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5.375
CONSULTING SERVICES AGREEMENT
EES CONSULTING, INC.
Billing Address
PO Box 52810, Bellevue, Washington 98015-2810
(425) 452-9200
Work Order #14707
ThiS Consulting Services Agreement (herein Agreement) IS made between EES Consulting, Inc., (hereinafter "EES CONSULTING") and the Crty of Port Angeles, P.O 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 rts services In accordance with generally accepted professional practices EES CONSULTING shall, to the best of ItS knowledge and
belief, comply wrth 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 1,2000.
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 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 Llabllrty Insurance as reqUired by applicable state or federal law.
Comprehensive Vehicle Llabllrty Insurance covenng personal InJury and property damage claims arising 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 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 Notwrthstandlng 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 Mutuallndemmfication. EES CONSULTING agrees to Indemnify and hold harmless CLIENT and rts employees from and against any and all loss, cost, damage, or
expense of any kind and nature (Including, Without IImrtatlon, court costs, expenses, and reasonable attorneys' fees) arising out of Injury to persons 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 EES CONSULTING In the performance of rts work pursuant to or In connection With thiS Agreement to the extent of EES CONSULTING's
proportionate negligence, If any
CLIENT agrees to indemnify and hold harmless EES CONSULTING and rts employees from and against any and all loss, cost, damage, or expense of any kind and
nature (Including Without IImrtatlon, court costs, expenses and reasonable attorneys' fees) anslng out of Injury to person(s) or damage to property (Including, 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 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 erther party to thiS Agreement, the prevailing party shall be entrtled to ItS 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
CITY OF PORT ANGELES /' L1-
By N~_/L-t ~
Title
PreSident
Title Director of Public Works & Utili ties
Date:3-22-2000
EES CONSULTING, INC
By Gary Saleba
Date
January 1, 2000