HomeMy WebLinkAbout000809 Original Contract City of Port Angeles
Record # 000809
PROFESSIONAL SERVICES CONTRACT
between
CITY OF PORT ANGELES
and the
Law Office of Thomas M. Pors
This contract is entered into on this,2L day of , 2014, between the City of Port Angeles,
a municipal corporation of the State of Washin on (hereinafter referred to as "City"), and the
Law Office of Thomas M. Pors, (hereinafter referred to as "Contractor").
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. Purpose and Scope of Services.
The City requires the legal expertise and experience which Contractor is able to provide as
outlined in the Scope of Work attached as Exhibit A and desires to engage the professional
services and assistance of a qualified person or firm to perform the scope of work as described.
The Contractor shall complete and perform all work and complete all other performances
necessary to accomplish the intent of this Contract.
In performing services under this Contract, the Contractor shall perform in accordance with
generally accepted professional practices.
2. Duration of Contract.
The term of this contract shall begin upon signature by both parties hereto and shall terminate
upon completion of the work as outlined in the Scope of Work.
Either party, upon ten(10) days' notice to the other party, may terminate this Contract in whole
or in part when either party deems it to be in their best interest. In such event, Contractor shall
be compensated and the City shall be liable only for payment of services already rendered under
this Contract prior to effective date of termination.
3. Compensation&Payment.
a. Compensation. Contractor shall be entitled to compensation based on hours
actually devoted to performance of this Agreement in accordance with Exhibit B
or up to$15,050.00.
b. PPg= . Contractor shall submit invoices to the City monthly or at the end of a
specified task, with documentation supporting and detailing work performed on
behalf of the City. The City shall review Contractor's invoices and pay the
invoice within 30 days of receipt.
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If the City objects to all or any portion of any invoice, it shall notify Contractor of
the same within ten (10) days from the date of receipt of said invoice and shall
pay that portion of the invoice not in dispute. The parties shall immediately make
every effort to settle the dispute and the disputed portion of the invoice.
4. Expenses.
Expenses incurred by the Contractor on behalf of the City in the course of performance of this
Contract by the Contractor must be approved by the City in advance. Reimbursement for travel
expenses will be limited to the terms and amounts the City pays for travel reimbursement to its
employees. Expenses shall be itemized on invoices submitted by Contractor to the City.
To the extent necessary and appropriate to the work assigned to the Contractor, City shall
provide, at its expense, access to City files and documents necessary to accomplish the work
assigned to the Contractor.
5. Relationship of Parties.
Contractor shall act as an independent contractor and not as an employee, agent, or officer of the
City. The Contractor shall not be authorized to bind the City to any position, contract, or
agreement. Contractor shall assume full responsibility of all federal, state, and local taxes and
contributions imposed or required, including, but not limited to, unemployment insurance, Social
Security, and income tax withholding and shall not be entitled to the benefits provided by the
City to its employees.
6. Assignment.
Contractor shall not assign or delegate any of the work covered by this Contract without the
express written consent of the City. The City shall not assign this Agreement or any portion
thereof to any other person or entity without the express written consent of the Contractor.
Nothing contained in this Contract shall be construed to create a right in any third party
whomsoever,and nothing herein shall inure to the benefit of any third party.
There are no third party beneficiaries of this Contract entitled to rely on any work performed or
reports prepared by Contractor hereunder for any purpose. The City shall indemnify and hold
Contractor harmless against any liability for any loss arising out of or relating to reliance by any
third party on any work performed or reports issued hereunder.
Contractor will not direct, supervise, or lay out the health and safety measures of the City,
Contractor, or any Subcontractor.
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7. Hold Harmless and Indemnification.
The Contractor shall defend, indemnify and hold harmless the City, and its respective officers,
officials, employees, deputies, and agents from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and
attorneys fees in the defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of Contractor's and its respective
employees, agents, volunteers, and/or subcontractors, negligent acts, errors or omissions in
providing services under the terms of the contract. Provided, however, that the Contractor's
obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising
out of the sole negligence of the City, its officers, officials, employees, deputies, and/or agents.
Provided further, that in the event of concurrent negligence of both parties, the Contractor's
obligations hereunder shall apply only to the percentage of fault attributable to the Contractor, its
employees, agents,volunteers,and/or subcontractors.
8. Ownership of Data and Documents.
All writings, programs, data, public records or other materials prepared by the Contractor and/or
its Contractors or subcontractors, in connection with the performance of this agreement shall be
the sole and absolute property of the City and constitute "work made for hire" as that phrase is
used in federal and/or state intellectual property laws.
