HomeMy WebLinkAbout5.900 Original Contract
5.Cf[)D
AGREEMENT
FOR ARCHAEOLOGICAL SERVICES
This Agreement is made and entered into this J ~ day of ~008 by and between the
City of Port Angeles, Washington (hereinafter referred to as "City"), and First Step Family Support,
a not - for-profit corporation organized under the laws of the State of Washington (hereinafter referred
to as "Corporation").
For and in consideration of the mutual benefits to be derived herefrom and the performances
to be rendered, the Parties hereby recite, covenant, and agree as follows:
Recitals:
A. The Corporation is the owner and entitled to possession of certain property located
at 323 E. Sixth Street, Port Angeles, W A. The property is located within the
corporate boundaries ofthe City or its UGA.
B. The Corporation is a non-profit corporation that receives more than one-half of its
funding from state, federal, or local government agencies. It in all respects meets the
criteria established by the City for the provision of archaeological services for mutual
benefit.
C. The City has an interest in obtaining archaeological data from or about the property
in order to fulfill its obligations regarding federal or state cultural resources
compliance laws.
Agreements:
A. The Corporation hereby grants to the City the right to allow the City's Archaeologist
to conduct such tests, surveys, and investigations as the Archaeologist, in his
professional opinion and discretion, deems necessary and appropriate to collect data
that will be beneficial both for the City's archaeological database and for federal and
state cultural resources compliance on behalf of the Corporation.
B. The City Archaeologist will perform background research, conduct tribal
consultation, develop a research design, perform a field study of the property, and
produce a cultural resources compliance report that meets the requirements of the
Department of Archaeology and Historic Preservation (DAHP). Completion of the
cultural resources inventory by the City does not automatically assume completion
of the Section 106 compliance and the City shall not be responsible for obtaining
concurrence from DAHP beyond providing the above-described Cultural Resources
Inventory services to the Corporation.
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C. Ifthe initial investigation performed by the Archaeologist indicates reasonable cause
for further investigation, testing, surveying, or additional work, the City shall notify
the Corporation. At the point, the City and the Corporation may agree that additional
archaeological study work or investigation may be performed at the property. If the
Parties do so agree, additional data developed as a result of the further investigation
shall remain the property ofthe City and shall be made available to the Corporation,
provided that the Corporation pay an additional amount to be negotiated by the
Parties as consideration for the expanded scope of work.
D. All data collected will be the property of the City.
E. The City will make available to the Corporation all of the data obtained about the
property by the Archaeologist through the initial survey, testing, and investigation of
the property.
F. The Corporation will pay to the City for the Archaeologist's initial data the sum of
$1,004.44. Please see the attached budget.
G. Term. This Agreement shall commence on the day and year executed, hereinabove
written, and continue until September 26, 2008, provided that the indemnities
contained in Section I., below, shall survive the termination ofthis agreement.
H. Employment. The City Archaeologist shall at all times remain the employee of the
City and shall not be under the control or direction of the Corporation.
I. No Warranty; Indemnity. The Corporation understands and acknowledges that the
City does not make any representation of warranty about the accuracy or
completeness of the data to be collected by the Archaeologist, or the fitness or
appropriateness of the data for any particular purpose. The Corporation agrees to
defend, indemnify, and hold the City and its officers and employees harmless from
any and all claims, injuries, losses, damages, lawsuits, including attorneys fees,
arising out of or resulting from the Archaeologist's activity on the property, or any
data recorded or developed by the Archaeologist.
J. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter herein and supercedes all prior agreements
and negotiations between the Parties. There are no other agreements, written or oral,
that relate to the subject matter hereof.
K. Relationship of the Parties. This Agreement is not intended to and shall not be
construed as creating between the Parties any legal relationship other than as
expressed in this Agreement. Neither Party shall have authority to bind the other or
to control the employees of the other.
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L. Applicable Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington. In the event of any dispute, the venue of
any action brought hereunder shall be in Clallam County, Washington.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed the day
and year first hereinabove written.
CITY OF PORT ANGELES
CORPORATION
First Step F;jly SJ'uPP2?
By: I/~
Title: 4~ ~
?!bt:1.ll{JvJ2<o '
Mar E. Madsen
City Manager
ATTEST:
.tke~a~^-
Becky J. n, ity Cler
A~
By: ~ jo;rfiv
Secretary
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APPROVED AS TO FORM:
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William E. Bloor, City Attorney
G ILegal_BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslArchaeolog.cal ServIces First Step Famtly Support 071708 wpd
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Budget for First Step Family Support Center, Clallam County, WA
City of Port Angeles Department of Community and Economic Development, City Archaeologist
Task
Project Administration
Background Research
Archaeological Fieldwork
GIS Mapping
DAHP Form Entry (Access Database)
Report Production
- - - ~ -------,--~ -----~ , ---~------------.----,
Row Total
-~~~--- ~-- -~ ------_._~~_. ~~~~~---,
$53 84
$53 84
$53.84
$73.84
$53.84
$53 84
Hours Rate
----- -------------- ~-------_._-- ------------~~----
4
2
2
2
2
4
16
$215.36
$10768
$10768
$147 68
$10768
$215.36
$901.44
Hourly Total
iDirectCosts-'. - ....--..-< ....--N.umber-.. 'Rate
----- -----~.~-~-~---~-----~-~----------~~-_.~~------- ----
Photocopies 50
Laser Print (Black and White) 75
Laser Print (Color) 25
Digital Photographs 30
GPS Dally Rate 1
Postage 1
Direct Total
. ~~.~~~=-_=.~_~~B~~~of~I~~=':'::'-~~' -=_-._~.~=~:]
$0 05 $2 50
$010 $750
$1 00 $2500
$010 $3.00
$50 00 $50 00
$1500 $1500
$103.00
1 -------------~---- ^----~- - ---- ------- -------
. Combined Total
-- ---- --- w -- - -- -:l
. _..._. __ .. $1,QQ4A4J
Hourly Rates are for City Archaeologist, GIS Rate is for City Archaeologist plus $20.00 hourly for GIS software user fee
'rates are valid 90 days from date of signature