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HomeMy WebLinkAboutPK13-189 - Other - Pediatric Interim Care Center - Permit Agreement - 7/10/13 Records Marit� e m�e rt Z�lcNT Document W.s„140reN 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: PEDIATRIC INTERIM CARE CENTER (PICC) Vendor Number: JD Edwards Number Contract Number: OtI3-- Is ? This is assigned by City Clerk's Office Project Name: Use of Centennial Parking Garage during Cornucopia Days Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Permit Agreement Contract Effective Date: 07 10 13 Termination Date: 07/15/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): s Public\RecordsManagement\Forms\ContrjactCover\adcc7832 1 11/08 KENT NJ 3HI NGT 0. PERMIT AGREEMENT THIS PERMIT AGREEMENT is entered into between the City of Kent, a Washington municipal corporation ("City) and Pediatric Interim Care Center ("PICC"). 1. Permit and Conditions. City agrees to provide PICC this non-exclusive permit to utilize the City's Centennial Parking Garage facility ("Property") for Cornucopia event parking as follows: A. PICC may charge the public 55.00 for event parking for Cornucopia Days between the hours of 9:00 a m. through 5:00 p.m. on July 13, 2013, and the hours of 9:00 a.m. through 3:00 p.m. on July 14, 2013. B. This permit is granted to PICC at no charge and is revocable at will. C. All proceeds PICC collects from event parking shall be used for programs relating to the poor and infirm. D. PICC shall reasonably carry out the uses allowed within the Property so as not to interfere with the City's use and operation of the Property. PICC's use of the property shall not restrict or interfere with tenant and City vehicle access and parking. E. PICC 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. 2. Indemnification. PICC shall defend, indemnify, and hold City harmless from any and all claims, causes of action, liability, damage, expense (including all legal costs and attorney fees), suits, or judgments for personal injury or property damage arising from or in any way connected with the operation and use of the property or this Permit Agreement, but only to the extent of PICC's negligence or comparative fault. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 3. Insurance. The PICC shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. PERMIT AGREEMENT - 1 4. Modification. This permit may not be modified, altered, or amended unless first approved in writing by the City. 5. Breach. In the event of any alleged breach or threatened breach of this Permit Agreement by either party, and if City and PICC are unable to cure the breach or otherwise resolve their dispute, then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the King County Superior Court, and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 6. Entire Agreement. This Permit Agreement document contains the entire agreement between the parties and, in executing it, City and PICC do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 7. Notices. All notices, requests, demands, or other communications provided for herein shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed, as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: City of Kent Alex Ackley, Facilities Superintendent 220 Fourth Avenue South Kent, WA 98032 Pediatric Interim Care Center 328 - 4th Avenue South Kent, WA 98032 8. Counterparts. This permit may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Permit Agreement is executed and shall become effective as of the last date signed below. The City of Kent Pediatric Interim Care Center By: rk� Print Name: P r 4 Name � f��}�7[a J ?I �i[�r�/✓ Its: 4 Its: 02 Date:_/D =!3 Date:=— c4 —43 \Gull\FleS\Open Foes\0105-2011-Pa rks Gen eral\PermRAgre-Cornucopia Parking-2011 doa PERMIT AGREEMENT - 2 EXHIBIT" A INSURANCE REQUIREMENTS FOR PERMIT AGREEMENTS Insurance The Contractor 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 performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage EXHIBIT A (Continued) 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work, F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. LMf�-852-5728 10 SG 57 a m 07-08-2013 1 /1 to �3 S 2 tR is PEDIA-1 OP ID: PF CERTIFICATE OF LIABILITY INSURANCE D0-7,103120I3 07(0312013 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, EMEND 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 poilcy(ies) must be endorsed If SUBROGATION IS WANED, subject to the terms and conditions of the pollcy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s PRODUCER CONTACT Taylor-Thomason Ins Brokers Phone:253-284-7900 NAMEEE Pe Foote F 3401 South 19th Street Fax:253-284-7901 253-284-7926AX c e 253-284-7901 P O. Box 7187 n�ss Pe F tib.net Ta-bma,WA 98417 Tom Taylor,Jr,CPCU INSURERS)AFFORDING COVERAGE NAIL# INSURERA Evanston Insurance Company 35378 INSURED Pediatric Interim Care Center INSURER Philadelphia Insurance Compan Barbara Dren non INSURER C 328 4th Ave S Kent,WA 98032 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 Th'E INSUPED NAMED ABOVE FOR THE POLICY PERIOD INDICATE❑ 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 SHO'NN MAY HAVE SEEN REDUCED BY PAID CLAIMS INSR TYPE OFINSURANCE ADOL SUB POLICY EFF POLICYEXP LTR POUCYNUMBER LIMITS GENERAL LIABIUTY EACH OCCURRENCE S 1,000, A X COMMERCIALGENEBALLLABIUTY SM895O^o1 O7NSY2013 07/01/2014 pREMISEs aoccurtenoe S 50,00 1 X CLAINSWADE ❑CCCUR MED EXP(Any one person) $ 5,0 PERSONAL it ADV INJURY S 1,000,00 y, Professional Liab GFS=RALAGGREGATE S 3,000,0 GEN'L AGGREGATE Lad^APPLIES PER PRODUCTS-COMP/OPAGG $ 3,000,00 POLICY PR' 7LO„ $ AUTDMOBILE LIABILITY COMBINED SINGLE Lm eeacoldenl $ B ANY AUTO PHPK1040256 07/0112013 0710IM14 BODILY INJURY(Pot per sor,) $ 1,000,00 I ALLLCI ED Ix SCHEDULED BODILY INJURY(Per a=dent) S E NON-OWNED PROPERTY DAMAGE I HIRED AUTOS AUTOS ereccidert) $ S UMBRELLA ILA6 o=UR EACH=URRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION S g WORKERSCOMPENSATION WC STATV- OTti- ANDEM'LOYERS'MAD JUTY YIN v_LMr ANY PROPRI2TOR1PARTNEWEXECUTM El EACH ACCIDENT $ OFFICER/MEMBER EXCLUCEDI NIA (Mandatory In NH) EL DISEASE-EAEMILOYE S Uzoe,desalbe under DESCRIPTION OF OPERATIONS belay E L DISEASE-PDJCY UM'T I S DESCRIFTIONOFOPERATIONSILO:ATTONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) Liability deductible $2,500; Retro-active date 06/30/2002 Certificate holder is additionEl insured per EIC 4671 0807 included CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLI:.;2S BE CANCELLED BEFORE THE EKRRATION DATE THEREOF, NOTICE MILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: ga>n� C(0.r c� AUTHDRIZ5DR`PRESEPi ATIVE 220-4th Ave S Kent,WA 98032 w ©18S8-2010 ACORD CORPORATION. Alt rights reserved. ACORD 25(2010105) The ACORD name-and logo are registered marks of ACORD EVANSTON INSURANCE COMPANY MARKEL' , Endorsement Named Insured Attached to and forming a part of Policy No : Pediatric Interim Care Center Endorsement No SM895061 Effective Date of En orsemen ADDITIONAL INSURED ENDORSEMENT—BODILY INJURY/PROPERTY DANTAGE LIABILITY (BLANKET) This endorsement modifies insurance prodded under the following Specified Medical Professions General Liability Insurance Coverage Part In consideration of the premium paid, it is hereby understood and agreed that the policy is amended as follows 1 Section The Insured is amended by the addition of the fotlowm r Whenever used in this Coverage Part, the unqualified word Insured shall also mean Additional Insured Additional Insured means. whenever used in this endorsement,the following any person or organization to whom the Named Insured is obLsated by valid written cortiact to pioti:de coverage as an additional msured to such person or organization but only as respects liability for Bodily Injury or Property Damage caused by the negligence of the Named Insured and only for Occurrences, Claims or coverage not othenvrse etcluded in the policy I 3 Coverage provided to any Additional Insured as dafined herein shall apply solely to an Occurrence involving the products, goods, operations or premises covered by this Coverage Part 4 No coverage shall be afforded to the above Additional Insured for Bodily Injury or Property Damage to any Employee or to ary obligation of the Additional Insured to indemnify another because Damages arising out of such injury 5 Where no coverage shall apply herein for the Named insured, no coverage or defense shall be afforded to the above Additional Insured All other provisions of the policy shall apply and remain unchanged Authorzec Rearesen;ative EIC 4671 08/07