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Home My WebLink AboutPK04-128 - Original - Kent Lions Club - Saturday Farmer's Market - 03/22/2023 ords MA PC%, KENT Document WASHIHOTOH CONTRACT COVER SHEET This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed,If you have questions, please contact City Clerks Office. Vendor Name: &ak Vendor Number: JD Edwards Nu er Contract Number: This is assigned by Deputy City Clerk Description: ... (.c� r 191,E ZT Detail: Project Name: Contract Effective Date: ( Termination Date:. 4'Uv'7 Contract Renewal Notice (Days): Aq fe 6&u1k I/ e)�IA Aw l � Number of days required notice for termin Lion or renewal or 46endAnt Contract Manager: 16- 6�ML Department: r� Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 �•/ KENT WASHINGTON USE PERMIT AND SERVICE AGREEMENT This Agreement is entered into between the CITY OF KENT, a Washington municipal corporation (hereinafter "City"), and KENT LIONS CLUB, a Washington non-profit corporation (hereinafter"Kent Lions"), whose address is P.O. Box 5094, Kent, Washington 98064. RECITALS 1. The City of Kent, as part of a long-term plan to revitalize activity in its historic downtown core, finds that operation of a downtown farmer's market would significantly contribute to increased pedestrian and retail activity in its downtown core on Saturdays, which has traditionally been a low activity period in Kent's downtown. 2. Kent Lions will operate a market commonly known as the Kent Saturday Market (hereinafter "Market") if the City will provide appropriate space to operate the Market and also provide certain basic operational amenities. 3 Kent Lions desires to enter into an Agreement with the City for use of the north section of the City's parking lot located south of and directly adjacent to Smith Street between 4"'Avenue and 2nd Avenue for the Market. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Kent Lions as follows: I. RECITALS AND FINDINGS INCORPORATED The foregoing recitals and findings are incorporated into the body of this Agreement as if fully set forth. II. FACILITIES PERMIT The City will provide Kent Lions this non-exclusive permit to utilize that portion of the City's parking lot (north section of the parking lot located between Second and Fourth Avenues USE PERMIT AND SERVICE AGREEMENT- 1 and facing Smith Street in downtown Kent), which is more particularly identified in Exhibit A attached and incorporated by this reference for the purpose of operating the Market as follows. A. Kent Lions may use the parking lot on Saturdays between June 1 and September 30, as well as other dates mutually agreed upon in wnting between the parties B. The primary use of the Market will be for the sale of agricultural products (i.e., fruits, vegetables, flowers, trees, and plants), and the sale of crafts or other items will be secondary to the sale of agncultural products. C. Kent Lions shall reasonably cant' out the uses allowed within the property so as not to interfere with the City's use and operation of the property. D Kent Lions' use of the property shall not restrict or interfere with City vehicle access. E. Kent Lions shall maintain the property in good condition, shall clean any debris and litter, and shall be responsible for any property damage resulting from its use of the property. III. SERVICES PROVIDED The City shall provide the following services, specifically: garbage service, portable toilet services, electricity, water, general maintenance, cleaning of the parking lot, and installation of street and sign banners. The City may provide additional services to Kent Lions as it deems appropriate, and the City will use its best efforts to negotiate and provide, where practical, the items or services listed as "Expectations of the City," as amended by handwritten notations by John Hodgson, the City's Parks, Recreation and Community Services Director, dated April 10, 2003, and which is attached and incorporated as Exhibit C. IV. TERM AND TERMINATION This Agreement shall commence on the effective date established below and shall remain in effect through December 31, 2004. Thereafter, this Agreement shall automatically