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Home My WebLink About4.508 Original Contract 4.508 50.:- 'de Celebrating So years /963-20r3 0 Corporate Office &Capital Region 809 Legion Way SE P.O.Box 7936 August 30, 2013 Olympia,WA 98507 TEL 360.943.0512 FAX 360.943.8466 City of Port Angeles Byron Olsen, Finance Director P. O. Box 1150 Peninsula Region Port Angeles, WA 98362 Clallam County 113 S.Valley St. P.O.Box 1114 Port Angeles,WA 98362 Mr. Olsen: TEL 360.452.7919 FAX 360.452.7962 This letter will serve as a 30-day notification to terminate our Copy Center contract with the City, making it effective September 30, 2013. Southwest Region Grays Harbor County We certainly appreciate our relationship with you over the years, 110 West Market St. but with the resignation of our GSE staff person, apparent lack of Suite 206A work and needing to move these individuals towards individual P.O.Box 2161 • Aberdeen,WA 98520 jobs in the community, this seemed the opportune time to move in TEL 360.533.8820 that direction. FAX 360.533.8857 Thank you and do not hesitate to contact me, if you have Lewis County 605 W Main Street questions. Suite 4 Centralia,WA 98531 TEL 360.807.2100 FAx 360.807.2111 Sincerely, y. Lies Cindi Kirchmeier Sr. Vice President/C00 360-596-3506 ckirchmeier @mside.org A CARF Accredited Agency morningsid eservices.com </. 5Dg CONTRACT FOR SERVICES THIS CONTRACT is made and entered into between the City of Port Angeles, an optional code city ofthe State of Washington (hereafter referred to as "City"), and Morningside Corporation, a non-profit corporatIOn of the State of Washington (hereafter referred to as "Contractor"). REPRESENTATIONS 1. The City has determined that certain mail room and copying activities can be performed cost effectively pursuant to a contractual relationship with the Contractor. 2. The collectIve bargaining unit representing the employment position that would normally perform such activities is willing to accept the contractual arrangement, provided that, in the event of any layoff of a permanent full-time or part-time Finance Department employee who is a member of said collective bargaimng unit, the City will terminate this Contract. AGREEMENTS In consideration ofthe above representations and the agreements set forth below, the parties agree as follows: 1. Scope of Services. The Contractor shall perform services as follows: PIck up and sort incoming mail and deliver outgoing mail to the United States Post Office. Operate copy machines, fax machines, deliver incoming faxes to departments as requested. Process shredding as requested. Pick up recycle products, deliver paper and supplies to departments as requested. Deliver trash can to curb each Thursday, pick up aluminum to be recycled twice a week. Prepare CouncIl packets twice a month. The parties anticipate services will require an average of 15 hours per week. 2. Payment. The City shall pay the Contractor $855.00 per month, which payment shall be due and owing on the last day of each month. For any services performed for less than a full month, payment shall be pro-rated accordingly. 3. Termination. This Contract shall continue and be binding upon both parties unless terminated by either party giving thirty (30) days written notice to the other party. 4. Independent Contractor Status. Contractor shall act as an independent contractor and not as an employee of the City. Contractor may hire employees to assist in performing the work. Contractor shall assume full responsibility of all federal, state, and local taxes and contributions Imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its employees. 5. 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 Contract, except for injuries and damages caused by the sole negligence of the City. G \Legal_Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\CITY-Mommgsldelndustnes con wpd Page I of3 It is specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 6. Insurance. The Contractor shall procure and maintain for the duration of the 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 Contractor, its agents, representatives, employees or subcontractors. 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; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability; and c. Workers' Compensation insurance at the limits established by the State of Washington. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 7. Non- Discrimination. The parties shall conduct their business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed, color, sex, Viet Nam era 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; and 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 G \Legal_Backup\AGREEMENTS&GONTRACTS\2005 Agmts&Contracts\CITY-MornmgsldeIndustnes con wpd Page 2 of3 -. .. of non-discriminatory 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. 8. Health and Safety Regulations. The Contractor shall comply with all federal, state and local laws, including but not limited to all applicable health and safety regulations. 9. Breach. Upon breach of any terms of this Contract, notice may be given by the non- breaching party to the other. If the condition or event causing the breach is not cured within thirty (30) days of the date of written notice of the breach, then this Contract may be declared to be null and void and all rights hereunder terminated. 10. Assignability. The Contractor shall not assign any interest in this Contract without the prior written consent of the City. 11. Governing Laws. This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Any lawsuit for the enforcement of this Contract shall be instituted and maintained only in Clallam County Superior Court. 12. Warranty. The Contractor warrants that the work shall be performed in a competent, workmanlike manner. 13. Authority. The parties warrant that the undersigned have full and complete legal authority to sign for each respective party and to commit such party to the performance of the agreements set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract on this ~day oUtrl)1,2005. C~F PORT ANGELES MORNINGSIDE CORPORA nON BY:~ Title: ~ ~1t/"""- By:~~ Title: V,u.." ~ Attest!JJ AJuJ.M JA -the ~ Attest: G \Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\CITY -Mommgsldelndustnes con wpd Page 3 of3 N~cholson & Associates 1802 Black Lake Blvd. Olympia WA 98512 Phone: 360-352-8444 SW OP 10 JU MORNI-1 04 25 07 . _T.HIS-CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r.::::.~ ~ {" reONt.Y'AND CONFERS NO RIGHTS UPON THE CERTIFICATE I [OJ r:;: ((5; ~ n ~c,' U~HQI\.D~~. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I \ ~:2 _~..=.=--_. _:~ - - ALl1iE~\THE COVERAGE AFFORDED BY THE POLICIES BELOW. lit [ \\1 III 360-~43,;,\9j712 NSl:J~E~~ AFFORDING COVERAGE NAIC # f \ 1\ \ \ I INSUR~~~ II Philadelphia Insurance Compan I \ _~ L INSURi;R B:.J I INSURER C ,I .- INSUR~ INSURER E ACORDN CERTIFICATE OF LIABILITY INSURANCE PRODUCER .. Fax: INSURED Morningside P.O. Box 7936 Olympia WA 98507 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rwD'L PD~~~~~g~~ Pgk~CEY ~~~~~N LTR NSRD TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 I- A X ~ COMtJlERCI.AJ GENERAL UABIUTY PHPK152500 01/01/07 01/01/08 PR~MISES {Ea occurence t 100,000 I- ~ CL.AJMS MADE [!] OCCUR MED EXP (ftrry one person) $ 5, 000 X Professional PERSONAL & ACV INUURY $1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 3,000,000 I POLICY Iil ~rg n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1, 000, 000 A ..!..- ANY AUTO PHPK152500 01/01/07 01/01/08 (Ea aCCident) ALL OWNED AUTOS BODILY INUURY - $ SCHEDULED AUTOS (per person) l- X HIRED ALITOS BODILY INUURY I- $ ~ NON-O\^JNED AUTOS (Per aCCident) PROPERTY DAIIIlAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CL.AJMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ - l~ WC STATU- T IOTH- WORKERS COMPENSA nON AND TORY UMITS ER A EMPLOYERS' LIABILITY PHPK152500 01/01/07 01/01/08 $ 1,000,000 E L EACH ACCIDENT ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERlMEM8ER EXCLUDED? WA STOP GAP I EHPL LIAB. E L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $ 1,000 000 SPECW. PROVlSIONS below E L DISEASE - POLICY UMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Port Angeles is hereby named as Additional Insured, with respect to the named insured's operations, per attached endorsement number CG 20 26 07 04. CERTIFICATE HOLDER CANCELLATION CITY059 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil 45 DAYS WRITTEN City of Port Angeles Public Works & Utilities Dept. 321 East 5th Street P.O. Box 1150 Port Angeles WA 98362 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) " .' <# POLICY NUMBER: PHPK208500 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provIded under the following' COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanizatlon{s} City of Port Angeles Public Works and utilities Department 321 East 5th Street P.O. Box 1150 Port Angeles, WA. 98362 Information reouired to complete this Schedule, If not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertiSing Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you, CG 20 26 07 04 @ ISO Properties, Inc. 2004 Page 1 of 1 o