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Home My WebLink About5.459 Original Contract Consulting, Inc. @ December 21, 1998 Mr. Dan Sharpe Alder Mutual LIght Company Post Office Box 841 Elbe, WA 98330 Mr Charles Dawsey Mr. John Porter Benton Rural Electnc AssoCIatIon Post Office Box 1150 Prosser, W A 99350 Mr. Tom RIChardson CIty of Cheney 112 Anderson Road Cheney, W A 99004-1870 Mr. Mike Mcinnes Mr. Fred Mitchell Clallam County P V D Post Office Box 1117 Port Angeles, W A 98362 Mr. Wayne Nelson Mr. hm Sanders Clark Pubhc VtIl1lles Post Office Box 8900 Vancouver, WA 98668 Mr Russ Blount Town ofEatonvtlle Post Office Box 309 Eatonvtlle, W A 98328 Mr RIChard WICkwlre City of Ellensburg 420 North Pearl Street Ellensburg, W A 98926 Mr. Denms Wtlson Elmhurst Mutual Power & LIght 120 South 132nd Street Tacoma, W A 98444 Mr. Jan Chamberland CIty of Flrcrest 115 Ramsdell Street Flrcrest, W A 98466 Mr Stephen RomJue Mr. Don McMaster Grays Harbor P V D. Post Office Box 480 Aberdeen, W A 98520 Mr. George Harmon Killltas County PVD 1400 East Vantage Highway Ellensburg, W A 98926 Mr Donald Geiselman Lakeview LIght & Power Co Post Office Box 98979 Tacoma, WA 98498 Mr. Gary KallCh Mr. Dave Muller leWIS County P. V D Post Office Box 330 ChehalIs, W A 98532 SUBJECT: Contracts for 1999 Ladies and Gentlemen: Mr DICk Wtlson Mr Greg Kester Mason County P.V.D. No 1 North 21971 Highway 101 Shelton, W A 98584 Mr. Ed Blakemore Mr. Patnck McGary Ms. Wyla Woods Mason County P V.D. No 3 Post Office Box 2148 Shelton, W A 98584 Mr. John Wtlhams Mr. Leonard Sanderson CIty of Mtlton 1000 Laurel Street Muton, WA 98354 Mr Wuham Culhton Ohop Mutual LIght Co 34014 Mountam Highway E Eatonvtlle, W A 98328 Mr Doug Mtller PaCific County P V D Post Office Box 472 Rayrnond,WA 98577 Mr. James Shemll Parkland Light & Water Co Post Office Box 44426 Tacoma, WA 98444 5. </5'1 Mr. Robert E. Orton Mr Pat Maynard Peninsula LIght Company Post Office Box 78 Gig Harbor, W A 98335 Mr. Mark Schmman Mr Coe Hutchison Mr AI Aldnch Ms Barbara Beck Ms Peggy Crossman Snohomlsh County P V.D. Post Office Box ] 107 Everett, W A 98206 Mr hm Richards Mr Terry Huber Town ofStetlacoom 1715 Lafayette Street Stetlacoom, W A 98388 Mr Bob TItus City of Port Angeles P.O Box 1150 Port Angeles, W A 98362 Attached please find consulting and legal contracts for the 1999 scope of services for the Western Public Agencies Group (WPAG). If these contracts are acceptable, please sign and return one copy for our files. We have revised the inter-utility allocation formula to include the most recent available data. Please also review these data for accuracy. Post Office Box 52810 Bellevue, Washington 98015-2810 Telephone 425 452-9200 12011 Bel-Red Road, SUite 200 Bellevue, Washington 98005-2471 Facsimile 425452-9299 A registered profeSSional engineering corporation With offices in the Seattle and Portland metropolitan areas and an affiliate office in Calgary Western Public Agencies Group December 21, 1998 Page 2 Please feel free to call Terry or me if you have any questions. Thank you again for allowing EES Consulting and Marsh Mundorf Pratt & Sullivan to serve you for another year. Happy Holidays!! Very truly yours, ~ ~ cc: Terry Mundorf EES Consulting, Inc. Exhibit A Western Public Agencies Group 1999 Scope of Services and Budget The Western Public Agencies Group (WP AG) comprises 23 publicly owned utilities in the state of Washington: Benton County REA, Clallam County P.U.D. No.1, Clark Public Utilities, the City of Cheney, the City of Ellensburg, Grays Harbor County P.U.D. No.1, Kittitas County P.U.D. No.1, Lewis County P.U.D. No.1, Mason County P.U.D. No.1, Mason County P.U.D. No.3, Pacific County P.U.D. No.2, the City of Port Angeles, Snohomish County P.U.D. No.1, and members of the Pierce County Cooperative Power Association, which includes Alder Mutual Light Company, the Town of Eatonville, Elmhurst Mutual Power and Light Company, the City of Fircrest, Lakeview Light and Power Company, the City of Milton, Ohop Mutual Light Company, Parkland Light and Water Company, Peninsula Light Company and the Town of Steilacoom. Together the WP AG member utilities serve more than one million customers and purchase more than 12 billion kilowatt-hours from the Bonneville Power Administration ("Bonneville") each year. WP AG member utilities also own or receive output from more than 500 megawatts of non- Bonneville generation and purchase more than 400 megawatts of power from sources other than Bonneville. WP AG members are winter-peaking utilities with lower annual load factors. WP AG members' similar characteristics have caused them to join together to represent their interests before Bonneville, and in other forums in the Pacific Northwest and the United States since 1980. WPAG has intervened as a group in every major Bonneville rate proceeding since enactment of the Pacific Northwest Electric Power Planning and Conservation Act of 1980. WP AG's interests have also been represented in Congress, before the Northwest Power Planning Council, in the Regional Review process and in other regional forums. The scope of services presented here includes areas that various other organizations, of which WP AG members might also be members, cannot advocate for WP AG members due to conflicts of interest within those organizations. WP AG thus fills a need that is un met by membership in the Public Power Council, the Northwest Public Power Association, the Pacific Northwest Utilities Conference Committee and other similar groups. Scope of Services The 1999 scope of services for WP AG is proposed as follows: . Separation of Bonneville's Power and Transmission Businesses. Bonneville is currently evaluating the functional separation of its power and transmission businesses. Many entities are calling for legislative separation of these functions. The degree to which Bonneville succeeds in separating these businesses will have a major impact on Bonneville's future rate setting and power contracting activities, both in the near future . ' Exhibit A and after the current power sales contracts expire in the year 2001. EES Consulting, Inc. and Marsh Mundorf Pratt & Sullivan (MMP&S) will monitor these activities and assist WP AG in providing input as appropriate. . Independent System Operator (ISO). The Pacific Northwest region (the "Region") is again considering a major revamping of the operation, and perhaps the ownership, of the high- voltage transmission system. The implications of these developments would be substantial and long lasting. Participation in these activities, and consideration of potential membership in any new transmission entity, should be undertaken. EES Consulting and MMP&S will monitor these ISO activities and assist WP AG in considering membership to the extent appropriate. . BP A Subscription Process. BP A is currently reviewing the future products and services it will offer after 2001. The nature and pricing for these services will dramatically affect the future competitiveness of WP AG utility rates. EES Consulting and Marsh Mundorf Pratt & Sullivan will monitor this process on behalf of WP AG and report back on its developments. . BPA Direct Assignment Policy. At the current time, BPA is evaluating the appropriateness of "directly assignment" the costs of upgrading new facilities to utilities who purportedly benefit from the new investment. Historically, BP A has rolled many of these expansion- related costs into its general wheeling tariffs. EES Consulting and Marsh Mundorf Pratt & Sullivan will monitor this process and ensure WP AG interests and concerns are well articulated. . Transition Board Proceeding. The Transition Board continues to discuss the issue of BP A stranded costs. This Board will discuss whether BP A has any stranded costs and, if so, who should pay them. EES Consulting and Marsh Mundorf Pratt and Sullivan will participate in these Board discussions