City shall have the right to the use of all data, recommendations, proposals, reports, design
criteria, and similar information provided to it by Contractor ("Information" herein); provided,
however, that the information shall not be used or relied upon by any party other than the City,
save and except as may be required by the design and licensing requirements of the project for
which the Information is provided or action of the courts;further, such use shall be limited to the
particular site and project for which the Information is provided.
9. Waiver.
No officer, employee, agent or otherwise of the City has the power, right, or authority to waive
any of the conditions or provisions of this contract. No waiver of any breach of this contract
shall be held to be a waiver of any other or subsequent breach. All remedies afforded to in this
contract or at law shall be taken and construed as cumulative, that is, in addition to every other
remedy provided herein or by law. Failure of the City to enforce at any time any of the
provisions of this contract or to require at any time performance of any provision of the contract
herein shall in no way be construed to be a waiver of such provision, or in any way affect the
validity of this contract or any part thereof, or the right of the City to hereinafter enforce each
and every such provision
IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year
indicated below.
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Date: Ci l i � � Date: ��'
CITY OF PORT ANGELES CONTRACTOR: Law Office of Thomas M.
Pors
By BY
homas M.Pors
ATTEST: APP OVED AS TO FORM:
Jennifer Veneklasen,City Clerk William E. Bloor, City Attorney
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LAW OFFICE OF THOMAS M. PORS
MEMORANDUM
TO: William Bloor,City Attorney,City of Port Angeles
FROM: Thomas M. Pors
SUBJECT: Scope of Work and Budget for Water Right Permit Extension
DATE: September 2,2014
You asked me to provide a scope of work and budget for obtaining an extension
to the completion of construction and beneficial use deadlines for the COPA Ranney
Well Permit,G2-21950P. The current deadline for completion of construction of a new
Ranney Well is July 1, 2015, and the deadline for putting water to beneficial use is July 1,
2020. The primary reason for extending the construction completion deadline is the
Elwha River restoration project and the uncertainty of river channel migration that could
create the need for an additional Ranney well. The primary reason for extending the
beneficial use deadline is COPA's need for additional time to fully develop the water
right,including service of growth in COPA's current and future water service areas
beyond the current deadline(2020) and the current plan horizon(2029).
SCOPE OF WORK
1. Review and select existing documents to support the extension request,
including:
a. Reasons for extension—(1)the status of Elwha River restoration project,
sediment transport,and potential for additional channel migration;and(2)
ongoing investigation of impacts of Elwha River restoration project on
existing Ranney well,including existing reports and photographs.
b. Due diligence efforts—COPA efforts since April 2007(issue date of
superseding permit)to construct municipal water diversion,treatment and
other facilities.
c. COPA's proposed new development schedule.
2. Assist COPA with preparation of new documentary support for extension
requests,including,to the extent needed:
a. Additional reports,maps,and diagrams showing status of Elwha River
restoration project, sediment transport,channel migration, and status of
Ranney well.
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Exhibit "A"
LAW OFFICE OF THOMAS M. FORS
b. [Optional, but strongly recommended] Advise and assist COPA with
updated and extended population projections and water demand
projections for the existing and future service areas, in order to request an
extended beneficial use development schedule. The 2009 water system
comprehensive plan only projects future water demands to the year 2029.
Updated population and water demand projections should be prepared for
the 20-year and 40-or 50-year growth projections,which would allow
Ecology to grant an extension of the beneficial use deadline from 2020 to
2055 or 2065.
3. Draft Extension Request. Draft request letter addressed to Ecology-SWRO
advocating approval of extensions, containing textual descriptions and arguments
of the four elements of extension decisions: (1)reason for extension; (2)
demonstration of due diligence to construct facilities and put water to beneficial
use;(3)proposed extension schedule; and(4)consistency with the public interest.
Draft request to be submitted to COPA staff for review and approval.
4. File Extension Request with Ecology-SWRO and follow up regarding questions
and additional information requests, if any.
BUDGET
Task Projected hours and budget
la-e. Document review 6 to 10 hours ($2100 to $3500)
2.a. Document prep—Elwha project 6 to 10 hours ($2100 to $3500)
2.b. Document prep--Updated projections 3 to 5 hours ($1050 to $1750)
3. Draft extension request 5 to 8 hours ($1750 to $2800)
4. File request and follow-up with Ecology 5 to 10 hours($1750 to$3500)
Total 25 to 43 hours($8750 to$15050)
These budget figures are only estimates based on my experience with similar projects. In
my experience,more thoroughly prepared and documented extension requests generate
fewer questions and opposition, and are more easily approved by Ecology. Less prepared
and documented requests can become more time-consuming and expensive due to
additional correspondence and meetings following submittal,additional documentation
and drafting of responses, and the cost of appeals.
I am available to start this project upon authorization. Please call me if you have any
questions.
Tom Pors,(206) 357-8570.
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