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HomeMy WebLinkAboutPK11-122 - Original - Girl Scouts of Western Washington Troop 41104 - Carousel - 4/13/11 Records Management KENT �. Document WASHINGTON , 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 Clerk's Office. Vendor Name: f Sc Otn4 S —rY ooPa y Vendor Number: IV k JD Edwards Number Contract Number: ILK 1 l- 1 Z- This is assigned by City Clerk's Office Project Name: d k �� VH ca �o tA s Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract ❑ Other: ' t - 1 Contract Effective Date: Ll - _ Termination Date: �- 30 \ Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment LL w5 II S Contract Manager: V ego'i`kJK Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA5 MINGT. Carousel Operations Agreement Between the City of Kent and Girl Scout Troop #41104 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Girl Scout Troop (hearinafter the "Operator"). AGREEMENT I. DESCRIPTION OF WORK. The Operator shall coordinate efforts to ensure continuous operation of the City of Kent Carousel ("Carousel") during the 2011 summer season in accordance with the following: ■ Market and advertise the Carousel via any and all mechanisms described in the Operator's proposal (attached) ■ Operate the Carousel according to the proposed 2011 operating schedule (below) during the term of this Agreement. ■ Provide tickets (if desired) at a suggested donation of$2.00 per ride; however, Carousel horse or chair donors and their immediate families have received 20 passes each to ride at anytime free of charge. ■ Manage, track, and account for daily proceeds using generally acceptable accounting practices. ■ Staff Carousel operations at all times during operational hours with a minimum of three people, two (2) of them adults (25 years of age), one to operate ticket donations and two attending to Carousel ride operations. All of Operator's employees or volunteers are to act professionally and provide the highest level of customer service. Each of Operator's members, employees, or volunteers will dress uniformly in appropriate attire. Although actual uniforms are not required, each staff member should be similarly dressed and the style of dress should readily distinguish him or her as an operational staff member managing the Carousel. ■ Provide appropriate music during all hours of operation on a quality music system acceptable to the City. ■ Maintain adequate garbage and recycling receptacles within the building for daily pick up by City staff; receptacles and bags will be provided by City staff for garbage and recycling at beginning of the season. Bags will be collected each morning by City Staff. ■ Inspect Carousel daily with City staff one-half(1/2) hour before beginning daily operations. ■ Comply with all safety requirements provided by the City, which are attached and incorporated as Exhibit A. ■ Care for and maintain the Carousel, and the building in which it is placed, in good condition, including all decorations or additions to the building. ■ Keep the Carousel, the building in which it is housed, and all entrance and exit areas secure; regularly patrol the entire tent structure in which the Carousel is housed at least every half-hour. In the event any security problems exist that Operator believes pose an immediate threat to any person's life or safety, Operator is to dial 911 immediately; otherwise, or if Operator perceives a security threat to the tent structure or surrounding premises, Operator should immediately contact the City, attention Garin Lee at(253) 856-5131, or cell 206-295-9320 ■ Operator shall properly secure the tent structure and premises at the close of business each day. 2010 CAROUSEL OPERATIONS AGREEMENT- I II. DAYS/HOURS OF OPERATION. Upon the effective date of this Agreement, the Operator shall commence the work and provide all goods, materials, and services necessary to perform the work beginning on July 16, 2011 and ending on August 28, 2011, re-opening September 3-4 of Labor Day weekend. Times of Carousel operation shall be: Wednesdays from 11 am — 2:00 pm, Thursdays from 5-8:00 pm, Fridays from 5-8 pm, Saturdays from 10.30 am— 3 pm, and Sundays from 1-5 pm. The schedule may be amended only by mutual agreement of the parties. Exceptions. inclement weather III. COMPENSATION. The Operator shall remit to the City 20% of gross ticket proceeds up to $15,000 gross. Thereafter, the Operator shall remit to the City 15% of gross ticket proceeds The payment shall be remitted in full by no later than September 30, 2011. The Operator is to distribute the remaining 80% of the proceeds up to $15,000 gross and 85% thereafter to pay for all operation expenses, including salaries, if any. The Operator is responsible for all state, federal, or local employment, sales or use taxes that come due or may be due as a result of entering into this Agreement and operating the Carousel. The City reserves its unqualified right to audit the Operator's operations and books at any time during regular business hours or during Carousel operation hours Without waiving its right to any other remedy allowed by law, if the City, in its sole discretion, is convinced, after conducting an audit of the Carousel operations, that income is not being properly managed and recorded, or that adequate bookkeeping controls are not in place, the City may demand immediate changes in Operator's management practices, repayment of lost income, or immediate termination of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Operator has the ability to control and direct the performance and details of their work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Except as otherwise provided in this Agreement, this Agreement shall terminate no later than September 30, 2011. VI. LIMITATION OF ACTIONS. OPERATOR MUST FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR OPERATOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract. the Operator, their sub-contractors, volunteers, or any person acting on behalf of the Operator or sub-contractors shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Operator shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIIL INDEMNIFICATION. Operator shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Operator's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 2010 CAROUSEL OPERATIONS AGREEMENT-2 The City's inspection or acceptance of any of Operator's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE OPERATOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Operator has been strongly advised to procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated by this reference. X. WORK PERFORMED UNDER THIS AGREEMENT AT OPERATOR'S RISK. Operator shall take all necessary precautions and shall be responsible for the safety of their employees, agents, and sub- contractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be performed at Operator's own risk, and Operator shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Operator shall contact the City within 30 minutes of any operational error in the Carousel so that the City can keep Carousel down-time to a minimum. The Operator recognizes and understands that the Carousel was purchased without warranty or guarantee from the City's purchaser, and that the City cannot guarantee the performance of the Carousel at all established operating hours, but the City will in good faith employ its best efforts to keep the Carousel fully operational during the hours of operation established in this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances, shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim 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 XI of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms 2010 CAROUSEL OPERATIONS AGREEMENT-3 of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent E. 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 the Operator. F Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement However. should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. G. Compliance with Laws. The Operator agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Operator's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. GIRL SCOUT TROOP #41104 CITY OF KENT: By (signature) Print Name: !(((QI By. (signature) (, ,( ) Pri tN Jeff Watlin Its: Ewk c buL t ' YA% �l�u( ktwr Its• Parks Director (Title) (Trtde) DATE: k )(2bl l DATE: [ �(t NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: Wendy Gire, Troop Leader Jeff Watling, Director GS Troop #41104 City of Kent Parks, Recreation, and Community Svcs. 22217 177`h Ave SE, Kent WA 98042 220 Fourth Avenue South 253-639-2986 (telephone), 253-249-4274 (cell) Kent. WA 98032 (253) 856-5100 (telephone) (253) 856-6050 (facsimile) 2010 CAROUSEL OPERATIONS AGREEMENT-4 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such, all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this T day of �h k- 1 , 201 1 . By: P.b`ll Forcla cSC L aF � fd Title: AeGL irr' - Date: �Z�i t EEO COMPLIANCE DOCUMENTS- 1 of 3 s CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent o(_:3( `% 0�WI &ompany, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as C M ( O 4 i that was entered into on the '*/Z l i (date), between the firm I represent and the City of kdrit. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of By: pco l� For(sky l aA a( 1I VYLS�CJ�w` U V Title: 2 Y' Date: A Z77 A I t EEO COMPLIANCE DOCUMENTS-3 of') Carousel Daily Inspection Checklist— Exhibit A Date Time Inspected by Operator Name Carousel Seat Belt securely attached to horse Stirrups and bridle securely fastened to horse Foot pedals securely attached to horse Accessible ramp operable and access panel secure Access door secured Check mounting bolts for each horse/teacup/chariot Check rubber protective cover and bolt on each moving horse Note any serious scratches or damage on inspection sheet Mechanical Systems Carousel test run rotates/stops, horses move, tea cup pivots Carousel emergency button test All Christmas lights/decorations lit Any bulbs burned out replaced or note on inspection sheet Emergency Exit signs lit Cleaning Sweep carousel floor Wipe down horses and bench seats as needed Litter picked up and disposed Trash receptacles emptied or bagged up and carried to rear door Notes. P Maintenance\Carousel\Carousel Daily Inspection Checklist doc Revised 5/6/11 206-633-5099 02:58:45a.m. 05-06-2011 2/2 al wESTwAs DATE(MmorcrrYf M ACC)ao CERTIFICATE OF LIABILITY INSURANCE 502011 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 poiicy(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 Ileu of such endorsemen e. PRODUCER CONTACT Commercial Lines—(912)234-6621 PHONE I FAX. o Wells Fargo Insurance Services USA,Inc E hWL ADDRESS 25 9UII Street INSURERS AFFORDING COVERAGE NAIL 0 Savannah,GA 31401 INSURER A Traveler's Property&Casualty Co of America 25674 INSURED Girt Scouts of Western Washington INSURER B 601 Valley Street INSURER c INSURER D INSURERE• Seattle WA 98109 iHSUREILr- COVERAGES CERTIFICATE NUMBER: 2720202 REVISION NUMBER: See below 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 INSR ADDL S BR POLICY EFF POLICY EXP LTA TYPE OF INSURANCE INSR WVO POLICY NUMBER -lMM0DrYYYYl IMNUDDfYYYYIuans A GENERAL LIABILITY 6604513L170 D1/01N1 01/01/12 EACH OCCURRENCE S 11000AW DAMAGE TOR NTED X COMMERCIAL GENERAL LIABILITY PREMISES u e $ 1,D00,000 CLAIMS-MADE 51 OCCUR MED EXP(Any oneperson) E 10,000 X STOPGAP PERSONAL E ADV INJURY S 1,000,D00 GENERAL AGGREGATE E 5,000,000 GEN L AGGREGATE LWT APPLIES PER PRODUCTS-COMMOP AGO S Z0001000 POLICY PECT RO- F LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Enacciderfil ANY AUTO BODILY INJURY(Per person) E ALL OWNED SCHEDULED BODILY INJURY IPerecadenl) E AUTOS AUTOS ' HIRED AUTOS III AUTOSWNED PROPERTYD MAGE IPmracculentl S S UMBRELLA LIAR H DCOUR EACH OCCURRENCE E EXCESS LIARTEM$-MADE AGGREGATE E E HTIONS CLAI S S WORKMSCOMPENSATION WC 9TATU- OTH- AND EMPLOYERS'LIABILITY YIN Tncry PR ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT E OFFICERIMEMBER EXCLUDED? N I A (Mandataryin NH) EL DISEASE-EA EMPLOYEE S Ilyes deacnbeunder DESCRIPTION OF OPERATIONS below EL DISEASE-POLICYLIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101.Additional Remarka Schedule,If mom @pace Is requlnall ThD Certificate Holder named below Is an additional Insured on the general liability policy with respect to the use of its premises for Girl Smut activities of the Insured Girl Scout Council Girt Scouts of Western WA Carousel operation,July 16 to August 28 2011. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT PARKS&RECREATION SERVICES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' 220 4th Avenue S ACCORDANCE WITH THE POLICY PROVISIONS, Kent WA 98032 AUTHORIZED REPRESENTATIVE 9r �- The ACORD name and fogo are reglstared marks of ACORD 01989-2010 ACORD CORPORATION. All rights reserved. ACORD 25(201DIOS) -— - - -;fit•' _