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Home My WebLink About11-092 - Goodbye Graffiti Seattle - Graffiti Removal at Tukwila Pond Park Restroom Contract No 11 -092 CONTRACT FOR SERVICES Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Goodbye Graffiti Seattle, hereinafter referred to as "the Contractor whose principal office is located at 1115 South Walker Street, Seattle, Washington 98134. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Pavment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $200.00 per month. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 1, 2011 and ending November 1, 2012 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or W:\PW Long \WPADMIN\Facility Services \Contracts \Contract for Services with Insurance Goodbye Graffiti. doe 6/2/2011 Page 1 of 2 reduction in the amount of said policy except upon thirty (3 0) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keenine and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable Law; Venue. Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 7 'tL day of 20 /1 CITY OF T WILA CONTRACTOR. y g /cc,. By:A a o Title: Jim r erton Title: 6e- ATTES UTHENTICATED: Printed Name: LA,4j,- (R. J 0 �'k 61 Christy O'Flaherty, CMC, City Clerk Address: I II 5 S PA J T APPROVED AS TO FORM: �WJ L [A) 19 3 i Office of the City Attorney Date approved by City Council: n (Applicable if contract amount is over'S40,000) WAPW Long \WPADMIN\Facitity Services \Contracts \Contract for Services with Insurance Goodbye Graffiti.doc 6/2/2011 Page 2 of 2 Goodbye Graffiti Inc. ClickofFm Proposal #77984825 Page 1 of 2 l Clickoff Proposal AN N One Click it's Gone! 1 �tl Goodbye Graffiti. TM Goodbye Graffiti Seattle (ESTIMATE) Rep I Date I Terms I PROPOSAL# 1115 South Walker Street Seattle WA Laurie Spivack 1 6/1/2011 Net 30 Days I 77984825 United States 98134 Telephone: 1 (206) 720 -4777 Fax: 1 (206) 328 -7029 E -mail: khulla- cloodbvearaffiti.com Website: httD: /www.aoodbvearaffiti.com Name Address City of Tukwila Attn: Paul Surek Location I Postal Code Tel: 1 (206) 433 -7157 299 Strander Blvd. Fax: 1 (206) 439 -8453 Tukwila, WA 98188 E -mail: osurekna ci.tukwila.wa.us (Tukwila Pond Park) Item I IMAGES I DESCRIPTION Qty Rate I TOTAL Re: Ever Clean Program Proposal Ever -Clean includes: 4 patrols per month 0 all graffiti removal up to 10 feet from ground level digital pictures of all graffiti online service summary spectrometer paint matching unlimited on -call 36 hour response time needed coating applications GIS and satellite radio dispatch one -time setup fee ($69.00) quarterly billing Ever -Clean Rate: $189.00per month A 30 day cancellation notice is required for all Ever -Clean contracts. Your program will include all interior and exterior surfaces of the Tukwila Pond Park bathroom except: Janitor closet and the roof. NOTE: Interior walls will be serviced using a product complimentary to the existing coating which will be supplied by the City of Tukwila. http:// clickoff .goodbyegraffiti.com/public /view estimate.php3 ?key= 857321de8582 &propos... 6/1/2011 Goodbye Graffiti Inc. ClickoffTm Proposal #77984825 Page 2 of 2 Business Number: 91218 2562 Subtotal 0.00 TOTAL A/ 51 41 Va QQ, ti Additional Graffiti Disclaimer: Any graffiti found on the site that is not listed on this estimate could be billed as additional on the invoice. EC L I N E PL EASE C LL ME." with more details xWE TE LI x44 V 05) 0 L to L 150 V57 z4t. no i� KJ f k Ji http://clickoff.goodbyegraffiti.com/public/view estimate.php3?key=857321de8582&propos 6/1/2011 OP ID: AL 7 DATE (MMIDUIYYYY) AGf�R� CERTIFICATE OF LIABILITY INSURANCE 11/03/10 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 endorsement(s). CONTACT l PRODUCER 206 632 -1433 I NAME: Griffith Insurance Group, Inc. 206- 632 -0878 PHONE FAx (AIC, No, ExQ: I (AIC, 3841 Aurora Ave N Suite 100 E-MAIL ADDRESS. Seattle, WA 98103 PRODUCER Mike Griffith CUSTOMER O CLE3000 INSURER(S) AFFORDING COVERAGE NAIC_ N INSURED Clean Streets, Inc. INSURER A: American States Insurance Co. dba Goodbye Graffiti Seattle INSURERS: The Hartford Casualty Ins Co 1115 S Walker S t INSURER C. Seattle, WA 98134 -1721 INSURER D: INSURER E I 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. INSR ADDLSUSR POLICY EFF POLICY EXP i LTR TYPE OF INSURANCE 1 1 14fi11 WVO I POLICY NUMBER (MMIDDIYYYYI I (MMIDDIYYYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED A X CUMMERCIAI. GENERAL LIAUILIIY ,01CG88833750 09101/10 09 PREMISES (Ea uccurrencaL_ CLAIMS -MADE X OCCUR i MED EXP (Any one person) 10,000 L_ I.... -.I X WA Stop Gap PERSONAL ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG 2,000,000 X I POLICY I PII20 I LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,OOCI B X ANY AUTO i 52UECHY7252 04/29/10 04/29/11 BODILY INJURY (Per persun) 1 ALL OWNED AUI OS BODILY INJURY (Per accident) I SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NUN- OWNEDAUTOS UMBRELLA LIAO X OCCUR t EACH OCCURRENCL 1,000,000 EXCESS LIAR AGGR i CLAIMti -MAUE� EGA TL A 01XS14387050 09101/10 09/01/11 DEDUCTIBLE RETENTION WORKERS COMPENSATION WC STATU- Y TORY LIMITS I ER., I OTH AND EMPLOYERS' LIABILITY Y ANPROPRIETORIPARTNERIEXECUIIVE �N /A, E.L. EACH ACCIDENT OFFICER /MEMBER EXCLUUEU7 (Mandatory In NH) E.L. DISEASE EA EMPLOYEE_ S I If yus, describe under I DESCRIPTION OF OPERATIONS below i E.I. OISFASE POI ICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION PROOFOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 'THEREOF, NOTICE WILL BE DELIVERED IN Proof of Insurance Only. ACCORDANCE WITH THE POLICY PROVISIONS. I AUTHORIZED REPRESENTATIVE 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD