 2014
• Schedule 4th grade students for fall 2014 North Olympic Watershed Science
• Pre field investigation visits (4h grade): Sept 15 —Oct 15, 2014
• Class visits to Feiro for field investigations (4"'grade): Oct I —Nov 20, 2014
• Fifth year evaluation due to City of PA: November 2014
• Promote behavior change in issues related to stormwater awareness to all visitors - daily
Project Schedule: Task 2
• Rain garden model repaired by mid spring for use in the classroom, lecture series and
community outreach events(Crab Fest, Clallam County Fair, etc.). Permeable pavement
model built by July 1, 2014 for use at Clallam County Fair.
•
Project Schedule: Task 3
• Maintain web links to COPA's CSO site— on-going
• COPA CSO handouts available for visitors—on-going
• General CSO update information to center visitors - daily
• Volunteer and staff updates—at volunteer enrichment series
• CSO model available for Strait ECO Net members —on-going
• Promote key CSO awareness to all visitors - daily