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HomeMy WebLinkAbout4.492 Original Contract t(j. ~9~ ~ I CONTRACT NUMBER: CONTRACT FOR CONSlJbTING SERVICES THIS CONTRACT is made ana entered into in duplicate originals by and between City of Port Angeles, a political subdivision of the State of Washington, with its principal offices at 321 East 5th Street, Port Angeles, WA 98362, hereinafter "CITY," and GREENTREE COMMUNICAnONS COMPANY., a Washington Corporation, located at P.O. Box 1105, 280 Toad Road, Sequim, WA 98382, hereinafter "CONSULTANT." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURAnON OF CONTRACT The term of this Contract shall begin immediately upon execution by the parties on the effective date below, and shall, unless terminated or renewed as provided elsewhere in this Contract, terminate on June 1, 2006. The CONSULTANT shall complete all work required by this Contract no later than the termination date above. Time is of the essence in the performance of this Contract. 2. SERVICES PROVIDED BY THE CONSULTANT The CITY retains the CONSULTANT to perform the following consulting services in connection with the Peninsula Communications (penCom) radioproject. , a. A detailed description of the services to be performed by the CONSULTANT is set forth in Exhibit "A," which is attached hereto and incorporated by reference. b. The CONSULTANT agrees to perform according to standard industry practice of the requested consulting services specified in this Contract. c. The CONSULTANT agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the CITY. d. The CONSULTANT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONSULTANT shall, from time to time, during the progress of the work, confer with the CITY. The CONSULTANT shall prepare and present monthly status reports and other information that may be pertinent and necessary, or as may be requested by the CITY. Issue Date: January 6, 2006 Contracting-Greentree Communications P~np 1 " I 3. SERVICES PROVIDED BY THE CITY In order to assist the CONSULTANT in fulfilling its duties under this Contract, the CITY shall provide the following: a. Relevant information as exists to assist the CONSULTANT with the performance of the CONSULTANT'S services. b. Coordination with other City Departments or other Consultants as necessary for the performance of the CONSULTANT'S services. c. Services, documents, or other information identified in Exhibit "A." 4. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For CONSULTANT: Name of Representative: Tony DiBenedetto Title: President Street Address: 280 Toad Road, Sequim, WA 98382 Telephone Number: 360-683-2891 Fax -Number: 360-68J-6~54 ~l{ - 'I rr> E-mail Address:tonyd@olypen.com b. For CITY: Name of Representative: Naomi Rtggins Title: Communications Manager Street Address: 321 East 5th Street, Port Angeles, WA 98362 -Telephone -Number:-J60-4 17-4911 Fax Number: 360-417-4556 E-mail Address:nriggins@cityofpa.us -5. -COMPE-NSATION a. Payment to the CONSULTANT for services rendered under this COf ltr act shatl be in accordance with the fee schedule set forth in Exhibit "B," whIch is attached hereto and incorporated by reference. These fees shall remain in effect for the term of the Contract. Issue Date: January 6, 2006 Contracting-Greentree Communications P~np ? b. The City's total payments to CONSULTANT shall be in the manner described below (check applicable box): -L 1. The maximum total amount payable by the CITY to the CONSULTANT shall not exceed eight thousand dollars ($ 8,000.00), unless a Contract Amendment has been negotiated and executed prior to the CITY incurring any costs in excess of the maximum amount payable. - OR - 2. The fee for CONSULTANT'S services, as further described in Exhibit "BJ" shall be calculated as the product of the fee percentage and the amount of Construction Contract Award, including any awarded alternates. Until a Construction Contract Award is made, an Interim Fee, to be used for making progress payments to the CONSULTANT shall be calculated as the product of the funds available for construction and the fee percentage. c. The CONSULTANT may, in accordance with Exhibit "B," submit invoices to the CITY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONSULTANT performed work for the CITY during the billing period. The CITY shall pay the CONSULTANT for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of billing. d. The CONSULTANT shall not be paid for services rendered under this Contract unless and until they have been performed to the satisfaction of the CITY. e. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the CITY, then the CITY may, in its sole discretionJ upon written notice to the CONSULTANT, withhold any and all monies due and payable to the CONSULTANT, without penalty, until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this contract means faithfully fulfilling the terms of this contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of this Contract or after its termination. g. No payment shall be made for any work performed by the CONSULTANT, except for work identified and set forth in this Contract or supporting exhibits or attachments. Issue Date: January 6, 2006 Contracting-Greentree Communications P~np ~ 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONSULTANT in the performance of any of the services required herein, the CONSULTANT shall make any and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the CITY. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment signed by each party's designated agent, and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the CITY. 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONSULTANT shall hold harmless, indemnify and defend the CTIY, its officers, officials, employees and a.gents, from and a.gainst any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever., including, but not limited to, costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the performance of the services rendered under this contract by the Consultant, its employees, agents, or subcontractors or anyone for whose acts any of them may be liable. PROVIDED HOWEVER, that the CONSULTANT'S obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CITY., its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANT'S obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees, agents, or subcontractors. b. In any and all claims against the City, its officers, officials, employees and agents by any employee of the Consultant, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant or subcontractor under Worker's Compensation acts, disability benefit acts, or other employee benefit acts, it being clearly agreed and understood by the _parties hereto that the Consultant expressly waives any immunity the Consultant might have had under such laws. By executing the Contract, the Consultant acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONSULTANT makes with any subcontractor or agent performing work hereunder. c. The CONSULTANT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action., error Issue Date: January 6, 2006 Contracting-Green tree Communications P;mp4 or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT'S employees, agents or subcontractors. 8. INSURANCE a. Professional Legal Liability: The CONSULTANT shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONSULTANT'S profession. The policy shall be written subject to limits of not less than $1,000,000 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONSULTANT'S services defined in thiS Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as_part of the Contract or within the scope of the CONSULTANT'S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. b. Workers' Comoensation and Emoloyer's Liability: The CONSULTANT shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the City Risk Management Division. If this contract is over $50,000/ then the CONSULTANT shall also maintain Employees Liability Coverage with a limit of not less than $1 million. c. Commercial General Liability: If the CONSULTANT has contact with the public arising out of the scope of the CONSULTANT'S services defined in this Contract, the CONSULTANT shall maintain Commercial General Liability coverage for bodily injury/ personal injury, and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $1,000,000. The CONSULTANT will provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. d. Automobile Liability: If applicable, the CONSULTANT shall maintain automobile liability insurance to be described as follows: (check the box that applies) --2L- The CONSULTANT shall maintain Business Automobile Liability insurance or equivalent form with a limit of not less than $1,000,000 each acddent combined Bodily Injury and Property Damages and an aggregate limit of at least $2,000,000. Coverage shall include owned/ hired and non-owned automobiles. - OR- Issue Date: January 6, 2006 Contracting-Greentree Communications P~ru:> " _ The CONSULTANT shall maintain Automobile Liability insurance or equivalent form with a limit of not less than $100,000 each accident combined Bodily Injury and Property Damage. The aggregate limit shall be at least $300,000. If a personal lines Auto Liability _policy is used to meet this requirement, it must include a business rider and must cover each vehicle to be used in the performance of this Contract and the certificates of insurance must evidence these conditions have been met. If the CONSULTANT will use non- owned vehicles in performance of this Contact, the coverage shall include owned, hired and non-owned automobiles. - OR - _ Not Applicable. e. Other Insurance Provisions: 1. The CONSULTANT'S liability insurance provisions shall be primary with respect to any insurance or self-insurance prQgrams covering the CITY, its elected and appointed officers, officials, employees and agents. 2. If applicable, the CONSULTANT'S Commercial General Liability insurance and Automobile Liability insurance shall include the CITYJ its officers, officials, employees and agents as additional insured with respect to performance of services. 3. If applicable, the CONSULTANT'S Commercial General Liability insurance and Automobile Liability insurance shall contain no special limitations on the scope of protection afforded to the CITY as additional insured. 4. Any failure to comply with reporting provisions of the poliCies shall not affect coverage provided to the CITY, its officers, officials, employees or agents. 5. The CONSULTANT'S insurance shall apply separately to each insured a~ainst whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The CONSULTANT shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein and shall induded the contractor and the City as additional insured's. 7. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. 8. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, Issue Date: January 6, 2006 Contracting-Greentree Communications P::Im> h policies, and endorsements expiring before completion of services shall be promptly replaced. f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. 1. The CONSULTANT shall furnish the cm with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section within ten (10) days after the effective date of the contract. The certificate willi at a minimum, list limits of liability and coverage. The certificate will proVide that the underlying insurance contract will not be canceled, allowed to expire, except on forty five (45) days prior written notice to the cm. Any certificate or endorsement limiting or negating the Insurer's obligation to notify the cm of cancellation or changes shall be altered so as not to negate the intent of this provision. 2. The CONSULTANT shall furnish the cm with evidence that the additional insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the em as an additional insured. 3. Certificates of Insurance shall show the Certificate Holder as City and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. 4. The CONSULTANT shall request the Washington State Department of Labor and Industries, Workers Compensation Representative, send written verification to City that CONSULTANT is currently paying Workers Compensation. 5. Written notice of cancellation or change shall be immediately mailed to the cm contract representative listed in this contract. 6. The CONSULTANT or its broker shall provide a copy of any and all insurance polides spedfied in this Contract upon request of the City Risk Analyst. 9. TERMINATION a. The cm may terminate this Contract in whole or in part whenever the CITY determines, in its sole discretion, that such termination is in the best interests of the cm. The cm may terminate this Contract upon giving ten (10) days Issue Date: January 6, 2006 Contracting-Greentree Communications P;:tf11'> 7 written notice by Certified Mail to the CONSULTANT. In that event, the CITY shall pay the CONSULTANT for all cost incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract,. the CITY may summarily terminate this Contract notwithstanding any other termination provision of this Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CITY to the CONSULTANT. After the effective datej- no charges incurred under this Contract are allowable. c. If the CONSULTANT breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may terminate this Contract, in which case the CITY shall pay the CONSULTANT only for the costs of services accepted by the CITY, in accordance with Section 5 of this Contract. Upon such termination, the CITY, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the CITY in completing the work and all damage sustained by the CITY by reason of the CONSULTANT'S breach. 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONSULTANT shall perform the terms of the contract using only its bona fide employees or agents, and the obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 11. NON-WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 12. INDEPENDENT CONTRACTOR a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an Independent Contractor and not as an agent, employee or servant of the CITY. The CONSULTANT specifically has the right to direct and control CONSULTANT'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. Issue Date: January 6, 2006 Contracting-Greentree Communications P~np R b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract and Exhibit "B," and the CONSULTANT is not entitled to any City benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to City employees. c. The CONSULTANT shall have and maintain complete responsibility and control over all of its subcontractors, employees! agents! and representatives. No subcontractor, employee, agent, or representative of the CONSULTANT shall be or deem to be or act Qr purpQrt to act as. an emplQye~ agent, or representative of the cm. d. The CONSULTANT shall pay for all taxes, fees, licenses, or payments required by Federa~ State or IQcallaw, which are nQW Qr may be enacted during the term of this Contract. e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under thjs CQntract upon recejpt Qf a written request to do from the cm's contract representative or designee. 13. COMPUANCE WITH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 14. INSPECTION OF BOOKS AND RECORDS The cm may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all records required by this Contract for five (5) years after termination of this Contract for audit purposes. 15. NONDISCRIMINATION The CONSULTANT, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race/- color/- creed/- religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. 16. OWNERSHIP OF MATERIALS/WORK PRODUCED a. All reports, drawings, plans, specifications, all forms of electronic media, and data and documents produced in the performance of the work under this Contract shall be "works for hire" as defined by the U.S. Copyright Act 0 f 1976 and shall be owned by the CITY. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The cm agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold Issue Date: January 6, 2006 Contracting-Greentree Communications P~np Q the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT. b. All design work done by the CONSULTANT shall be done on (name of computer application) or higher or other systems mutually agreed upon, an electronic copy of which shaJJ be suhmitted to the CITY upon request and or at the end of the job. Should a construction project result from the work of the CONSULTANT, the record drawings from the CONSULTANT shall be transposed onto the electronic design drawings and submitted to the CITY. c. An electronic copy of all word processing documents shall be submitted to the CITY upon request or at the end of the job using the word processing program and version specified by the CITY. 17. PATENT ICOPYRIGHT INFRINGEMENT The CONSULTANT shall hold harmless, indemnify and defend the CITY, its officers, officials, employees and agents, from and against any claimed action,. cause or demand brought against the CITY, where such action is based on the claim that information supplied by the CONSULTANT or subcontractor infringes any_patent or copyright. The CONSULTANT shall be notified promptly in writing by the CITY of any notice of such claim. 18. DISPUTES Differences between the CONSULTANT and the CIlY, arising under and by virtue of this Contract, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONSULTANT shall be decided by the CITY'S Contract representative or designee. All rulings, orders, instructions and decisions of the CITY'S Contract representative shaJl be finaJ and conclusive, subject to CONSULTANT'S right to seek judicial relief pursuant to Section 20. 19. CONFIDENTIALITY The CONSULTANT, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the CIlY or acquired by the CITY in performance of this Contract, except upon the prior written consent of the CITY or an order entered by a court of competent jurisdiction. The CONSULTANT shall promptly give the CITY written notice of any judicial proceeding seeking disclosure of such information. 20. CHOICE OF LAW, JURISDICTION AND VENUE, ATTORNEY'S FEES a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Issue Date: January 6, 2006 Contracting-Greentree Communications D~np 1 n b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Clallam County, Washington. 21. SUCCESSORS AND ASSIGNS The CTIY, to the extent permitted by law, and the CONSULTANT each bind themselves, their partners, successors, executors, administrators, and assigns to the other party to this Contract and to the partners, successors, administrators, and assigns of such other party in respect to all covenants. to this Contract. 22. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegalJ or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If it should appear that any provision of this Contract is in conflict with any statutory proviSion of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and. shall be deemed moclified to conform to. such statutory provision. 23. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandil1Qs not incorporated in this Contract are specifically excluded. 24. NOTICES Any notices shall be effective if personally served upon the other party or If mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days foJlowing the date of mailing or immecliately, if personally served. For service by facsimile, service shall be effective at the beginning of the next working day. Issue Date: January 6, 2006 \ Contracting-Greentree Communications P~np 11 The parties to this Contract have executed this Contract to take effect as of the date written below. This Contract shall take effect this .h. 2 f{ day of ..J p.,.}. UA~'1 , 2006 CONTRACTOR: Firm: Greentree- Cammundations. CITY OF PORT ANGELES: /~Qld~ ~t~A.-' Mar Madsen, City anager William Bloor, City Attorney ATTEST: .bQ~. J.JfJW^- Becky Upt Ci lerk '\- Issue Date: January 6, 2006 Contracting-Greentree Communications D::\nl'> 17 Exhibit A CONTRACf NUMBER: Summary of Purpose: Create a radio plan to: 1. Improve and enhance radio communications for PenCom and its user agencies. 2. Simplify dispatch operations for improved service to the community. Consultation Services Provided: 1. Provide a complete and thorough evaluation of the existing PenCom radio system and method of current use. a. Inventory and compile all frequencies in use for this purpose as well as likely candidates to incorporate into the system. b. Inventory valid licensing of frequencies and locations and allowable uses for frequencies. c. With permission, inventory equipment at all PenCom user agency sites. d. Create radio frequency (RF) site coverage maps of existing and near future radio sites in VHF and UHF bands. 2. Survey all agencies involved in the PenCom radio system by on-site visits and meetings with appropriate personnel. a. Determine needs, concerns and recommendations of all agencies. b. Obtain any maps, copies of licenses and other documentation necessary to complete the plan 3. Research other counties using similar frequency schemes 4. Work with the OPSCAN technical committee to ensure the penCom plan will maximize the use of the OPSCAN infrastructure as well as any other radio facilities that may help cut costs. Incorporate licensing of new frequencies as necessary. 5. Prepare document with coverage maps and visual aids. 6. Provide a reasonable estimate of costs to implement the agreed upon system. 7. Provide a proposed implementation plan incorporating a phased in approach. Issue Date: January 6, 2006 Contracting-Greentree Communications P::Inp 1 ~ EXHIBIT B CONTRACT NUMBER: FEE SCHEDULE $80 PER HOUR $40 TRAVEL EXPENSE TOTAL MAXIMUM AMOUNT NOT TO EXCEED $8000.00. Issue Date: January 6, 2006 Contracting-Greentree Communications P""nl'> 14 Verify Workers' Comp Premium Status - Employer LiabIlIty CertItIcate Page 1 ot 1 Washington State Department of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: OS/26/2005 UBI #: 601 919 176 Business Name: GREENTREE COMMUNICATIONS COMPANY Legal Business Name: GREENTREE COMMUNICATIONS COMPANY Account #: 925,570-01 'Doing Business As' Name: GREENTREE COMMUNICATIONS COMPA Quarterly Premium Reports: Quarter 1 of Year 2005 Workers' Camp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. . Licensed Contractor? Yes Account Representative: T7 / CHUCK MYDLAR (360)902-5636 ____--.........._ ~_____~____.......~__-..-......~__....,_~..__~_~___. M__~___ ~_ __._~. Industrial Insurance Information The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51 .16.190. ) .{Co https://fortrcss,wa.govllnifcrpsif AcctInfoPrint.aspx? AccountId=9255700 1 &AccountManager=T7 +%2f +c... 5/26/2005 a FARMERS" ... DIll lMM/DD1Yf) r 11I1712GM 1'l1li......_............",.. 1" , ...,II1II___..... lIJIGGlbt........... ,....- "'_-.1..-11...... ~""'II!r-""'''''''' C 1- ..... J1i...,~ c:o.r-. ~A,..,..~~ z- r........ B F..-a 1._", J!'... ,... '-' =--- C NJd-ceaaur:r ...-...... c~ f::f-' 0 ~~ant:r'" <<Ill plIIdD~.....-e....................lDdIe.............1w -IldIIlJpdDd..... N1" . ,.....,.. 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S ~ .......... , a..t-1'aIIty u.a I p. 1 s 1.8GO.AlO8 S '....GOO S JO.OOO S 5.000 s s s s S S (>-.A-liaI, SIlaII4q rldll............. lie........ die......... dill' ...... d1e....~..___M.....3D...._......ID_ ...... 1aIlIlIIr'-'...l.a.lIIIl,.. ........... __.._ ..........-.....,Gf..,........ ~... ... .. -~ -- - CGpJ DiIbIIluIbI: CepJ......sCepJ -- I- I </. .qCJ:L CONTRACT NUMBER: PA052605 CONTRACT FOR CONSUL llNG SERVICES THIS CONTRACT is made and entered into in duplicate originals by and between City of Port Angeles, a political subdivision of the State of Washington, with its principal offices at 321 East 5th Street, Port Angeles, WA 98362, hereinafter "CITY," and GREENTREE COMMUNICAnONS COMPANY, a Washington Corporation, located at P.O. Box 1105, 280 Toad Road, Sequim, WA 98382, hereinafter "CONSULTANT." In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin immediately upon execution by the parties on the effective date below, and shall, unless terminated or renewed as provided elsewhere in this Contract, terminate on December 31, 2005. The CONSULTANT shall complete all work required by this Contract no later than the termination date above. Time is of the essence in the performance of this Contract. 2. SERVICES PROVIDED BY THE CONSULTANT The CITY retains the CONSULTANT to perform the following consulting services in connection with the Peninsula Communications (PenCom) radio project. a. A detailed description of the services to be performed by the CONSULTANT is set forth in Exhibit "A," which is attached hereto and incorporated by reference. b. The CONSULTANT agrees to perform according to standard industry practice of the requested consulting services specified in this Contract. c. The CONSULTANT agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the CITY. d. The CONSULTANT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONSULTANT shall, from time to time, during the progress of the work, confer with the CITY. The CONSULTANT shall prepare and present monthly status reports and other information that may be pertinent and necessary, or as may be requested by the CITY. Issue Date: May 26, 2005 Contracting-Greentree Communications Page 1 3. SERVICES PROVIDED BY THE CITY In order to assist the CONSULTANT in fulfilling its duties under this Contract, the cm shall provide the following: a. Relevant information as exists to assist the CONSULTANT with the performance of the CONSULTANT'S services. b. Coordination with other City Departments or other Consultants as necessary for the performance of the CONSULTANT'S services. c. Services, documents, or other information identified in Exhibit "A." 4. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For CONSULTANT: Name of Representative: Tony DiBenedetto Title: President Street Address: 280 Toad Road, Sequim, WA 98382 Telephone Number: 360-683-2891 Fax Number: 360-683-6954 E-mail Address:tonyd@olypen.com b. For cm: Name of Representative: Naomi Riggins Title: Communications Manager Street Address: 321 East 5th Street, Port Angeles, WA 98362 Telephone Number: 360-417-4911 Fax Number: 360-417-4556 E-mail Address:nriggins@cityofpa.us 5. COMPENSATION a. Payment to the CONSULTANT for services rendered under this Contract shall be in accordance with the fee schedule set forth in Exhibit "B," which is attached hereto and incorporated by reference. These fees shall remain in effect for the term of the Contract. Issue Date: May 26,2005 Contracting-Greentree Communications Page 2 b. The City's total payments to CONSULTANT shall be in the manner described below (check applicable box): --X- 1. The maximum total amount payable by the cm to the CONSULTANT shall not exceed eight thousand dollars ($ 8,000.00), unless a Contract Amendment has been negotiated and executed prior to the cm incurring any costs in excess of the maximum amount payable. - OR - 2. The fee for CONSULTANT'S services, as further described in Exhibit "B," shall be calculated as the product of the fee percentage and the amount of Construction Contract Award, including any awarded alternates. Until a Construction Contract Award is made, an Interim Fee, to be used for making progress payments to the CONSULTANT shall be calculated as the product of the funds available for construction and the fee percentage. c. The CONSULTANT may, in accordance with Exhibit "B," submit invoices to the cm not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONSULTANT performed work for the cm during the billing period. The cm shall pay the CONSULTANT for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of billing. d. The CONSULTANT shall not be paid for services rendered under this Contract unless and until they have been performed to the satisfaction of the cm. e. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the cm, then the cm may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and all monies due and payable to the CONSULTANT, without penalty, until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this contract means faithfully fulfilling the terms of this contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of this Contract or after its termination. g. No payment shall be made for any work performed by the CONSULTANT, except for work identified and set forth in this Contract or supporting exhibits or attachments. Issue Date: May 26, 2005 Contracting-Greentree Communications Page 3 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONSULTANT in the performance of any of the services required herein, the CONSULTANT shall make any and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the cm. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment signed by each party's designated agent, and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the cm. 7. HOLD HARMLESS AND INDEMNIFICAnON a. The CONSULTANT shall hold harmless, indemnify and defend the cm, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including, but not limited to, costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the performance of the services rendered under this contract by the Consultant, its employees, agents, or subcontractors or anyone for whose acts any of them may be liable. PROVIDED HOWEVER, that the CONSULTANT'S obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the cm, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANrS obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees, agents, or subcontractors. b. In any and all claims against the City, its officers, officials, employees and agents by any employee of the Consultant, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant or subcontractor under Worker's Compensation acts, disability benefit acts, or other employee benefit acts, it being clearly agreed and understood by the parties hereto that the Consultant expressly waives any immunity the Consultant might have had under such laws. By executing the Contract, the Consultant acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONSULTANT makes with any subcontractor or agent performing work hereunder. c. The CONSULTANT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error Issue Date: May 26,2005 Contracting-Greentree Communications Page 4 or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT'S employees, agents or subcontractors. 8. INSURANCE a. Professional Legal Liability: The CONSULTANT shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONSULTANT'S profession. The policy shall be written subject to limits of not less than $1.000.000 per loss. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONSULTANT'S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONSULTANT'S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. b. Workers' Compensation and Emoloyer's Liability: The CONSULTANT shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the City Risk Management Division. If this contract is over $50,000, then the CONSULTANT shall also maintain Employees Liability Coverage with a limit of not less than $1 million. c. Commercial General Liability: If the CONSULTANT has contact with the public arising out of the scope of the CONSULTANT'S services defined in this Contract, the CONSULTANT shall maintain Commercial General Liability coverage for bodily injury, personal injury, and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $1,000,000. The CONSULTANT will provide Commer~,c! General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. d. Automobile Liability: If applicable, the CONSULTANT shall maintain automobile liability insurance to be described as follows: (check the box that applies) X The CONSULTANT shall maintain Business Automobile Liability insurance or equivalent form with a limit of not less than $1,000,000 each accident combined Bodily Injury and Property Damages and an aggregate limit of at least $2,000,000. Coverage shall include owned, hired and non-owned automobiles. - OR- Issue Date: May 26, 2005 Contracting-Greentree Communications Page 5 _ The CONSULTANT shall maintain Automobile Liability insurance or equivalent form with a limit of not less than $100,000 each accident combined Bodily Injury and Property Damage. The aggregate limit shall be at least $300,000. If a personal lines Auto Liability policy is used to meet this requirement, it must include a business rider and must cover each vehicle to be used in the performance of this Contract and the certificates of insurance must evidence these conditions have been met. If the CONSULTANT will use non- owned vehicles in performance of this Contact, the coverage shall include owned, hired and non-owned automobiles. - OR - _ Not Applicable. e. Other Insurance Provisions: 1. The CONSULTANT'S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the cm, its elected and appointed officers, officials, employees and agents. 2. If applicable, the CONSULTANT'S Commercial General Liability insurance and Automobile Liability insurance shall include the cm, its officers, officials, employees and agents as additional insured with respect to performance of services. 3. If applicable, the CONSULTANT'S Commercial General Liability insurance and Automobile Liability insurance shall contain no special limitations on the scope of protection afforded to the cm as additional insured. 4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the cm, its officers, officials, employees or agents. 5. The CONSULTANT'S insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6. The CONSULTANT shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein and shall included the contractor and the City as additional insured's. 7. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. 8. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, Issue Date: May 26, 2005 Contracting-Greentree Communications Page 6 policies, and endorsements expiring before completion of services shall be promptly replaced. f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. 1. The CONSULTANT shall furnish the CITY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section within ten (10) days after the effective date of the contract. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled, allowed to expire, except on forty five (45) days prior written notice to the CITY. Any certificate or endorsement limiting or negating the insurer's obligation to notify the CITY of cancellation or changes shall be altered so as not to negate the intent of this provision. 2. The CONSULTANT shall furnish the CITY with evidence that the additional insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the CITY as an additional insured. 3. Certificates of Insurance shall show the Certificate Holder as City and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. 4. The CONSULTANT shall request the Washington State Department of Labor and Industries, Workers Compensation Representative, send written verification to City that CONSULTANT is currently paying Workers Compensation. 5. Written notice of cancellation or change shall be immediately mailed to the CITY contract representative listed in this contract. 6. The CONSULTANT or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the City Risk Analyst. 