HomeMy WebLinkAbout5.298 Original ContractECONOMIC AND ENGINEERING SERVICES, INC.
P. O. Box 1989
Bellevue, WA 98009
(206) 451-8015
CONSULTING AGREEMENT
Work Order #70191
This Agreement is between Economic and Engineering Services, Inc., (herein EES) and the City of
Port Angeles, 321 East Fifth Avenue, Port Angeles, Washington 98362 (herein CLIENT).
I. SCOPE OF SERVICES
EES will provide consulting services to CLIENT for the following project: Prepare Opinion Letter in
Regard to the Electric Bond Issue.
$4,500.
II. COMPENSATION
Services provided by EES and costs incurred by EES under this Agreement are estimated to be
III. IDENTIFICATION OF CONSULTING AGREEMENT DOCUMENTS
This Agreement is comprised of pages 1 through 3. This is the entire Agreement of EES and CLIENT
and there are no agreements or conditions except as provided herein.
IV. METHOD OF PAYMENT REIMBURSEMENTS OF COSTS
EES may use the services of independent contractors to perform a portion of its obligations under
this Agreement. Services performed by independent contractors will be billed to CLIENT by EES at actual
cost.
The CLIENT is responsible for all out of pocket travel, food, lodging and incidental expenses
incurred by EES that are reasonably associated with the provision of services under this Agreement.
All invoices billed by EES to CLIENT shall be paid within thirty (30) days of receipt. All billings that
remain unpaid after thirty (30) days shall bear interest at the rate of 12 percent per annum until paid.
V. RELATIONSHIP OF CONTRACTING PARTIES
EES is an independent contractor under this Agreement. EES is not an agent or employee of
CLIENT. This Agreement gives no rights or benefits to anyone not named as a party to this Agreement and
there are no third party beneficiaries to this Agreement.
VI. MODIFICATION OF AGREEMENT
This Agreement can only be modified in writing.
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VII. PROTECT DATA AND DOCUMENTS
EES can rely upon the accuracy of all data furnished by CLIENT to EES that is used by EES in the
provision of services under this Agreement. EES has the right to retain and use all data furnished to it, and
all plans, designs, specifications and other work product created by EES during its provision of services
under this Agreement. No data provided by CLIENT shall be released to any third party without the
express written authorization of the CLIENT.
VIII. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the liability of EES for claims arising hereunder or for
services performed under this Agreement shall be limited in the following manner. The liability of EES shall
be limited to the total amount of professional fees collected by EES under this Agreement, or the amount of
the applicable limits of liability insurance then in force and available for claims of the type and nature
presented, whichever is less. EES shall not be held liable for indirect or consequential damages. The
limitation on liability provided by this section shall not apply to damages caused by EES' unauthorized
release of information provided by CLIENT.
IX. MUTUAL INDEMNIFICATION
EES and CLIENT each agree to indemnify and hold each other harmless against all personal injury,
death and property damage claims made by third parties (including claims by employees of CLIENT) that
arise as a result of their own sole or concurrent negligence, and against all losses, damages, costs, expenses
and attorney's fees associated therewith.
X. TERMINATION OF AGREEMENT
Either EES or CLIENT may terminate this Agreement upon thirty (30) days written notice to the
other sent to the addresses listed on page one of this Agreement. In the event CLIENT terminates this
Agreement, CLIENT specifically agrees to pay EES for all services rendered through the termination date.
XI. RESOLUTION OF DISPUTES
All disputes between EES and CLIENT of any kind or nature will be resolved by binding arbitration.
The law of the State of Ohio shall govern the interpretation of and the resolution of disputes under this
Agreement.
XII. ATTORNEYS' FEES
In the event of arbitration as provided in paragraph XI above, the prevailing party, as determined by
the arbitrator(s), will be awarded its attorneys' fees and costs.
XIII. MISCELLANEOUS
If any provision contained in this Agreement is held for any reason to be invalid, illegal or
unenforceable, the other provisions will remain in full force and effect. Neither party will assign all or any
part of this Agreement to any third party without the prior written consent of the other party. EES will not
be liable for damages or delay in its performance or for the direct or indirect costs that may result from acts
of God, acts of governmental authorities, strikes, riots, wars, lockouts, accidents, extraordinary weather
conditions, natural catastrophes, or other events beyond the control of EES.
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herein:
The following exhibits and attachments are incorporated in this Agreement as if fully set forth
N/A
INC. n
Date: Q 1 9
Date: l
XIV. INCORPORATED DOCUMENTS
XV. EXECUTION OF AGREEMENT
By:
By:
ECONOMIC ENGINEERING SERVICES,
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Title: Ste, a C
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