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HomeMy WebLinkAbout000959 Original Contract City of Port Angeles Record # 000959 SERVICE CONTRACT PUBLIC EDUCATION AND OUTREACH SERVICES BY FEIRO MARINE LIFE CENTER THIS AGREEMENT is made and entered into 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 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 as outlined in Exhibit A. ARTICLE 111 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 $5,000.00. 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 and binding on the date of the last signature affixed below, and continue to July 31, 2016, at which date the Agreement will terminate. Page 1 of 5 Feiro Service Contract,August 2015 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 this 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 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from oxploslon, collapse or underground property damage. The City Page 2 of 5 Feiro Service Contract,August 2015 , 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. ii. Feiro shall give the City written notice of policy cancelation within two (2) days of receipt of such cancellation. 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. ARTICLE VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner-independent contractor. Page 3 of 5 Feiro Service Contract,August 2015 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 Vlll 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. 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 Page 4 of 5 Feiro Service Contract,August 2015 signed by the parties hereto. FEI ® MARINE LIFE CENTER CITY OF PORT ANGELES Y Y erect is orks and Utilities Title:. 5(ectc h o-C Oyu c-�° L/t Dated: t� Avg, ;o Dated: �� � ATTEST: APP VED AS TO F R,M: William Bloor, City Attorney ATTEST: (J ` Page 5 of 5 Feiro Service Contract,August 2015 Service Contract Exhibit A Public Education and Outreach Services By Feiro Marine Life Center Scope of Services: TASK 1.Stormwater Education:The City of Port Angeles is required by a NPDES Phase fl Municipal Stormwater Permit to provide education and outreach designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Deliverables rendered to the City of Port Angeles under this TASK include: I. Education & Public Outreach - Upon the receipt of funding, Feiro will provide education services to students residing in the city of Port Angeles in both in-school and out-of-school time through the North Olympic Watershed (NOW) Science and environmental education program. - Upon the receipt of funding, Feiro will provide public outreach to residents of Port Angeles on topics relevant to the City's interests and germane to our mission. Examples include: harbor clean-up, shoreline master program, NPDES stormwater permit, public access, critical areas protection, etc. - Feiro will participate in optional tasks as requested, conditional upon the receipt of grants and contracts. - On relevant program materials Feiro will acknowledge the City of Port Angeles in Feiro funding attribution. Feiro will update and repair the current rain garden model in preparation for use in education and outreach opportunities. This includes cleaning, relaying substrate, new plants and repair of circulation piping. - Feiro will make both the rain garden and pervious pavement models available for use by Strait ECO Net members for educational outreach events. - Felro will provide visitors with rain garden information upon request. Measures and Reports Feiro will provide the City of Port Angeles a quarterly summary of progress in conjunction with an invoice for services rendered based on actually percent completion of the contract tasks. All measures are dependent on the receipts of grants and contracts to provide the full amount of funding for activities to take place. Quarterly Measures: I. Education & Public Outreach o Number of students served who are residents of Port Angeles and/or attend Port Angeles schools o Hours of education provided on aligned content o For stormwater education services, evidence of change in knowledge, skills or attitudes specific to targeted NPDES permit behaviors I i Service Contract Exhibit B Public Education Services for Stormwater Education By Feiro Marine Life Center Task 1: Stormwater Education $5000.00 includes staff salary and fringe benefits for 2 instructors, program implementation with Port Angeles schools, content training for instructors, evaluation of behaviors related to pet waste, etc., reporting in alignment with NPDES Permit and materials to refresh rain garden model. Total $5000.00 Service Contract Exhibit C Public Education and Outreach Services By reiro Marine Life Center Project Schedule: Task 1 • North Olympic Watershed Science 5th Grade program implemented and completed May- June 2016 • North Olympic Watershed Science 4th grade planning, including developing questions for measuring behavior change : September 2015 • Schedule 4th grade students for fall 2015 North Olympic Watershed Science and complete program • Evaluation due to City of PA: November 2015 • Promote behavior change in issues related to stormwater awareness to all visitors - daily • Rain garden model repaired by beginning of summer for use in the classroom, lecture series and community outreach events (Crab Fest, Clallam County Fair, etc.).