9. TERMINAnON a. The CITY may terminate this Contract in whole or in part whenever the CITY determines, in its sole discretion, that such termination is in the best interests of the CITY. The CITY may terminate this Contract upon giving ten (10) days Issue Date: May 26, 2005 Contracting-Greentree Communications Page 7 written notice by Certified Mail to the CONSULTANT. In that event, the CITY shall pay the CONSULTANT for all cost incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the CITY may summarily terminate this Contract notwithstanding any other termination provision of this Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CITY to the CONSULTANT. After the effective date, no charges incurred under this Contract are allowable. c. If the CONSULTANT breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may terminate this Contract, in which case the CITY shall pay the CONSULTANT only for the costs of services accepted by the CITY, in accordance with Section 5 of this Contract. Upon such termination, the CITY, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the CITY in completing the work and all damage sustained by the CITY by reason of the CONSULTANT'S breach. 10. ASSIGNMENT. DELEGAnON. AND SUBCONTRACTING a. The CONSULTANT shall perform the terms of the contract using only its bona fide employees or agents, and the obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 11. NON-WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 12. INDEPENDENT CONTRACTOR a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an Independent Contractor and not as an agent, employee or servant of the CITY. The CONSULTANT speCifically has the right to direct and control CONSULTANT'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. Issue Date: May 26, 2005 Contracting-Greentree Communications Page 8 b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract and Exhibit "8," and the CONSULTANT is not entitled to any City benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to City employees. c. The CONSULTANT shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent, or representative of the CONSULTANT shall be or deem to be or act or purport to act as an employee, agent, or representative of the CITY. d. The CONSULTANT shall pay for all taxes, fees, licenses, or payments required by Federal, State or local law, which are now or may be enacted during the term of this Contract. e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do from the CITY'S contract representative or designee. 13. COMPLIANCE WnH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 14. INSPECTION OF BOOKS AND RECORDS The CITY may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all records required by this Contract for five (5) years after termination of this Contract for audit purposes. 15. NONDISCRIMINAnON The CONSULTANT, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. 16. OWNERSHIP OF MATERIALS/WORK PRODUCED a. All reports, drawings, plans, specifications, all forms of electronic media, and data and documents produced in the performance of the work under this Contract shall be "works for hire" as defined by the U.S. Copyright Act 0 f 1976 and shall be owned by the CITY. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CITY agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold Issue Date: May 26, 2005 Contracting-Greentree Communications Page 9 the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT. b. All design work done by the CONSULTANT shall be done on Fl,4D h'\O B, LE (name of computer application) or higher or other systems mutually agreed upon, an electronic copy of which shall be submitted to the CITY upon request and or at the end of the job. Should a construction project result from the work of the CONSULTANT, the record drawings from the CONSULTANT shall be transposed onto the electronic design drawings and submitted to the CITY. c. An electronic copy of all word processing documents shall be submitted to the CITY upon request or at the end of the job using the word processing program and version specified by the CITY. 17. PATENT/COPYRIGHT INFRINGEMENT The CONSULTANT shall hold harmless, indemnify and defend the CITY, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the CITY, where such action is based on the claim that information supplied by the CONSULTANT or subcontractor infringes any patent or copyright. The CONSULTANT shall be notified promptly in writing by the CITY of any notice of such claim. 18. DISPUTES Differences between the CONSULTANT and the CITY, arising under and by virtue of this Contract, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONSULTANT shall be decided by the CITY'S Contract representative or designee. All rulings, orders, instructions and decisions of the CITY'S Contract representative shall be final and conclusive, subject to CONSULTANT'S right to seek judicial relief pursuant to Section 20. 19. CONFIDENTIALITY The CONSULTANT, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the CITY or acquired by the CITY in performance of this Contract, except upon the prior written consent of the CITY or an order entered by a court of competent jurisdiction. The CONSULTANT shall promptly give the CITY written notice of any judicial proceeding seeking disclosure of such information. 20. CHOICE OF LAW, JURISDICTION AND VENUE, ATTORNEY'S FEES a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Issue Date: May 26, 2005 Contracting-Greentree Communications Page 10 b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Clallam County, Washington. 21. SUCCESSORS AND ASSIGNS The CITY, to the extent permitted by law, and the CONSULTANT each bind themselves, their partners, successors, executors, administrators, and assigns to the other party to this Contract and to the partners, successors, administrators, and assigns of such other party in respect to all covenants to this Contract. 22. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If it should appear that any provision of this Contract is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 23. