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Home My WebLink About5.632 Original Contract S.Lo 5:L '- AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This amendment is entered into the City of Port Angeles, a non-charter code city ofthe State of Washington, (hereinafter called the "City"), and Zenovic and Associates, Inc., a Washington corporation, (hereinafter called the Contractor"). For and in consIderation of the benefits to be derived from this Agreement the partIes hereby recite and agree as follows: 1. The parties have prevIOusly entered into a Professional Services Agreement which was dated on the 13th day of February, 2003 and effective on the 17th day of February, 2003. A copy of that Professional ServIces Agreement is attached hereto, incorporated by thIs reference and may hereafter be referred to as the Agreement. 2. Paragraph A of Section 3 of the Agreement is amended to read as follows: 3. Compensation. a. The Contractor's compensation for building code structural inspections for residential, commercial, and industrial buildings and other structures within the City of Port Angeles shall be $65.00 per hour. For all other services the fee shall be $47.00 per hour. These fees shall become effective from and after July 1, 2004. 3. In all other respects the Agreement is hereby confirmed and ratified. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. DATE: 7// ,2004. DATE: -, Ill- ,2004. CITY OF PORT ANGELES BY:~~ City Mana ZENOVIC & ASSOCIATES, INC. BY:~ I res Gent By: ~<---- / Secretary Attest: Br C!aMf d7fr/ A-u-II1(J City Clerk Approv<;p as to fO~ By:1/;~ City Attorney G ILegal_ BackuplAGREEMENTS&CONTRACTSlZenovlcAmendmenl con wpd June 29, 2004 5. t.J d~ '4 PROFESSIONAL SERVICES AGREEMENT This agreement is entered into between the City of Port Angeles, a non-charter code city of the State of Washington, (hereinafter called the "City"), and Zenovic and Associates, Inc., a Washington corporation, (hereinafter called the "Contractor"). WHEREAS, the City requires professional building inspector services to be performed on a temporary basis during the time period that it takes to fill a vacancy in the City's building inspector position; and WHEREAS, the Contractor has an employee who is a certified ICBO building inspector and is qualified to perform building inspection services in the State of Washington; and WHEREAS, the Contractor represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, and agreements set forth below, the parties hereto agree as follows: 1. Scope of work. The Contractor will assign Tracy Gudgel, a certified ICBO building inspector, or other employee so qualified, to perform the following services for the City: a. Every work day morning report by phone to the City's Department of Community Development to determine which inspections are necessary to be conducted. b. Complete all inspections within 24 hours, or if unable to meet this deadline, contact the Department of Community Development's Building Permit Specialist to reschedule with the permit applicant or its representative. c. Report any customer service problems to the Building Permit Specialist and abide by the Community Development Director's resolution of any continuing disputes. d. Maintain written documentation of all inspection services. - I ,. J e. Perform other related building permit inspection services as requested by the Community Development Director. I 2. Term. This agreement shall commence on February 17,2003 and shall continue until the City fills the vacancy in the building inspector position or upon 10 days written notice of either party to the other, whichever occurs earlier. 3. Compensation. a. The Contractor's compensation for the services performed herein shall be at the rate of $47.00 per hour. b. The Contractor shall submit invoices to the City on a monthly basis. Invoices shall detail the work, hours, and employee name. c. The City shall review the invoices and make payment within 30 days of receipt. 4. Relationship of parties. The parties understand and agree that the Contractor's firm is skilled in matters pertaining to building inspection services and will perform independent functions and responsibilities in the area of this particular field of expertise. The Contractor and its personnel shall act as an independent contractor and not employees of the City. As such, they have no authority to bind the City or control employees of the City. Within the performance of these duties, the Contractor shall work under the direction of the City's Community Development Director. 5. Compliance with legal requirements. The Contractor shall possess any regulatory or other license required to perform the services provided under this agreement and shall comply with all applicable federal, state, and local laws. 6. Indemnification/hold harmless. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. 7. Insurance. The Contractor shall procure and maintain for the duration of this agreement, 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 Contractor and its employees. - 2 - ,) The Contractor shall provide a Certificate of Insurance evidencing: a. Automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. b. Workers compensation coverage as required by the industrial insurance laws of the State of Washington. c. Professional liability insurance with limits no less than $1,000,000 per occurrence. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The Contractor's insurance shall be primary insurance with respect to the City, and the City shall be given 30 days prior written notice of any cancellation, suspension, or material change in coverage. 8. Non-discrimination. During the performance of this agreement, 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: a.. 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. b. 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. 9. Assignability. The Contractor shall not assign or transfer any interest in or responsibility under this agreement without the prior written consent of the City. 10. Amendments. The parties hereby agree that this agreement shall not be amended or modified without the written concurrence of both parties. - 3 - ) \ 11. Applicable law. This agreement shall be construed and interpreted in accordance with the laws ofthe State of Washington, and in the event of dispute the venue of any action brought hereunder shall be Clallam County. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. DATE: ~,.w~ /.3 ,2003. CITY OF PORT ANGELES By:~ &C4.~ .--' City Managd Attest: By: .6ufi!f(4- ~ City Cle Approved as to form: By: c'AL' ~ ~ City Atto<oo.ey G \Legal_ Backup\AGREEMENTS&CONTRACTS\Zenovic con.wpd , 1 '\ r;, ~ '<, L' ~ , ./)" "' \ ' ,\ I.. -4- DATE:~~-.....'l I ~ ZENOVIC & ASSOCIATES, INe. ,2003 BY~ P siae By' 4ef . /S ret