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16-056.02 Epicenter Services: Solid Waste Collection ConsultingCONTRACT AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND EPICENTER SERVICES, LLC Spokane Valley Contract #16-056.02 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract for solid waste consultant services by and between the Parties, executed by the Parties on March 16, 2016, as amended on December 22, 2017, and which terminates on December 31, 2018. Said contract as amended shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed $57,500. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are as follows: Section 2. Term of Contract is hereby amended to change the term from December 31, 2018 to June 30, 2019. Upon execution of this Amendment, it shall read "This Agreement shall be in full force and effect upon execution and shall remain in effect until June 30, 2019, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date." Section 3. Compensation is hereby amended to change the compensation from $57,500 to an hourly basis. Upon execution of this Amendment, it shall read, "City agrees to pay Consultant an agreed upon hourly rate, not to exceed $67,500, as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore." All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment No. 2 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount March 16, 2016 $47,500.00 Amendment #1 December, 2017 $10,000.00 Amendment #2 November, 2018 $10,000.00 Total Amended Compensation 867,500 1 �cCQWf The parties have executed this Amendment to the Original Contract this IV day of -November, 2018. CITY OF SPOKA E VALLEY: ark Calhoun City Manager ATJ' ST. / f Christine Bainbridge, City Clerk 2 AP.PROV TO FORM: ft Office of Attorney RD ® ACERTIFICATE OF LIABILITY INSURANCE DATE 5/ ) 10/0208 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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(ies) 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). PRODUCER Trevor Holman Agency LLC 4061 ELIZA AVE BELLINGHAM, WA 98226 (360) 527-1100 (076/359) NAMEACT Trevor Holman Agency LLC PHONE (360) 527-1100 ,m No (855) 901-0134 A1C. No Extp E- DRFRR THOLMAN@amfam.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:American Family Mutual Insurance Company, S.I. 19275 INSURED Jeff Brown dba Epicenter Services LLC 1801 l St Apt 1 Bellingham, WA 98225 INSURER B : INSURER C INSURER D : INSURER E: 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. 1NSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS AUTOMOBILE LIABILITY 13 ANY AUTO 0 ALLOWNED • SCHEpULED AUTOS AUTOS o HIRED AUTOS 0 NON-TOOWNED AU ❑ • 2031-3899-01 05/18/2018 05/18/2019 BODILY INJURY (Per person) $ 1,250,000 BODILY INJURY (Per accident) $ 1,500,000 PR9 ., rDAMAGE ( ) $ 1,100,000 BODILY INJURY $ $ A pX COMMERCIAL GENERAL LIABILITY ❑ • CLAIMS -MADE ■ OCCUR 0 46-X10153-01 05/18/2018 05/18/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: ❑ POLICY 0 PROJECT 0 LOC III OTHER PRODUCTS -COMP/OP AGG $ 2,000,000 $ © UMBRELLA LIAB Ilii OCCUR 0 EXCESS LIAB Q CLAIMS -MADE 4600-8324-01 05/18/2018 05/18/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 $ • DED / RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YJ N ANY PROPRIETOR/PARTNER/EXECUTIVEI IE.L. OFFICER/MEMBER EXCLUDED? I (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A ❑STATUTE 1:3 OTHER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE TREVOR HOLMAN ACORD 26 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 46x10153-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Spokane Valley Location(s) Of Covered Operations: All locations where the Named Insured is performing ongoing operations for the Named Additional Insured Person(s) or Organizations(s). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily CG 20 10 07 04 injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or © ISO Properties, Inc,, 2004 Page 1 of 2 Stock No. 05781 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does riot apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 CG 2010 07 04 © ISO Properties, Inc„ 2004 Stock No. 05781