renew for four(4) additional one year periods. The parties agree that either party may terminate this Agreement at any time, with or without cause, upon providing not less than thirty (30) days prior wntten notification to the other party. However, should either party decade to terminate this Agreement so that the termination date falls between May 1 and September 30 of any year, then the required advance notice period shall be extended to ninety (90)days USE PERMIT AND SERVICE AGREEMENT-2 V. INDEMNIFICATION Kent Lions shall indemnify, defend, and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, injuries, damages, costs, losses or suits, including legal costs and attorney fees, ansing from or connected with Kent Lions or any of Kent Lions'employees, agents, volunteers, or subcontractors' performance of this Agreement,except for(1) damages or injuries resulting from the City's sole negligence or(2) hidden defects in the City's property or chattels of which the Kent Lions has no knowledge, on the prior condition that the Kent Lions has expended all reasonable efforts to inspect the City's property and chattels before use by the Kent Lions or the Market's vendors or customers. VI. INSURANCE Kent Lions shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, which is attached and incorporated by this reference VN. COMPLIANCE WITH LAWS Except as otherwise provided in this Agreement, Kent Lions will obtain, at its cost, all other local, state, and federal permits, licenses, or other approvals required to operate the Market. Further, Kent Lions shall comply with all local, state, and federal laws, rules, and regulations in its operation and management of the Market. Vlll. ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of an officer or other representative of the City, and such statements shall not be Y P Y� effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties is contained in this Agreement and any attached exhibits. IX. WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Kent Lions. USE PERMIT AND SERVICE AGREEMENT-3 X. ASSIGNMENT Any assignment of this Agreement by Kent Lions without the written consent of the City shall be void; however, Kent Lions may enter into agreements with Market vendors to assign stalls or other areas for Market purposes. XI. WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses listed on the signature page, unless notified to the contrary. Any written notice shall become effective on the date personally served or, if mailed, as of the date of marling, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as the parties may subsequently specify in writing. XII. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. XIII. RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the Mayor cannot resolve the dispute, misunderstanding, or conflict between the parties within fourteen (14) days, the parties will first refer the dispute to a mutually agreed upon mediator or arbitrator If mediation fails, or either party appeals the decision after arbitration, jurisdiction of any resulting litigation shall be solely with the Superior Court of King County, Washington. In any claim, mediation, arbitration, or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VI of this Agreement. USE PERMIT AND SERVICE AGREEMENT-4 L IN WITNESS WHEREOF, the parties have executed this Agreement, which shall take effect on the last date entered below. KENT LIONS CLUB CITY OF ENT AkBy: paou. t' Mw_ By. Euge'�&McCoy, Signito JimAliiti, Miyor PO Box 5094 2210,fourth Avenue South Kent, WA 98064 Kent, WA 98032 Dated: '>� / q Dated: -,?—a, O5Z ATTEST: By: Brenda Jacober, City rk APPROVED AS TO FORM By: Tom Brubaker, City Attorney P 1CWREg4gnrtlks'07WV(emllons Wikvftepem1 do, USE PERMIT AND SERVICE AGREEMENT-5 o �►- z 3nNSAV 31VSS i re; � ji o Cl❑ ❑ 'N 3nN3AV IVNLN30 w ® � ®❑ ❑ Cc In ❑ WC❑ a ❑o ❑ 'N 3nN3Ab aeoiny `� l�J Y _ tllP/}O ut LP � •L•titx�.: ' AV 7� 3 i � N AV ON Ogg ---------------- ❑ cc a t=1 Ul �C W W U051 (L 1Lh-C � N ¢ ❑ u cT 1a1 �`I N � W g u, ❑ Y Y 3 �u [] ❑ 01 3 N3AV 1.11ki 03 o ° n] C3 o 0 Fi ado 0 ❑ 0 3nN3AV IilJIJ �1 anN3AV 1 LI X1S EXHIBIT B INSURANCE REQUIREMENTS FOR FACILITY USE AGREEMENTS Insurance Kent Lions shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the Premises. Kent Lions shall provide a certificate of insurance evidencing: General Liability insurance covering remisees+ Zodu t -c lgte ,gper�tions and contractual lilabffi�y:"The i y s as i named as an insured on Kent Lions' General Liability insurance policy. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that Kent Lions' insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of Kent Lions' insurance and shall not contribute with it. Kent Lions shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. I ACORD�CERTIFICATE OF LIABILITY INSURANCE °A ° 4 --, 12 12, 20 0 PRODUCER (630)324-2500 FAX(630)324-2501 THIS CERTIFICATE IS ISS D AS A MATTER OF INFORMATION T.J. Adams Group,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR 333 E Butterfield Rd , Suite 500 QVFRAC;F AEEOFMED RYSHE C 1C7FS RFI f]W Lombard, I L 60148 INSURERS AFFORDING COVERAGE IN URED INSURER 4 ACE American Insurance Company______________ INSURER B <ent Lions Club&Kent Lions Foundation INSURER C --- Nashington INSURER D INSURER E COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF SVSURAIVCE POLICY NR1M8t32 POLICY EFFECTIVE POLICY EXPIRATION --- -----LIMITS- --- DATE(MM! YYV _DATE(MNLDDIM GENERALLUIBLRY I EACH OCCURPENCE S 1,000,000 `/, COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAny one fire) C 1,000,000 CLAIMS MADE Q OCCUR MED EXP IAnp one person) IS 1,00 A HMG1731936 09/01/2003 09/01/2004 PERSONAL a ADV INJURY S 1,000.000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT AP(PI1ES PER PRODUCTS-COMPIOP AGG S 2.000.000 POLICY ROJECT' I LOC _— AUTOMOBILE LIABILITY COMBINED SINGLE LIMB ANY AUTO (Per accident) Included In Above ALL OWNED AUTOS 80�N,URY S sCHEDULEDAUTOS HDOG1731936 09/01/2003 09/01/2004 IPar Parson) A X HIRED AUTOS OWNED AUTOS NOT COVERED BODILY INJURY S X NON-OWNED AUTOS We,accident) PROPERTY DAMAGE S (Par accidents CAI tAGE LIABILITY AUTOONLY-EAACCIDENT S ANY AUTO NOT COVERED IOTHEPTPAN EA ACC S TAU TO ONLY AGC S EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR ❑ CLAIMS MADE AGCREGATE _ S NOT COVERED S _ DEDUCTIBLE S RETENTION$ WORKERS COMPENSATION AND WCSTATU- OTHER EMPLOYERS'LIABI UTY NOT COVERED E L EACH ACCIDENT is E L DISEASE-EA EMPLOYE S DDED E L DISEASE-POLICY LIMIT S DE8CRIPTI DN OF OPERATION SfLOCATIONSIVEHICLESIEXCLUSIONSA BY ENDORSEMENTI$PECIAL PROVISIONS Provisions of the policy apply to the Kent Lions Club& Kent Lions Foundation for their participation in ANY and ALL ACTIVITIES and EVENTS on any dates during the policy period of September 1, 2003 to September 1, 2004 PLEASE SEE ATTACHED FOR ADDITIONAL INSURED INFORMATION .. `* Please note The Additional Insured status is given ONLY FOR THE USE OF PREMISES by the Kent Lions Club&Kent Lions Foundation CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Kent Lions Club&Kent Lions Foundation 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Washington OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, AUTHHPoz Dom' ATIVE John Adams,C PC' U. /I L4,L' L v t�Lc�'✓vLS, A RD 25- (-7y97)-- -- ACORD CORPORATION 1986 03/15/84 11:00:12 DEFAULTCSID -> 25385ZS466 Page 003 ATTACHMENT TO CERTIFICATE OF INSURANCE INSURFD: KENO LIONS CLUB& KENT LIONS FOUNDATION Provisions of the policy apply to the Kent Lions Club&Kent Lions Foundation for their participation in ANY and ALL ACTIVITIES and EVENTS on any dates during the policy period of September 1, 2003-September 1, 2004. The following are additional insured, but ONLY with respect to liability ansing out of the use of premises by the Kent Lions Club&Kent Lions Foundation and not out of the sole negligence of the said additional insured • City of Kent: The City of Kent, it's elected and/or appointed officials, its employees,and agents are additional insured insofar as the work obligations and activities pmfatrned by the applicant and authonmd by city permit are concerned • Kent School District • Bruce Anderson&Associates • SEAFAIR • Kent Covenant Church • King County • King County Metro • State of Washington • Boy Scouts of America,Cluef Seattle Council • Girl Scouts of America,Totem Council • Army National Guard,Kent Armory Union Pacific Railmad • Burlington Railroad • Wells Fargo Bank, Kent Branch • Columbia Bank,Kent Branch • Key Bank, Kent Branch • Kent Cafe • Funtastic Shows • Festivals, Inc. • Tacoma Dragon Boat Association • Horizon Ford • Polar Icing • Calvary Chapel South • Boeing 03/18/2004 17:42 2538566270 PAGE 01' MAR-18-2004 16:32 MW CITY AM 253 8% 6?70 '.01/09 KENT LAW DEPARTMENT 1 CITY Off' 220 FOURTH AVENUE SOUTH h KENT , WASHINGTON 98032 K TELE : (263 ) 858- 5770 VL ENT . Who MIN*TO■ FAX : (263 ) 858 . 