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16-105.03 Ogden Murphy Wallace: Mobilitie Legal Advice Consortium 16-lo5.o SCITY "\iftb OFFICE OF THE CITY ATTORNEY OF.�e CARY P. DRISKELL- CITY ATTORNEY ERIK J. LAMB- DEPUTY CITY ATTORNEY 4000.Eley® 10210 East Sprague Avenue • Spokane Valley, WA 99206 509.720.5105 ♦ Fax: 509.720-5095 • cityattorney®spokanevalley.org October 1, 2017 W. Scott Snyder Ogden Murphy Wallace, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164-2008 Re: Mobilitie/ROW Legal Advice Consortium Contract Extension Dear Scott: The City executed an Agreement with Ogden Murphy Wallace to analyze, draft and negotiate Mobilitie's (and other cell providers) request for proposed build-out of their facilities and placement of poles within the rights-of-way for a wireless backhaul service. The original Agreement states that the contract shall expire on June 1, 2017, unless extended in writing by the parties. We then completed an extension until October 1, 2017. As the negotiations on behalf of the consortium with Mobilitie are ongoing, the City wishes to extend their participation in the consortium to expire on January 1, 2018. The fees associated with consortium representation are as follows: $450/hour for W. Scott Snyder $400/hour for Elana Zana $300/hour for Daniel Kenny The fees associated with representation specific to the City are as follows: $320/hour for W. Scott Snyder $270/hour for Elana Zana $205/hour for Daniel Kenny All of the other provisions contained in the original Agreement, Amendment No. 01 which states the full list of all member cities, and Amendment No. 2 extending the Agreement shall remain in place and remain unchanged in exercising this extension. If you are in agreement with exercising this extension, please sign below to acknowledge the receipt and concurrence to perform the services. Please return two copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY OGDEN MURPHY WALLACE, P.L.L.C. Mark Calhoun, City Manager Name ih Title ATTEST: CAAAA,L--41A41414,..- Christine Bainbridge, City Clerk APPROVED AS TO FORM: A - Of of the rarr ttorney CO DrDATE /2017 Y) CERTIFICATE OF LIABILITY INSURANCE o5/31/31no17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THECERTIFICATE HOLDER.THiS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT • NAME: Parker,Smith&Feek,Inc. PHONE425-709-3600 'rive".Not:425-709-7460 2233 112th Avenue NE wiz.Eel: ADDRESS: Bellevue,WA 98004 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A: National Fire ins.Hartford INSURED INSURER B: Axis Surplus Insurance Company Ogden Murphy Wallace P.L.L.C. INSURERC: 901 5th Avenue Suite 3500 Seattle,WA 98164 INSURER D: INSURER E i INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 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 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR ALM SUER POLICY EFF POUCY EXP UNITS TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYYI (MMlDD/YYYYI A GENERAL ILny 60211107006/1/2017 6/1/2018 ;AGE TO RENTED $OCCURRENCE ' 2,000,000 X COMMERCIAL GENERAL LIABILITY X PREMISES(Es•-- -1 S 300,000 CLAIMS-MADE IT OCCUR MED EXP(Ani,one person) S 10,000 _PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE _S 4,000,000 GEN-T_AGGREGATE UNIT APPLIES PEI PRODUCTS-COMP/OP AGG $ 4,000,000 S POLICY JFK t F Loc COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE UABiUTY 6021110700 .6/112017 6/1/2018 (Ea acddantl BODILY INJURY(Per person) S ANY AUTO — AU.OWNED — SCHEDULEDAUTOS BODILY INJURY tA3 (Par ecddsnt) S X AUTOS X NON-OWNED PROPeERTYnn E -S HIRED AUTOS _AUTOS ewe $ UMBRELLA UAB H«�uR EACH_ OCCURRENCE S — EXCESS UAB CLAIMS-MADE AGGREGATE S $ DED RETENTION S WC STATU- OTH- A WORKERS COMPENSATION 6021110700 6/1/2017 6/1/2018. TORY I IMU- I x I T AND EMPLOYERS'LLRTNE Y YIN "WA Stop Gap ,E 4-EACH ACCIDENT $ 1,000,000 FR ANY CER/MEI`OR/PACLUDE EXECUiiVE a N I A OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEES 1,000,000 (Mandatory In NH) N yes,describe under EL.DISEASE-POLICY UNIT ,S 2,000,000 DESCRIPTION OF OPERATIONS below B Lawyers Professional Liability EGN7605700120176/1/2017 6/1/2018 10,000,000 Each Claim 10,000,000 Policy Agg DESCRIPTION OF OPERATIONS/LOCATIONS i VEHICLES(Attach ACORD 101,Additional Remarks Schedule If more apace Is required) Mobilitie consortium. City of Spokane Valley is an additional insured and coverage is primary and non-contributory on the general liability policy per the attached endorsements/forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BB CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley Attn:Susan Bullock 11707 E Sprague Ave,Suite 103 AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 , ?ry..4../....- ®1988-2010 ACORD CORPORATION. All rights reserved. AGGRO 25(2010/05) The ACORD name and logo are registered marks of ACORD