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HomeMy WebLinkAbout000732 Original Contract City of Port Angeles Record#000732 SERVICE CONTRACT PUBLIC EDUCATION AND OUTREACH SERVICES BY FEIRO MARINE LIFE CENTER 0�kl THIS AGREEMENT is made and entered into this day of 2014, between the City of Port Angeles, a Municipal Corporation of the tate 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 I 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 and CSO as outlined in Exhibit A. ARTICLE III 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 $6,700.00. 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 upon execution by both parties, and Page I of 5 Feiro Service Contract,March 2014 continue to December 31, 2014, at which date the Agreement will terminate. 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 V1 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 Page 2 of 5 Feiro Service Contract,March 2014 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from 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. H. 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. Page 3 of 5 Feiro Service Contract,March 2014 ARTICLE V11 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. ARTICLE Vill 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. Page 4 of 5 Feiro Service Contract,March 2014 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 signed by the parties hereto. FEIRO, MARINE LIFE CENTER CITY OF PORT ANGELES By: x`1 '1 oth c By: Eerector of lic Works and Utilities Title: Dated: Dated: ATTEST: APPR vED AS TO F7 William gloor, City Attorney ATTEST: al Li L�d� Jae sa Hurd, City Clerk Page 5 of 5 Feiro Service Contract,March 2014 Service Contract Exhibit A Public Education and Outreach Services By Feiro Marine Life Center Scope of Services: TASK 1. Stormwater Education: North Olympic Watershed (NOW) Science 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. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: • Provide a pre-visit to all 4th and 5'h grade classrooms in the Port Angeles, Sequim and Crescent 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, including prior and post knowledge of stormwater. • Train staff or volunteer helpers for project. • Cover transportation costs for schools included in project. • Provide a hands-on, inquiry based, classroom, lab, and watershed educational opportunity for at least 1,000 4th and 5h grade students from Sequim, Port Angeles, Crescent Schools, and 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 • Promote key CSO awareness: • CSOs occur because combined sewer pipelines and treatment plant have a limited capacity, and intense rain storms cause flows that exceed system capacity • CSO Reduction projects(construction scheduled from 2012 through 2015) increase system capacity through increased pipe sizes, a 5 million gallon storage tank, a new pump station, and treatment plant modifications. • Once the new system is operational CSO discharges will be reduced to less than one discharge per year, per outfall on average. Pollution to Port Angeles Harbor will be greatly reduced. • To further reduce CSOs, surface water flow entering the sanitary sewer will continue to be disconnected through downspout disconnections, infiltration reduction, and inlet disconnections. and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a hazardous waste facility. TASK 2. Continue use of model rain garden demonstration and build a new model for use in classrooms and at public outreach events. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: • Update and repair the current rain garden model in preparation for the busy spring and summer education season. Including replacing media with new bioretention mix consisting of garden glory and sand to meet Ecology spec. • Make both models available for use by Strait ECO Net members for educational outreach events. • Provide visitors to Feiro with rain garden information upon request. • Build a new model to illustrate the difference between traditional pavement and permeable pavement. Materials include a tank, pump, shower fixture, and gravel. Pavement samples will be provided by the City. TASK 3. Combined Sewer Overflow (CSO)Education: CSO discharges during heavy storms cause serious water pollution problems in the Port Angeles Harbor and to its nearshore environment. Pollutants from CSO discharges can include bacteria and other pathogens, toxic chemicals, and debris. These pollutants have harmful effects on the marine species living in the nearshore and in the Feiro Marine Life Center. These pollutants are also harmful to humans and often can cause the closure of beaches and Feiro "touch tanks" during the busy summer seasons. Feiro will continue to provide educational opportunities to the general public, and to visitors to Feiro Marine Life Center, to help people understand the effects of a CSO event and how, when, why and what cities, and especially the City of Port Angeles, have done, and are doing to remedy the situation. In fulfillment of the Service Contract for the City of Port Angeles, the Feiro Marine Life Center will: • Maintain web links to COPA's CSO site • Include stormwater/CSO discussion in NOW science 5h grade • Present CSO model to local social service organizations as requested • Update volunteers and staff on progress of CSO efforts • Provide general CSO update information to center visitors upon request • Attend and/or make available for other groups the CSO model for demonstration at festivals and fairs Service Contract Exhibit B Public Education and Outreach Services By Feiro Marine Life Center Estimated Costs for Stormwater and CSO Education and Outreach: Task 1: Stormwater Education - NOW $3,700.00 program development, instructional material development, implementation, evaluation and final report $ 600.00 indirect costs $4,300.00 Task 2: Low Impact Development Education Models $600.00 Repair and update rain garden model and build permeable pavement model (time and materials) $ 100.00 indirect costs $700.00 Task 3: CSO Education $1,430.00 65 staff hours @ $22/hr for education/outreach $ 270.00 indirect costs $1,700.00 Total $6,700.00 Service Contract Exhibit C Public Education and Outreach Services By Feiro Marine Life Center Project Schedule: Task 1 • North Olympic Watershed Science 5th Grade implemented and completed May- June 2014 • 5th grade evaluation and report to COPA by June 30, 2014 • North Olympic Watershed Science e grade planning— Year 5: September 2014 • Schedule 4th grade students for fall 2014 North Olympic Watershed Science • Pre field investigation visits (4h grade): Sept 15 —Oct 15, 2014 • Class visits to Feiro for field investigations (4"'grade): Oct I —Nov 20, 2014 • Fifth year evaluation due to City of PA: November 2014 • Promote behavior change in issues related to stormwater awareness to all visitors - daily Project Schedule: Task 2 • Rain garden model repaired by mid spring for use in the classroom, lecture series and community outreach events(Crab Fest, Clallam County Fair, etc.). Permeable pavement model built by July 1, 2014 for use at Clallam County Fair. • Project Schedule: Task 3 • Maintain web links to COPA's CSO site— on-going • COPA CSO handouts available for visitors—on-going • General CSO update information to center visitors - daily • Volunteer and staff updates—at volunteer enrichment series • CSO model available for Strait ECO Net members —on-going • Promote key CSO awareness to all visitors - daily