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Home My WebLink AboutPK12-175 - Original - Hanging Flower Baskets in Downtown - Records M -and ge mKENTDocument WASHINGTOH 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: Kent Downtown Partnership Vendor Number: ID Edwards Number Contract Number: i0/` l a- I?S� This Is assigned by City Clerk's Office Project Name: Hanging Flower Baskets in Downtown Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/1/2012 Termination Date: 10/7/2012 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole Department: Parks Administratin Detail: (i.e. address, location, parcel number, tax id, etc.): Maintenance of hanging baskets downtown S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 T f AGREEMENT With Kent Downtown Partnership This AGREEMENT ("Agreement"), is executed between the CITY OF KENT, a Washington municipal corporation ("City"), and the KENT DOWNTOWN PARTNERSHIP, a ("KDP"). RECITALS A. Prior to a series of budget reductions, the City maintained hanging flower baskets throughout its downtown area (the "Program"). B. The KDP would like to revitalize the Program, and has advised the City that it is willing to purchase the baskets, hang the baskets, and provide ongoing maintenance for the baskets. C. The City recognizes that there is a public value to the Program and has agreed to assist the KDP in reinstating hanging flower baskets in the downtown area. AGREEMENT NOW, THEREFORE, the City and KDP agree as follows: ARTICLE I — KDP OBLIGATIONS 1. KDP will, at its sole cost and expense, acquire approximately sixty (60) flower baskets. 2. Upon acquisition of the baskets, KDP will, at its sole cost and expense, except as otherwise provided herein, hang the baskets on light poles throughout the core downtown area at the locations set forth in Exhibit A. 3. KDP will perform all maintenance on the baskets while they are on the City's light poles. 4. KDP agrees to remove the baskets by the first week of October 2012. Agreement Page 1 legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of KDP's rights or obligations granted by this Agreement, except to the extent the injuries and damages are caused by only City's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 5. Insurance. KDP shall 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. 6. Entire Agreement and Effective Date. This Agreement contains the entire agreement between the parties and, in executing it, KDP and City do not rely upon any other statement, promise, or representation, whether oral or written. 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 KDP. This Agreement shall be effective upon the last date executed (Effective Date). 7. Assignment. Neither party may assign this Agreement without the written consent of the non-assigning party. If either party gives its consent to any assignment by the other, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. a 8. Resolution of Disputes and Governing Law. This Agreement shall be governed 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 attorneys' fees incurred in defending or bringing such claim or lawsuit, including all appeals, 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 Article III, Section 3, of this Agreement. 9. Compliance with Laws. KDP agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to KDP's business, equipment, and personnel engaged in Agreement Page 3 Exhibit A Agreement between the City of Kent and the Kent Downtown Partnership regarding hanging baskets in Downtown Kent, June, 2012. Locations of Hanging Baskets 11 Baskets on 1st Avenue between Gowe Street and Titus Street 2 Baskets in front of the Centennial Building 2 Baskets on the S.E. corner of Gowe Street and 4th Ave S. 6 Baskets on 4th Ave S. between Gowe Street and Meeker Street 4 Baskets on 4th Ave S. between Meeker Street and Harrison Street 10 Baskets on Meeker Street between 4th Ave S and 2nd Ave S. 4 Baskets on Meeker Street between 2nd Ave S and 1st Ave S. 12 Baskets on Smith Street between 2nd Ave S and 4th Ave S. 3 Baskets on Harrison Street between 4th Ave S and 2nd Ave S. 6 Baskets on 2nd Ave S between Meeker Street and Smith Street 60 Total EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES 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, $2,000,000 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 Automobile Liability and 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 B Continued 2. maintained b the City shall be excess of the Contractor's insurance and to y y 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 co of the endorsement naming the City as PY 9 Y 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 ANII. E. 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. DATE(MMIDDIYYYY) =;4co CERTIFICATE OF LIABILITY INSURANCE 06/28/2012 P�RROoDUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION �iouglas L. Jones ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 229 W Meeker St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kent, WA 98032 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA.State Farm Fare and Casualty Compan 25143 25143 Kent Downtown Partnership - 202 W Gowe St Ste A INSURERS Kent, WA 98032 INSURERC 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 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ppp L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMMDIYY DATE MMMDIYY LIMITS A X GENERAL LIABILITY 98-BM-Q598-5Q 12/15/2011 12/08/2012 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE FxOCCUR MED EXP oneperson) $ 5,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 GENLAGGRECkTELMRAPPLESPER PRODUCTS-COMPIOPAGG $ 4,000,000 PRO- POLICY JECT LOC B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea amdent) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per aoGderd) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per acadenl) GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY AGG $ A EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND I WC STATU- O EMPLOYERS'LIABILITY TORY LIMITS ERR ANY PROPRIETORIPARTNERIEXECUTAIE E L EACH ACCIDENT $ OFFICERIMFMBER EXCLUDED EL DISEASE-EA EMPLOYEE $ If yyes,des nbe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ A OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION 220 4tr, Ave S DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN Kent, WA 98032 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIAR IL ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUT14ORIZED REPRESENTATIVE Douglas L Jones e regisIration notices inar-ate owners nip Of e marks by their respe IVe ownersMOT 132849 03-13-2007 All n reserved IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Jun-27-2012 09 05 AM State Farm Comm Lines 253-912-7770 1!1 FE-Ml ADDITIONAL INSURED ENDORSEMENT State or Political Subdivisions—Permits Poky No,: WOM-0598-5 ^^••• Named Insured: KENT DOWNTOWN PARTNERSHIP 202 W GOWE ST STE A KENT WA 98032-5850 Stele or Po1Nkel Subdtalelon: 2220 4T�H AVE KENT WA 9=2-9995 WHO 16 AN INSURED, under SECTION II 2. This Insurance does not apply to: DESIGNATION OF INSURED, Is amended to include as an Insured any state or political subdivision shown a. body Injury, property damage, personal above,subject to the following provisions: injury or advertising injury arising out of operations per{omaled for the state or 1. This Insllrence applies only with respect to munlclpW,or operations performed by you or on your behalf Tor b. body Injury or property damage Included which the state or political subdivision has Issued a within the operations permN. hazard. FE-Gul (7gee)