and notify WP AG members of any significant developments. . Industry Restructuring. The Washington State legislation will be dealing again with the thorny issues of industry restructuring in the state, and, if so, when and in what form. Given the deep interest that all of the WP AG members have in this area, it is anticipated that much of Marsh Mundorf Pratt & Sullivan's and EES Consulting's time during the first quarter of 1999 will be spent in this arena. We also anticipate staffing a WPAG office in OlYmpia with the assistance of Mason #3. . BPA Power Business Line (PBL) Rate Case. BPA has stated that the PBL rate case will intensify in January, 1999 and conclude in the third quarter of 1999. The need to follow this activity closely is obvious. EES Consulting and Marsh Mundorf Pratt and Sullivan will focus most of our activities during the second and third quarter of 1999 on this BP A rate case on behalf ofWPAG. As has been the case in past years, individual WP AG member utilities may choose not to participate in one or more elements of the above scope of services. The budget provided below, and the allocation that is attached, assumes that all member utilities will participate in all elements of the scope of services. 2 Exhibit A Budget The budget for the scope of services described above is calculated at the following billing rates for EES Consulting, Inc. and MMP&S: MMP&S Principal...................... .............. ........................... .................. ..... $115 per hour Associate ........ ............... ............. ................. ....................... .... .......1 05 per hour EES Consulting, Inc. President or Vice President........................................................$110 per hour Project Manager ............................................................................1 00 per hour Analyst or Engineer ................................................................ 80 - 95 per hour Clerical......... ........................ ............ ......................... ..............40 - 60 per hour These billing rates will remain in effect through December 31,1999. On the basis of the above billing rates, the combined labor budgets of EES Consulting, Inc. and MMP&S are estimated as follows: Function Estimated Labor Budget General WPAG Activities $100,000 PBL Rate Case 100,000 Slice Implementation 6,000* Staffing of Olympia 18.000 Total Labor Budget (excluding slice) $218,000 *$6,000 to be billed directly to those utilities participating in the slice implementation, Phase 1. The allocation of these labor charges will be roughly equal between EES Consulting, Inc. and MMP&S. In addition to labor costs, out-of-pocket expenses will be billed to WP AG members at their cost to EES Consulting and Marsh Mundorf Pratt & Sullivan. At 15 percent oflabor costs, it is estimated that $32,700 in total out-of-pocket expenses will be incurred for all work elements as a whole. Out-of-pocket costs will be billed by whichever organization actually incurs the expense. As always, the allocation of the budget among WP AG members is open to negotiation by the participants. We have attached an inter-utility allocation predicated on the most recent available utility data, assuming a 15 percent maximum allocation to anyone utility. This allocation assumes that all current WP AG member utilities will participate in all of the 1999 activities. We will use this allocation for billing unless the members advise us otherwise. An example of the budget's allocation is attached as Schedule 1. 3 Exhibit A Project Staffing The staffing for this project will be similar to that for past WP AG activities. Gary Saleba and Terry Mundorf will be the principal representatives for EES Consulting, Inc. and Marsh Mundorf Pratt & S'ullivan, respectively. Additionally, an ad hoc work group of technical representatives from each utility may be used to address specific needs. Briefings of all interested parties will be undertaken as needed, but will likely take place on a monthly basis. 4 Individual Utilities Benton Electric REA Clallam County PUD Clark Public Utlltles City of Cheney City of Ellensburg Grays Harbor County PUD Kittitas County PUD LewIs County PUD No.1 Mason County PUD No 1 Mason County PUD No 3 Pacific County PUD No.2 Peninsula Light Company City of Port Angeles Snohomlsh County PUD No.1 Pierce County Cooperative Power Association Alder Mutual Light Company Town of Eatonvllle Elmhurst Mutual Power and Light Company City of Fircrest Lakevlew Light and Power Company City of Milton Ohop Mutual Light Company Parkland Light and Water Company Town of Stellacoom Subtotal Piece County Cooperative Power Association Total Schedule 1 Western Public Agencies Group Proposed Budget for 1999 Scope of Services EES Consulting, Inc. and Marsh Mundorf Pratt & Sullivan Customers Energy Sales percent of number total ktlowatt-hours 133.000 ~ 1:~,i2o'1 :6,700" 313:30'31: ,,> ~ ' I ~l ,2;550;1 , ,,26;~94;1 , 4.469 ; '"'~; 1;:26,145, ,Y'H'W '~, " '+';7*"15*500::; ~ ^AVV'< l",^ '! ?';j"+:;~25f!500~ ~ ;bj: :9.608,,~ ,,' 1~51~OO'1 ~ ~_~_ 1 'v^ t 2.0% ,/;t;;~378;336; 151 .... ;"$" >e', 4 0% ",,;;r,t;' 5~~;438.272,; 21.9% 4,237,000.000;; 0.5%") o~;~1~S;ia~ 1.1 %; "76;?92;ooO 6.3% ;OO~f534,91'~,~ 0.4% ,". ,"" 56.328,776' 4.4% ,,8~,91.5~?,i8'7 0.7% ' 62,667,1€)41 4 3% 543,439,823 2.5% 27,,6,609:933> 4.1% tJ~!3' '" 1 6% 500 <1" ",_vvv v 40.3% I 713~8;.}~;()~Os 'r.;" , 0.0% i0$"Cr 2,979,222,'( 0.1% ::~~~f '18:71'7,584,; 1.9% ~~' 241',6H,944'. ,., ,. ,,$, ~ l 0.4%" , 37,791 :915" 1.4 % ," i~~.4~i~7~1~t.~~ 04% ',,'2?5,~"Z2:510o/ "v" y ,'<i'",,, *'~ q:"<-~ 05% ' " 55,972,716.' o 6% ,1 00}1 08,600.. 10" i 'tA~ #'J?i ~ 0.4% ,+)~9;699f3!l1t: 59% 828,170,589 1000% 16,572,392,009 Investment percent of total dollars 2.3% '::~,Lijt~;f~19~~5~9 3.1 % :$3' o'1t,7;299;531 'j 25.6% t$t: 297,932;000'; o y '4 ,~^ < ;- W" '<< " , o 6% '$ :!2;253;239' 1.1% $ .~s:1~;?58,1~2. 6.1% $ ;'.~1'10!M6,6,~'2.; 0.3% '. 10,006,074 ~ f" ~ <'j~4'~-'> <, 0.5% , / 91,6PJ13~e6.~ 0.4% '11,21~~36r:' 3.3% . 85,215,048 1.7% ..$r;; 30, ;:58,973;. l'v..!= '" '<v:t, ! ,<< 2 8%.$ 32,' OQ: 3 0% ~$' 22, ~oolt; 44.3% $ ,1j~1'p,t~!9,oqp , 0.0% '$ 27.1\1'66 ~I 0.1% .~'i~> 1;026;676,. ~,l" '<"<~"'?/" ~;1 1.5% +$. ,14,73~.154" 0.2% f.$If.;!. 2,81'9;508.4 1.7% *$"" 9,72Z;(i7l. 0.3% $ ," )'1,965,963 ", 03% $,.,Ip,002.035 0.6% ' $ ';;)00/' 9;900;000') ;A ~ ' 0.2% ~$. ,::2,~~~,('6;t 5.0% $ 50,381,936 100.0% $ 2,102,633,307 Note: allocallon percentages assume full partiCipation by all member utilities and Will be reVised If members are added or removed. December 15, 1998 Total Budget Labor Expenses Total Average of Customers, Energy Sales and Investment With 15% Budget Allocation Without Cap Cap with Cap percent of percent of total total dollars 2.2% 50% $ 12,641 3.1% 6.9% $ 17.230 20.5% 15.0% $ 37,605 0.4% 09% $ 2.313 0.9% 2.1% $ 5,211 5.9% 13.1% $ 32,887 0.4% 0.9% $ 2,326 3.1% 69% $ 17.388 0.5% 12% $ 3,047 3.9% 87% $ 21,764 1.9% 4.2% $ 10,456 28% 6.1% $ 15,326 1.9% 4.2% $ 10,543 47.9% 150% $ 37,605 0.0% 00% $ 122 0.1% 0.2% $ 554 1.4% 30% $ 7,479 02% 05% $ 1,344 1.2% 2.6% $ 6,480 0.3% 0.6% $ 1,545 0.4% 09% $ 2,220 0.6% 1.3% $ 3,142 0.3% 0.6% $ 1,472 4.4% 9.7% $ 24,359 1000% 100.0% $ 250,700 percent of total 2.4% 2.2% 14.2% 0.1% 0.6% 5.2% 0.5% 4.4% 0.5% 4.1% 1.5% 1.5% 1.0% 593% 0.0% 0.0% 0.7% 0.1% 0.5% 01% 03% 05% 0.1% 2.4% 1000% CONSULTING SERVICES AGREEMENT EES CONSULTING, INC. Billing Address P.O. Box 52810, Bellevue, Washmgton 98015-2810 (425) 452-9200 Work Order #14707 This Consu~ing Services Agreement (herem Agreement) IS made between EES Consu~lng, Inc., (hereinafter "EES CONSULTING") and City of Port Angeles, PO. Box 1150, Port Angeles, WA 98362 (hereinafter "CLlENT"). I. SCOPE, COMPENSATION AND QUAUTY OF CONSULTING SERVICES EES CONSULTING'wl1I provide the services and be compensated for these services as descnbed In Exhlbrt A, attached hereto. EES CONSULTING shall render ItS services In accordance wrth generally accepted professional practices. EES CONSULTING shall, to the best of Its knowledge and belief, comply wrth applicable laws, ordinances, codes, rules, regulalions, permrts and other published requirements In effect on the date thiS Agreement IS signed. II. TERMS & CONDmONS OF CONSULTING SERVICES AGREEMENT 1. Timing of Work. EES CONSULTING shall commence work on or about January 1, 1999. 2. Relationship of Parties, No Third-Party Beneficiaries. EES CONSULTING IS an Independent contractor under thiS Agreement This Agreement gives no nghts or benefrts to anyone not named as a party to thiS Agreement, and there are no third party benefICiaries to thiS Agreement. 3. Insurance. a. Insurance of EES CONSULTING. EES CONSULTING will maintain throughout the performance of thiS Agreement the follOWing types and amounts of Insurance. Worker's Compensation and Employer's Liability Insurance as reqUired by applicable state or federal law II. ComprehenSive Vehicle liability Insurance covenng personal Injury and property damage claims arising from the use of motor vehicles wrth combmed single IImrts of $1,000,000 III. Commercial General Liability Insurance covenng claims for personal mJury and property damage wrth combined single IImrts of $1,000,000. IV. Professional Liability (Errors and Omissions, on a claims-made baSIS) Insurance wrth IImrts of $1 ,000,000 b. Interpretation Notwithstanding any other provlslon(s) In thiS Agreement, nothing shall be construed or enforced so as to VOid, negate or adversely affect any otherwise applicable Insurance held by any party to thiS Agreement. 4. Mutual Indemnification. EES CONSULTING agrees to Indemnify and hold harmless CLIENT and ItS employees from and against any and all loss, cost, damage, or expense of any kind and nature (Includmg, wrthout IImrtatlon, court costs, expenses, and reasonable attorneys' fees) arising out of Injury to persons or damage to property (Includmg, wrthout limitation, property of CLIENT, EES CONSULTING, and their respectIVe employees, agents, licensees, and representatives) In any manner caused by the negligent acts or omiSSions of EES CONSULTING In the performance of Its work pursuant to or In connection wrth thiS Agreement to the extent of EES CONSULTING's proportionate negligence, If any CLIENT agrees to mdemnlfy and hold harmless EES CONSULTING and rts employees from and against any and all loss, cost, damage, or expense of any kmd and nature (Including wrthout IImrtalion, court costs, expenses and reasonable attorneys' fees) arising out of Injury to person(s) or damage to property (Including, wrthout IImrtatlon, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees and representatives) In any manner caused by the negligent acts or omissions of CLIENT or other(s) wrth whom CLIENT contracts ("CLIENT's agents") to perform work pursuant to or m connection wrth thiS Agreement, to the extent of CLIENT's or CLIENT's agents proportionate negligence, If any. 5 Resolution of Disputes, Attorneys' Fees The law of the State of Washington shall govern the Interpretation of and the resolution of disputes under thiS Agreement. If any claim, at law or otherwise, IS made by erther party to thiS Agreement, the prevailing party shall be entrtled to rts costs and reasonable attorneys' fees. 6. Termination of Agreement Either EES CONSULTING or CLIENT may terminate thiS Agreement upon thirty (30) days wrrtten notice to the other sent to the addresses listed herein. In the event CLIENT terminates thiS agreement, CLIENT specifically agrees to pay EES CONSULTING for all services rendered through the termination date. EES CONSULTING, INC ~ CI~PORTANGELE() ~ Byl:J~ ~CV'- Title ~ ('()~ Date' II ~7fqCj , By: Gary Saleba Title' PreSident Date: January 1, 1999 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made between BENTON RURAL ELECTRIC ASSOCIATION, WASHINGTON; CITY OF PORT ANGELES, WASHINGTON; CITY OF CHENEY, WASHINGTON; CITY OF ELLENSBURG, WASHINGTON; CITY OF FIRCREST, WASHINGTON; CITY OF MILTON, WASHINGTON; TOWN OF EATONVILLE, WASHINGTON; TOWN OF STEILACOOM, WASHINGTON; ALDER MUTUAL LIGHT COMPANY, ELMHURST MUTUAL POWER AND LIGHT COMPANY, WASHINGTON; LAKEVIEW LIGHT AND POWER COMPANY, WASHINGTON; OHOP MUTUAL LIGHT COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY, WASHINGTON; PENINSULA LIGHT COMPANY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF GRAYS HARBOR, WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.1 OF LEWIS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.1 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO.2 OF PACIFIC COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON; (Public Utilities); and MARSH MUNDORF PRATT & SULLIVAN (Attorney) for the provision oflegal services and the payment of compensation as specified herein. WHEREAS, the Public Utilities presently purchase electric power from the Bonneville Power Administration (BP A) pursuant to wholesale rate schedules determined by BP A after public hearing pursuant to Section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (Act); WHEREAS, BP A is considering adoption of various policies, rate forms and long-term contracts which would have a major impact on the wholesale rates of the Public Utilities, and WHEREAS, BP A is preparing to conduct hearings and public processes to decide issues which will affect Bonneville's wholesale rate schedules and Power Sales Contracts for the Public Utilities; and WHEREAS, the Public Utilities wish to actively participate in these hearings and processes to protect the interests of their ratepayers, and WHEREAS, the Public Utilities may wish to diversify their power supply sources, It is Therefore Agreed That: 1. The Attorney shall advise, assist and appear on behalf of the Public Utilities in hearings and public processes relating to issues set forth Exhibit A referenced herein attached and as directed by the Public Utilities. 2. Public Utilities shall compensate the Attorney for these services at an average hourly rate not to exceed $115.00. Out-of-pocket expenses, such as telephone, telecopy, copying and postage, and reasonable and necessary travel expenses shall be in addition to the hourly rate. The Attorney shall send each of the Public Utilities an itemized statement for legal services rendered and out-of-pocket expenses on a montWy basis. Page 1 of2 3. The Attorney fees and out-of-pocket expenses incurred hereunder shall be divided among the Public Utilities according to the formulas attached in Exhibit A. 4. The activities encompassed by this Agreement are set forth in Exhibit A attached hereto. No other activities shall be undertaken without prior authorization of the Public Utilities. It is understood that the length and amount of work necessary in these proceedings is unique and the cost may exceed these estimates. S. Files of the Attorney relating directly to the foregoing legal services shall be available for examination by the authorized representative of the Public Utilities or their attorneys and shall, upon reasonable request, be turned over the Public Utilities if the Attorney ceases to act as attorney for the Public Utilities. 6. Because the attorney-client relationship is dependent upon mutual trust and full confidence, an individual Public Utility, the Public Utilities collectively, or the Attorney may terminate this Agreement at any time upon written notice. Date: January 1. 