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HomeMy WebLinkAbout5.950 Original Contract 5. 950 ;" AGREEMENT FOR ELECTRIC UTILITY ANSWERING AND DISPATCH SERVICES This Agreement is entered into this 1 sl day of June, 2009, by and between Security Services Northwest, Incorporated, a Washington corporation, ("Contractor"), and the City of Port Angeles, a municipal corporation, ( "City"). F or and in consideration ofthe mutual covenants and benefits herein, the parties hereby agree as follows: 1. SCOPE OF SERVICES. Contractor agrees to provide telephone answering and dispatching services for the City of Port Angeles, electric utility, at the hours and on the days specified in Exhibit "A", herein. 2. STANDARD OF SERVICE. Contractor agrees to provide the services under this agreement in a professional, ethical and competent manner, in accordance with the generally accepted standards for provision of said services within the industry. 3. TERM. This agreement shall be for the term commencing on the date above and shall continue for a period oftwelve (12) months unless sooner terminated in accordance with provisions ofthis agreement. Subsequent to this initial twelve (12) month period, the contract shall continue on a month-to-month bases, until either party gives the other party ninety (90) days prior written notice specifying the date of termination. 4. COMPENSATION. The City will compensate Contractor for services performed herein in the amount of $600.00 per month. In addition to the monthly fee the City further agrees to compensate Contractor the additional amount of$360.00 in the event of a major outage which results in 300 or more calls within a 24 hour period "see Exhibit 'A'." Payments to Contractor for services shall be made by the City pursuant to the payment/voucher schedule of the City's Finance Department within thirty (30) days upon receipt by the City of a properly completed invoice. 5. INDEPENDENT CONTRACTOR STATUS. The relationship created by this agreement is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to benefits provided by the City to its employees. Contractor, as an independent contractor, has the authority to control and direct the performance of the details ofthe service to be provided. The Contractor shall assume full responsibility for the payment of all federal, state, and local taxes or contributions imposed or required, including but not limited to, unemployment insurance, social security, income tax and workers compensation. 6. ASSIGNMENT. This agreement may not be assigned by either party except with prior written consent of the other. Project LO-09-004 -1- 7. BREACH. A. In the event of either party's material breach of the terms or conditions of this agreement, the non-breaching party reserves the right to withhold payment for services until corrective action has been taken or completed. However, the parties shall not exercise this right until they have given written notice of such material breach to the breaching party and ten (10) days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this agreement or any other right that state law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any ofthe duties imposed upon it by this agreement, such material breach shall entitle the other party to terminate this agreement, provided that the party desiring to terminate for such cause shall give the offending party at least twenty (20) days written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this agreement shall be deemed complete. 8. NON-DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, in particular; B. Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions coming from qualified individuals who are members of minorities protected by federal equal employment/affirmative action requirements; and, C. Contractor shall comply with all requirements of applicable federal, state, or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 9. HOLD HARMLESS AND INDEMNITY. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Project LO-09-004 -2- 10. INSURANCE. The Contractor shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damaged property which may arise from or in connection with the performance ofthe work hereunder by the Contractor, its agents, or representatives, or employees. 11. NO LIMIT A nON. Contractor's maintenance of insurance is required by the agreement, it shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: (1) Commercial general liability insurance shall be written on ISO occurrence form CG 00 Oland shall cover liability arising from premises, operations, independent contractors and personal injury. City shall be named on the contractor's commercial general liability insurance policy with respect to the work performed for the City. B. Minimum Amounts of Insurance. The Supplier shall maintain the following insurance limits: (1) Commercial general liability insurance shall be written with limits not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. C. Other Insurance Provisions. Insurance policies are to contain, or be endorsed to contain the following provisions: (1) The Contractor's insurance shall be primary insurance as respect to the City. Any insurance, self insurance, or insurance full coverage maintained by the City shall be in excess to the Contractor's insurance, and shall not contribute with it. (2) The Contractor's insurance shall be endorsed, state the coverage, and shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability ofInsurance. (1) Insurance is to be placed with insurers with a current A.M. Best Rating of not less than A:VII. Project LO-09-004 -3- E. Verification of Coverage. The Contractor shall furnish the City with the original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement ofthe work. 12. APPLICABLE LAWNENUE. Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The parties agree that should any dispute arise between them, venue for any legal actions shall be with the Superior Court of Clallam County, Washington. 13. ENTIRE CONTRACT. The parties agree that this agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this agreement shall be in writing and signed by both parties. 14. ANTI-DEFICIENCY ACT CLAUSE. Nothing contained in the agreement shall be construed as (1) binding to the City to expend in anyone calendar year any sum in excess of appropriations made by the City in its budget process for the purposes of this agreement for that calendar year or (2) obligating the City to further expenditure of money in excess of such appropriations. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES SECURITY SERVICES NORTHWEST, INe. BY:~//.d"- .......,.President A TrEsT: APPROVED AS TO FORM: G: lLegal ~ BackuplAG REEM ENTS&CONTRA CTS\2009 Agrrnts&ContractslAfter. hours. telephone.svcs.agmt. 050809. wpd Project LO-09-004 -4- EXHIBIT" A" CITY OF PORT ANGELES ELECTRIC UTILITY ANSWERING AND DISPATCH SERVICES General Scope. Answering and dispatching services for City of Port Angeles Electric Utility. Hours of Operations. Monday through Friday: Between the Hours of 1700 to 0800. Saturday, Sunday, and all Legal holidays: 24 hours City of Port Angeles Utility Point of Contact: James Klarr, Light Operations Manager, 360-417- 4731 or 360-461-1469 City of Port Angeles Contracting Point of Contact: Lucy Hanley, Contract Specialist, 360-417- 4541 Additional Service Charge: In the event that a major disruption event occurs which would require additional dispatching services, the additional cost of $360.00 per day is set. Such an outage is defined as one that results in 300 or more calls within a 24 hour period of time. When 200 calls have been reached in a 24 hour period, the Contractor will notify either the City of Port Angeles utility point-of-contact and/or the City of Port Angeles contracting specialist. Prior to the 300 call level in a day being reached or within 40 minutes of such notification, whichever is later, the City may notify the Contractor that it elects to transfer dispatching services to City responsibility for the duration of the major disruption event for which no additional charge will be incurred. If the City fails to make such notification or chooses to accept the additional services, the first daily $360.00 per day charge will be incurred and will continue on a daily basis until such time as dispatching services are transferred to City responsibility or the major disruption event is complete and normal operations can be resumed. General Work Requirements 1. Contractor shall conduct all work described below in a professional manner. 2. Contractor shall provide the City of Port Angeles answering and dispatching services. 3. Contractor shall answer all calls relating to the City of Port Angeles' electric utility. The Contractor shall log the time of calls, names of callers if provided, addresses that calls pertain to, and City personnel contacted if notified. If City personnel are contacted by any means, the Contractor shall log who was contacted, time the call took place, reason(s) the City personnel was contacted, and if or not the event warranted a response from City personnel. The logs shall be emailed to the City during regular business hours to the following email addresses: James Klarr at jklarr@cityofpa.us, Kathy Trainor at ktrainor@cityofpa.us, and Bob Williams at bwilliam@cityofpa.us. Project LO-09-004 -5- 4. Contractor is required to answer all City of Port Angeles electric utility incoming calls during off-duty hours and office closures. Contractor's operations shall be Monday through Friday between the hours of 1700 to 0800. Including 24 hours on Saturday, Sunday, and all Legal holidays. 5. The attached "After Hours Script" represents questions that might be asked by callers about the City of Port Angeles Electric Utility. The script is provided as general guidance and does not cover all questions or requests that might occur for City Electric Utility calls. The Contractor shall use professional judgment when answering and responding to City of Port Angeles' Electric Utility calls. 6. Contractor shall notify the appropriate listed City personnel using the "After Hours Call List", a sample of which is attached. This list will be updated periodically by the City Electric Utility. Project LO-09-004 -6- AFTER HOURS SCRIPT City of Port Angeles MY POWER IS OUT When did you lose power? When 1 came home it was already off Did you have a door hanger on your door? Yes ... Call Finance No ... What color is the seal on your meter? Green. .. Call Finance Black... Call Finance Blue ... Call Light Ops Red. .. Call Light Ops My power just went out Is your neighbor's power out also? Are street lights out too? Yes ... Call Light Ops No ... Have you checked your main breaker? Yes ... Call Light Ops No ... Check your breaker, if still no power... Call Light Ops 1'm just moving in (over the weekend) and have no power... Call Finance Any time a customer talks about financial issues for billing and power tum-offs, Call Finance at 360-775-5182. STREET LIGHT OUT OR RELATED PROBLEM Street Light not working Individual street or yard lights can wait until next business day If areas of street lights are out, Call Light Op TRAFFIC SIGNALS Traffic Signal light out... Call Light Ops starting with Traffic Signal First Call list WalkIDon't Walk lights ... Can wait until the next working day Project LO-09-004 -7- LIGHT OPERATIONS AFTER HOURS CALL LIST POWER RELATED - FIRST CALL LIST rtCall rd Call Logan Deane...........460-7391 George Drake..........457-1522 Richard Hixson.......457-1395 461-7470 Brent Robinson.......461-5763 Bruce RowIey.........457-3187 Jim Shay.................457-9043 Brian Wahto...........808-2152 457-0081 BACKUP POWER RELATED FIRST CALL LIST rt Call 2nd Call Bobby Williams......457-0924 460-0577 Meterman Vem Daugaard........457-4864 Tabin Beckett..........457-0141 Greg McCabe..........461-2412 Lisa Hainstock.........452-7982 460-5896 Project LO-09-004 -8- TRAFFIC SIGNALS - FIRST CALL LIST rtCall Trent Peppard.........775-5320 Tod Eisele..............457-1 029 AIOman.................457-3230 rd Call Backup for Traffic Signal First Call List, refer to Power Related First Call List. ON DUTY CELL PHONE NUMBERS George Drake................808-5802 Bruce RowIey................808-3980 Brian Wahto..................808-5724 Al Oman....................... .460- 5696 Trent Peppard................808-2613 Tod EiseIe.....................460-8417 Bobby Williams............808-9553 . .. Call Jim Klarr only if you're unable to reach anyone else. If Jim Klarr is not available, contact Terry Dahlquist or Mike Puntenney. Jim Klarr......................................... ..461-1469 Operations Manager Terry Dahlquist................................. .452-4621 Electrical Engineer Mike Puntenney................................ .565-0 181 Deputy Director Public Works Light Operations Fax: 360-417-4749 To reach the answering service, call 360-565-5050 Project LO-09-004 -9-