8770 IfV FACSIMILE TRANSMITTAL SHEET COMPAIk FAX NUMBER: TOTAL NO.OP PAGES INtLUDING COVER: PMtX1E Nttt/BEg;� SKMXRS REFERENCE NUMBER: RE: (lJ�/(J�jI�Y� � 99 YOUR REFERENCE NUMBER: URGEN ❑FOR REVIEW O PLEASE COMMENT 0 PLEASE REPLY ❑PLEASE RECYCLE NOTftmommENTS: This facsimile may contain privileged ■nd confidential Information Intended for the use a, the addrassoa(p) named above. if you are not the Intended reoiprent, any dlaseminatfon or copyt19 of this foeaimilo is strictly prohibited. It you have reeelved this facsimile in error. please Imatadlataly notify us by telephone. Thank you. KENT LIONS CLUB P.O. Box 5094 Kent, WA 98064 (253) 852-LION (253) 852-6263 fax www.kentlionsclub.org April 10, 2003 Rev 1 2-10-04 Recommendations of the committee to the BOD: In short, the committee recommends that the Kent Lions Club undertake the management of the Kent Market. 2003 would see only a short"practice"season. We would fully integrate the Market into the weekend of Kent Cornucopia Days with their own small location somewhere within the normal Street Fair grid. We would then do between 2 and 4 `dry runs", most likely in the month of August, so that we can learn now, and not in 2004. 2004 would see a full (however, compared to the KDP format which ran year around and week long) market from June until mid September, only on Saturdays, and back to the large City parking lot. This "Grand re-opening"would coincide with the opening of the new Kent Station 16 screen theater. The Players: • The Kent Lions Club • The City of Kent • The 4H • Vendors & farmers Expectations of the City: • We will not ask the City for any up front money 1 • We will strive to completely wean ourselves from any City help over time • Possible help with set up and breakdown initial year b {� • Porti Potties set-up and usage(we pay cleaning charges) 3 D • Possible sewer issue that would have to be resolved for Health Dept. • Possible re-working of electrical system and set up—up to code and working • Use of some form of storage o Small shed and movement of unit �¢ o Temporary use of part of red barn or other built to dry out equipment o Possible storage for a small trailer \ t a o Larger permanent storage at a place such as the Clark Lake annex —, !!! • Asmess to the >Y � f 2 • Access to City's Graphics Department(we will pay costs, no overtime) • Access to City's Sign Shop (we will pay costs, no overtime • All possible help with Public Relations and Media exposure o Marketing of Farmers Market o Marketing of all Kent Lions Club main community events o Totally integrated into city publications, TV, Web, etc. (Including KCD) • Rio OLif�r Lv��-d I Q*&t'a +&ol mc7oue Itiu w baYt wo`��i�l�s s Expectations of the 4H • They recruit and bring in all the"farmers"into the Kent Market. • The youth who are involved in"farming"can bring their produce. • The youth who are involved in"animals"can set displays. • They may sell their product or have others sell their product. (Big part here is fundraising for their organization) • They get exposure to the public inside a City • They help us with the running the market for experience Expectations of the Kent Lions Club: • Complete responsibility for the Kent Market • Complete management of the Kent Market(except as noted above) • Front start up costs, and cover cost of the ongoing market expenses (except as noted above) • Be in charge of the non-produce food vendors for sale of items to public. (4H may sell food if coordinated with other food vendor requirements) • Bring in all the other types of market vendors • Integration with Kent Cornucopia Days 3