1999 MAR~ MUNDORF PRATT & SULLNAN By: ~ :< ~~~ Terence L. Mundort- UTILITY Date: I {;l7(QCj i1e ~~ Page 20f2 O. <l6q CONSULTING SERVICES AGREEMENT EES CONSULTING, INC. Billing Address PO Box 52810, Bellevue, Washington 98015-2810 (425) 452-9200 ( Work Order #14705 ThiS Consultmg Services Agreement (herein Agreement) IS made between EES Consulting, Inc , (hereinafter "EES CONSULTING") and the City of Port Angeles, PO Box 1150, Port Angeles, WA 98362 (hereinafter "CLIENT") I. SCOPE, COMPENSATION AND QUALITY OF CONSULTING SERVICES EES CONSULTING will proVide the services and be compensated for these services as descnbed In Exhibit A, attached hereto EES CONSULTING shall render Its services In accordance With generally accepted profeSSional practices EES CONSULTING shall, to the best of Its knowledge and belief, comply With applicable laws, ordinances, codes, rules, regulations, permits and other published reqUirements In effect on the date thiS Agreement IS signed. II. TERMS & CONDITIONS OF CONSULTING SERVICES AGREEMENT Timing of Work EES CONSULTING shall commence work on or about January 1, 1998 2 Relationship of PartIes, No Third-Party Beneficiaries EES CONSULTING IS an Independent contractor under thiS Agreement ThiS Agreement gives no nghts or benefits to anyone not named as a party to thiS Agreement, and there are no third party beneficlanes to thiS Agreement 3 Insurance a Insurance of EES CONSULTING EES CONSULTING Will maintain throughout the performance of, thiS Agreement the follOWing types and amounts of Insurance Worker's Compensation and Employer's Liability Insurance as reqUired by applicable state or federal law ComprehenSive Vehicle Liability Insurance covenng personal Injury and property damage claims anslng from the use of motor vehicles With combined Single limits of $1 ,000,000 III CommerCial General Liability Insurance covenng claims for personal Injury and property damage With combined Single limits of $1,000,000 IV ProfeSSional liability (Errors and Omissions. on a claims-made baSIS) Insurance With limits of $1.000.000 b Interpretation Notwithstanding any other provlslon(s) In thiS Agreement. nothing shall be construed or enforced so as to VOid, negate or adversely affect any otherwise applicable Insurance held by any party to thiS Agreement 4 Mutuallndemnlfication EES CONSULTING agrees to Indemmfy and hold harmless CLIENT and Its employees from and against any and all loss. cost. damage. or expense of any kind and nature (Including, WithOUt limitation, court costs, expenses, and reasonable attorneys' fees) anslng out of Injury to persons or damage to property (mcludlng. Without limitation. property of CLIENT. EES CONSULTING, and their respective employees. agents, licensees. and 'representatives) In any manner caused by the negligent acts or omiSSions of EES CONSULTING In the performance of ItS work pursuant to or In connection With thiS Agreement to the extent of EES CONSULTING's proportionate negligence, If any CLIENT agrees to Indemmfy and hold harmless EES CONSULTING and Its employees from and against any and all loss, cost. damage, or expense of any kind and nature (Including Without limitation, court costs, expenses and reasonable attorneys' fees) anslng out of Injury to person(s) or damage to property (Including. WithOUt limitation, property of CLIENT. EES CONSULTING, and their respective employees, agents. licensees and representatives) In any manner caused by the negligent acts or omiSSions of CLIENT or other(s) With whom CLIENT contracts ("CLIENT's agents") to perform work pursuant to or In connection With thiS Agreement. to the extent of CLIENT's or CLIENT's agents proportionate negligence, If any 5 Resolution of Disputes, Attorneys' Fees The law of the State of Washington shall govern the Interpretation of and the resolution of disputes under thiS Agreement If any claim, at law or otherwise, IS made by either party to thiS Agreement, the prevailing party shall be entitled to Its costs and reasonable attorneys' fees 6 Termination of Agreement Either EES CONSULTING or CLIENT may terminate thiS Agreement upon thirty (30) days written notice to the other sent to the addresses listed herem In the event CLIENT terminates thiS agreement. CLIENT specifically agrees to pay EES CONSULTING for all services rendered through the termination date EES CONSULTING, INC ::T~ Title bE.P\JTY [),nECTolL Of Urn__trV SETZV/c.ES B Title PreSident Date January 1. 1998 Date l/!rojqS