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 24. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately, if personally served. For service by facsimile, service shall be effective at the beginning of the next working day. Issue Date: May 26,2005 Contracting~Greentree Communications Page 11 The parties to this Contract have executed this Contract to take effect as of the date written below. . This Contract shall take effect this ,~v day of ;11# y , 2005 CONTRACTOR: Firm: Greentree Communciations CITY OF PORT ANGELES: G?Q ()' Tony iBenedetto, President .. Michael Quinn, Ci APPROVED AS TO FORM: J~~ William Bloor, City Attorney --~. ArrEST: &~~. j)pto~ Becky Upton, Cle Issue Date: May 26, 2005 Contracting-Greentree Communications Page 12 Exhibit A CONTRACT NUMBER: PA052605 Summary of Purpose: Create a radio plan to: 1. Improve and enhance radio communications for PenCom and its user agencies. 2. Simplify dispatch operations for improved service to the community. Consultation Services Provided: 1. Provide a complete and thorough evaluation of the existing PenCom radio system and method of current use. a. Inventory and compile all frequencies in use for this purpose as well as likely candidates to incorporate into the system. b. Inventory valid licensing of frequencies and locations and allowable uses for frequencies. c. With permission, inventory equipment at all PenCom user agency sites. d. Create radio frequency (RF) site coverage maps of existing and near future radio sites in VHF and UHF bands. 2. Survey all agencies involved in the PenCom radio system by on-site visits and meetings with appropriate personnel. a. Determine needs, concerns and recommendations of all agencies. b. Obtain any maps, copies of licenses and other documentation necessary to complete the plan 3. Research other counties using similar frequency schemes 4. Work with the OPSCAN technical committee to ensure the PenCom plan will maximize the use of the OPSCAN infrastructure as well as any other radio facilities that may help cut costs. Incorporate licensing of new frequencies as necessary. 5. Prepare document with coverage maps and visual aids. 6. Provide a reasonable estimate of costs to implement the agreed upon system. 7. Provide a proposed implementation plan incorporating a phased in approach. Issue Date: May 26,2005 Contracting-Greentree Communications Page 13 EXHIBIT B CONTRACT NUMBER: PAOS260S FEE SCHEDULE $80 PER HOUR $40 TRAVEL EXPENSE TOTAL MAXIMUM AMOUNT NOT TO EXCEED $8000.00. Issue Date: May 26, 2005 Contracting-Greentree Communications Page 14 Verify Workers' Comp Premium Status - Employer Liability Certificate - . Page 1 of 1 Washington State Department of Labor and Industries Employer Liability Certificate Department of labor and Industries Employer liability Certificate Date: OS/26/2005 UBI #: 601 919 176 Business Name: GREENTREE COMMUNICATIONS COMPANY Legal Business Name: GREENTREE COMMUNICATIONS COMPANY Account #: 925,570-01 'Doing Business As' Name: GREENTREE COMMUNICATIONS COMPA Quarterly Premium Reports: Quarter 1 of Year 2005 Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes Account Representative: T7 / CHUCK MYDLAR (360)902-5636 Industrial Insurance Information The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51.16.190.) https://fortress.wa.gov/lni/crpsi/ AcctlnfoPrint.aspx? AccountId=925 5700 1 &AccountManager=T7 +%2f+C... 5/26/2005 Commercial Certificate of Insurance . FAR MER S' Agency . Michael E Lemon Ins Agency, IDe Name . PO Box 1I9 Issue Date (MMIDDIYY) 105/27/2005 l & . Sequim W A 98382 Address . 360-681-0696 This certificate Is issued as a matter of information only and confers no rights upon the certificate bolder. Tbls certificate does not amend. extend or alter the St. 79 Dlst. 13 Agent 329 coverage afforded by the polities shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange . Anthony & Susan Dibenedetto Letter Name . DBA Greentree Communications Company B Farmers Insurance Exchange Letter & . PO Box 1I05 Company C Mid-Century Insurance Company Address . Sequim W A 98382 Letter Company DB Letter Coverages This Is to certify that the polities 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 tbls certificate may be issued or may pertain. the insurance affonled by the policies described berein Is subject to all the terms. exclusions and conditions of sucb polities. Limits shown maybave been reduced by paid cJaims. Co. Type of Insurance Pollcy Number Policy Effective Policy Expiration Policy Limits Ltr. Date (MMlDD/YY) Date (MMlDD/YY) General Uability General Aggregate $ 2,000,000 Commerdal General Products-ComplOPS Liability Aggregate $ 20000,000 Personal & B K - Qcrorrence Version 602013292 01/23/2005 01/23/2006 Advertising Injury $ 1,000,000 Contractua1- Intidental Each Occurrence $ 1,000,000 Only Fire Damage (Any one lire) $ 50,000 Owners & Contractors Prot Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single B K All Owned Commerdal Umit $ 1,000,000 Autos 60201 3292 01/23/2005 01/23/2006 Bodily In~ury Scheduled Autos I (Per person $ Hired Autos I ~QY $ Non-Owned Autos Garage LIability I Property Damage $ Garage Aggregate $ -- Umbrella Liability Umit $ Workers' Compensation Statutory and Each Accident $ Employers' Liability Disease . Each Employee $ DIsease - Policy Umit $ Description of OperationsNehideslRestrictionslSpecial items: Certificate Holder Cancellation . City of Port Angeles Should any of the above described polides be cancelled before the expiration date Name . clo Communications Manager thereof. the issuing company will endeavor to mail 30 days written notice to the & . 321 E 5th certificate bolder named to the left. but failure to mail sucb notice shall impose no Address . Pt Angeles W A 98362 _lion ':'.....ty of"'Y,Z ::J" '" -""' """",,"tl_ '-fJ1/fi./; /;J; /J t: ) 7. Authorized Represe1itative - t 56-2492 4-94 Copy Distribution: Service Center Copy and Agent's Copy H-OJ