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HomeMy WebLinkAbout4.642 Original ContractCONTRACT FOR TOURIST PROMOTION BETWEEN CITY OF PORT ANGELES AND FEIRO MARINE LIFE CENTER THIS -CONTRACT is entered into this . day of , 2010, 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, a Washington non - profit corporation, hereinafter referred to as "Feiro." NOW, THEREFORE, in consideration of the above representations and the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. It is in the public interest for hotel /motel tax funds to be expended for tourist promotion services in the City of Port Angeles. 2. Pursuant to RCW 67.28.1815, the City of Port Angeles is authorized to expend special excise tax funds for "paying all or any part of the cost of tourism promotion" and "tourism - related facilities" which are defined in RCW 67.28.080 to mean activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise developing strategies to expand tourism, operating tourism promotion agencies, funding of special events designed to attract tourist and acquisition of tourism related facilities. 3. Services. The City desires to contract with Feiro for tourist promotion services. For the benefit of the City, Feiro will provide a hands -on model and corresponding backdrop of the Elwha River and Glines Canyon, and assist in installing the same at the Marine Life Center located at the City Pier. DESCRIPTION OF PROJECT a. Unleashing the Elwha is to be a free- standing, permanent, hands -on model to be used as a teaching tool and exhibit to help explain the process of the removal of the dams on the Elwha River, the riverine processes which will accompany the dam removal, the importance of the restoration work, and the effect the dam removal will have on the entire ecosystem, especially that of the near shore marine environment. The model will be available for use by all visitors to the center. The backdrop to the model will be a painting depicting the area surrounding the dams. The project is intended to expand tourism by providing a hands -on opportunity for visitors to learn about the greatest scientific experiment of the era. TASKS b. Increase awareness of the Olympic National Park and other places to visit while in the area by developing displays and programs relating to the dam removal project. c. Provide an attraction for visitors to see while visiting Port Angeles. d. Improve Port Angeles as a destination in that the Elwha River /Glines Canyon model is a one of a kind display which is not replicated at any other marine science center. Visitors will be attracted to see this exhibit and continue their exploration of the Olympic National Park and all of the Peninsula. e. Feiro staff and volunteers will collaborate marketing and programs with other businesses in the area to help build a strong identity to promote the area as an attraction to visitors. 4. Duration of Contract. The performance of Feiro will commence upon execution of this Contract. Installation of the display to be completed by 5. Compensation and Method of Payment. The City shall pay to Feiro, reimbursement for amounts up to $13,000 that Feiro expends to promote and complete the project as outlined in this Contract. Payments shall be made within 30 days after Feiro presents detailed invoices to the City. 6. Independent Contractor Status. The relationship created by this Contract is that of independent contracting entities. Feiro is not an employee of the City and is not entitled to the benefits provided by the City to its employees. Feiro, as an independent contractor, has the authority -2- 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 and/or licensing fees. 7. Hold Harmless and Insurance. Feiro shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying the services in connection with the performance of this Contract. Feiro shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 8. Breach. • • In the event of either party's material breach of the terms or conditions of this Contract, the non - breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to, and not in lieu of, the parties' right to terminate this Contract or any other right which State law offers for breach of contract. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least -3- twenty days written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 9. Non - Discrimination. Feiro shall conduct its business in a manner which assures fair, equal and non - discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: • 10. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES FEIRO MARINE LIFE CE N 'ER bent Myers, Ci anager Feiro shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and Feiro shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non - discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. B 114 ATTEST: ATTEST: AP ' OVED AS TO FORM: it iam sa Hurd, City Clerk o By: Sek ity Attomey G:\ LEGAL\AGREEMENTS &CONTRACTS\2010 Agrmts &Contracts\FeiroMarineLabTourist. 02.04.10.wpd