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Home My WebLink About000886 Original Contract City of Port Angeles Record #000886 PLANNING SERVICES CONTRACT between CITY OF PORT ANGELES and FEIRO MARINE LIFE CENTER This contract is entered into by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as City), and Feiro Marine Life Center (hereinafter referred to as Contractor). In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. Purpose. The City has interest in conducting a new process to collect public comment and opinion regarding the Waterfront Development project. Contractor is conducting a public process for improvements to its facility on City Pier. Contractor has conducted an RFP and selected their preferred firm for conducting the public process. It is the City's best interest to partner with Feiro Marine Life Center so that public process can be performed without duplication. The RFP included public input on Phase 3 of the Waterfront Project located at City Pier Park in the scope of work. 2. Scope of Work. A. Objectives. Contractor shall design a public process to collect public comment that is sufficient to address the following objectives. • Providing optimal public access and views to the Harbor • Ensure adequate protection, functionality, and maintenance of park assets • Connecting the waterfront to the core downtown area • Supporting a variety of multi-scaled and seasonal activities • Welcoming visitors arriving on the ferries from Victoria, BC, Canada • Relying on sustainable land practices to protect and enhance natural environmental systems • Encouraging economic development opportunities via commercial access to the south portion of Railroad Avenue and the downtown area t • Complying with federal, state, and local regulations including Washington's Shoreline Management Act, the City's Shoreline Master Program and Archeological requirements(3) B. Tasks. Contractor agrees to perform these tasks: Task 1: Identification of stakeholders & interviews The Agencies will provide guidance and direction to the Consultant and review project goals and objectives. Consultant will facilitate meetings to be held as needed. This will include a kick-off meeting with the Agencies and Consultant at the onset of the study to discuss the issues and needs of the study area, identify stakeholders, coordinate data collection, and discuss project schedule and milestones. Deliverables: List of stakeholders and transcriptions of interviews Task 2: Community studio The open studio would be accessible to members of the public to attend and provide comments and ideas during the design process. Issues anticipated to be subjects of the community studio and stakeholder interviews include, but are not limited to, parking, public access, environmental constraints, operations and maintenance, community events and festivals, existing uses to preserve. Deliverables: Data from public comments Task 3: Master Plan write up and visualization The master plan for City Pier will integrate stakeholder interviews, public feedback, overall Downtown Waterfront Development goals, and requirements as known for the joint visitor center. Deliverables: Summary memo and City Pier visualization (above view and at least 2 face on sketches) In performing services under this Contract, the Contractor shall perform in accordance with generally accepted professional practices. 3. Duration of Contract. The parties intend that this contract shall be effective from and after the last date affixed in the signature blocks below, and shall terminate upon completion of the services to be provided by the Contractor. 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. 2 3. Compensation & Payment. Total compensation for this service is $10,000.00. Contractor shall submit invoice to the City and the City will pay the invoice within 30 days of receipt. 4. 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. 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. 5. Assignment. Contractor shall not assign or delegate any of the work covered by this Contract without the express written consent of the City; provided, however, the Contractor is not required to obtain prior written consent from the City to utilize the Consultant chosen by the RFP process to assist in completion of Contractor's tasks. 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. 6. 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. II 3 II 7. 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. Both the City and the Contractor 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 such use shall be limited to the particular site and project for which the Information is provided. 8. 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 to be effective as of the date and year indicated below. Date: l , 2016 Date: qhs 2016 CITY OF PORT ANGELES CONTRACTOR: FEIRO MARINE LIFE CENTER By By Dan McKeen, City Manager of q 1CGir c ATTEST: APPR VED AS TO FOR: 4kmgo nnifer Veneklasen, City Clerk William E. Bloor, City Attorney 4 k r: