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HomeMy WebLinkAboutPK17-396 - Original - PICC - Contract - 07/15/17 / e Records Ma KENO �q•'•��� �y^ypp y 'i r '�.�.+'o'1...u 1 1 1 e 1 A 1. WhSHIN©TOH CONTRACT OVER. 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: PICC Vendor Number: )D Edwards dumber Contract Number: 11 ILP This is assigned by City Clerk's Office Project Name: Use of Centennial Parking Garage during Cornucopia Days Description: ❑ Interlocal Agreement [I Change Order a Amendment ❑ Contract © Other. Permit Agreement Contract Effective Date: 0711512017 Termination Date: 07116j17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks, Facilities Contract Amount: n/a i=acuities Su erintenden Approval Authority: (CIRCLE ONE) Department Director Mayor City Council ®eta# .-_(.i.e address, location:, parcel..n..umber,.tax As of: 08/27/1.4 \47 !O KENT W A 8 H I N O T O N 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 $5.00 for event parking for Cornucopia Days between the hours of 9:00 a.m. through 5:00 p.m. on July 15, 2017, and the hours of 9:00 a.m. through 3:00 p.m. on July 16, 2017. 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 Exhibi 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 - 4 th 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 7-enter C(t mwl By: By &�'Print-Na e: Print 14ame, Boxiyvi(l )Y'L A z1'e 1A Its: xeo Date: date: N�0�j P:Civi I\FJ I es\Open File 5\0105-201 I-Pwks Genera I\Pew)I LAg,e-Cvnjcopj0aTkiog-20 I I.do cx PERMIT AGREEMENT - 2 EXHIBIT A INSURANCE REQUIREMENTS FOR FACILITY USE Insurance The User 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. User shall provide a certificate of insurance evidencing: General Liability insurance covering premises, products-completed operations and contractual liability. The City shall be named as an insured on User's 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. Auto Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The insurance policy shall be specifically endorsed to name the City of Kent as an Additional Insured. The policy shall also be endorsed to ensure that the User's 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 the User's.insurance and shall not contribute with it. The User shall also 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 ANII. PEDIA-1 OP ID: PF ,a►CORO' CERTIFICATE OF LIABILITY INSURANCE 7C,7/0312017 E(MMIDDIYYYY) `--�� 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 endorsements. PRODUCER CONTACT Peg Taylor-Thomason Ins. Brokers PHONE Foote Fax 3401 South 19th Street ,263.284.7926 Arc No:263-284-7901 P.O. Box 7187 EOO IL .PeggyF@ttib.net Tacoma,WA 98417 Tom Taylor,Jr.CPCU,ARM,AAI INSURERS AFFORDING COVERAGE NAIC p INSURER A:Philadelphia Insurance Company INSURED Pediatric Interim Care Center INSURERB:James River Ins co Barbara Drennan 328 4th Ave S INSURER C Kent,WA 98032 INSURERD: 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, ILTR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS POLICYNUMBER I f 1 ! B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 CLAIMS-MADE OCCUR X 00062998-3 07101/2017 07101/2018 PREMISES Ea occurrence S 50,000 X Professional MED EXP(Any one person) S exclude PERSONAL 8 ADV INJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,00 X POLICY❑PRO JECT LOC PRODUCTS-COMPIOP AGG S Included OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident A ANY AUTO PHPK1677432 07101/2017 07101/2018 BODILY INJURY(Per person) S 1,000,00 ALL OWNED X SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED P OPE d DAMAGE S X HIRED AUTOS X AUTOS Per accident is UMBRELLA LIAIS HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANY PROPRIETOR/PARTNERIEXECUTiVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEO S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addltlonal Remarks Schedule,may be attached If more space is required) Liability deductible $6,000; Retro-active date 06/30/2002 Certificate Holder is named additional insured CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Merina Hanson 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD