HomeMy WebLinkAbout5.1117 Original ContractSERVICE CONTRACT
PUBLIC EDUCATION AND OUTREACH SERVICES
BY FEIRO MARINE LIFE CENTER
THIS AGREEMENT is made and entered into this 1/ day of
2011, between the City of Port Angeles, a Municipal Corporation of Stat��� e c
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:
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.
Feiro Service Contract, January 2011
ARTICLE I
CONTRACT DOCUMENTS
ARTICLE II
SERVICES
ARTICLE III
CONTRACT PRICE
ARTICLE IV
TERM
Page 1 of 5
Feiro agrees to provide all labor, equipment, supplies and materials to provide
public education and outreach on stormwater as outlined in Exhibit A.
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 $3,933.63. 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.
This Contract shall become effective upon execution by both parties, and
continue to December 31, 2011, at which date the Agreement will terminate.
S. RIV7
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 the 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
Feiro Service Contract, January 2011
Page 2 of 5
explosion, collapse or underground property damage. The City
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. The Feiro's insurance shall not be cancelled or reduced as to
coverage by either party, except after forty -five (45) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
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.
Feiro Service Contract, January 2011
Page 3 of 5
ARTICLE VII
INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner independent contractor.
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.
1.
Feiro Service Contract, January 2011
ARTICLE VIII
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:
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.
Page 4 of 5
If any term or condition of this Contract or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions,
or applications which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Contract are declared
severable.
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
signed by the parties hereto.
FEIRO MARINE LIFE CENTER
By: dJt'k iiv f
Title: ,r t, Tgd-a r
Dated: 1
ATTEST:
Feiro Service Contract, January 2011
ARTICLE X
SEVERABILITY
ARTICLE XI
WAIVER
By
a
Page 5 of 5
CITY OF PORT ANGELES
Dated:
C-, kriAA C4-t
Director of Public Works and Utilities
APP i OVED AS TO FORM:
William moor, City Attorney
ATTEST:
sa Hurd, City Clerk
Scope of Services:
Service Contract Exhibit A
Feiro Marine Life Center will:
Public Education and Outreach Services
By Feiro Marine Life Center
North Olympic Watershed (NOW) Science, a program of Feiro Marine Life Center, is an
environmental education program that promotes locally relevant, systemic experiential learning
in the k -12 environment.
NOW Science recognizes that knowledge and commitment built from firsthand experience,
especially in the context of one's community and culture, is essential for achieving
environmental stewardship. Feiro strives to carefully select experiences engendering discovery
and wonder, and nurturing a sense of community to connect students with their watershed, and
help reinforce an ethic of responsible citizenship.
NOW (North Olympic Watershed) Science provides these opportunities for students of the
Sequim, Port Angeles, and Crescent School District to become involved in local watershed
issues by studying the Elwha Dam removal and restoration process, and Peabody Creek, in their
own community.
Provide a pre -visit to all 4 and 5 grade classrooms in the Port Angeles schools to
outline and introduce watershed concepts.
Create or use existing pre- and post- education evaluation tools or techniques to document
and analyze students' behavior/knowledge change with respect to ocean literacy
concepts, and watershed connections.
Train staff or volunteer helpers for project.
Cover transportation costs for schools included in project.
Provide a hands -on, inquir' based, classroom, lab, and watershed educational opportunity
for at least 1,000 4 and 5 grade students from Port Angeles and Port Angeles home
school groups.
Support groups interested in a spring clean -up of Peabody Creek.
Promote behavior change in issues related to watershed health including, but not limited
to, washing your car at a car wash or on the lawn, picking up after your pets, using lawn
and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a
hazardous waste facility.
Agreed Pricing:
$3,933.63
Service Contract Exhibit B
Public Education and Outreach Services
By Feiro Marine Life Center
638.83 student transportation
$3,294.80 educator costs approx 180 hours includes program
development, instructional material development, implementation and evaluation
Service Contract Exhibit C
Public Education and Outreach Services
By Feiro Marine Life Center
Project Schedule:
Schedule all 5th grade and all 4t1 grade students for visits by May of 2011
Visit to classrooms: By May 2011
Classes to Feiro: By May 2011
Second year NOW Science Complete: June 15, 2011
Second year Evaluation Due: September 2011