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Home My WebLink About09-073 - Alliance One Receivables Management - Muncipal Court Window Lease 09- 073(a) Council Approval NIA C7TY OF TUKWILA CONTRACT FOR SERVICES Amendment q Between the City of Tukwila and AllianceOne Receivables Management, Inc. That portion of Contract No. 09 -073 between the City of Tukwila and AllianceOne Receivables Management, Inc., is amended as follows: 2. Term: This Agreement shall be in full force and effect for a period commencing January 1, 2010 and ending V °cember 31, 2010 unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this e day of 20 CONTRACTOR CITY OF TUKWILA Hagge�ayor ATTEST /AUTHENTICATED APPROVED AS TO FORM Christy O Flaherty, CMC, City C�. erk 'City Attorne/ Date approved by City Council (Applicable if co.'; tract amount is over $40,000) C:\Documents and settingsitrish- k\Desktop \Transfers.. )rsktop\Trish\CONTRACTS \Alliance One 2010 Lease Agreement. doc kn 12/1912009 Page 1 of 1 J 09 -073 Council Approval N/A LEASE AGREEMENT THIS LEASE AGREEMENT, dated Pr 2009 (for reference purposes only), is made between Tukwila Municipal Court "the Court" or "Lessor and Alliance One Receivables Management "Alliance" or "Lessee IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Premises: Lessor does hereby agree to lease to Lessee, upon the following terms and conditions, one (1) front counter workspace at the Tukwila Municipal Court located at 6200 Southcenter Blvd., Tukwila, Washington "Premises 2. Term: This Agreement shall be in full force and effect for a period commencing May 1, 2009 and ending December 31, 2009 unless sooner terminated under the provisions hereinafter specified. 3. Rent: Lessee covenants and agrees to pay Lessor, at Lessor's address, without deduction or offset, rent of Five Hundred Dollars ($500.00) per month "Rental Payment The Rental Payment shall be remitted to Lessor on a quarterly basis. The first Rent Payment shall be for the 2nd quarter ending June 30, 2009 and shall be pre -rated from the commencement date of this lease agreement. Rent Payments are due within fifteen (15) days following the last day of each quarter. Any and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee. 4. Leasehold Excise Tax: Lessee shall pay any leasehold excise tax due pursuant to RCW 84.29A to Lessor by December 31 of each year. If the State of Washington changes the leasehold excise tax or another jurisdiction also imposes this tax, the tax payable by Lessee shall be correspondingly changed. 5. Use of Premises by Lessee: Lessee shall have exclusive use of the Premises for payment collection and shall provide their own personnel to staff the Premises between 8:30am to 4:30pm Monday through Friday. Lessee's personnel at the Premises shall provide customer service at a level satisfactory to Lessor. Lessor reserves the right to immediately terminate this lease agreement should the Lessee's customer service levels fail to meet the standards set by Lessor. 6. Utilities, Eauinment, and Services: Lessee shall provide daily armored car service, Monday through Friday, to transport their deposits from the Premises. Lessee shall provide any equipment necessary for the prescribed use of the Premises, including but not limited to computers, fax/copy machines and telephones. Lessee shall be responsible for setting up and maintaining their own telephone and Internet connections. 7. Signage: Lessee shall provide at their own expense signage to be placed at the Premises; all signage shall be pre- approved by Lessor before being posted on the Premises. 8. Assignment and Subletting: Lessee shall not assign this lease or sublet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. 9. Indemnification and Hold Harmless: Lessee shall indemnify, defend and hold harmless Lessor, its officers, agents and employees, from and against any and all claims, losses or liability, Page 1 of 3 including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Lessee, 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 Lessor, its officers, agents and employees, Lessee 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 Lessee. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of Lessor, 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 Lessor, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Lessee, its officers, agents, and employees. 10. Insurance: A. Lessee 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 Lessor as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Lessor. 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 Lessor within fifteen (15) days of execution of this Agreement. 11. Holding Over: Any holding over on the Premises after the termination of the term of this Lease shall be construed to be a tenancy from month -to -month with the same valuable consideration for rent being provided on a pro rata basis per month. Such holding over shall otherwise be on all the terms and conditions of this Lease. 12. Notices: Notices to Lessor shall be sent to the following address: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to Lessee shall be sent to the address provided by the Contractor upon the signature line below. 13. Effect of Invalidity: If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 14. Entire Agreement— Amendments: This printed Lease together with all exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Except as otherwise provided, no modification or amendment of this Lease shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 15. Termination: Lessor or Lessee may terminate this lease at any time on or before the expiration of the lease term upon sixty days (60) prior written notice to the other party. 16. Applicable Law: Venue; Attorney's Fees: This Agreement shall be governed by Page 2 of 3 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 day of Pr\ 1 CITY OF TUKWILA A'1EST/ 7 --etlz Q 1,6 cc t� S I Christy O'Flah r y, CMd, City Clerk Address: r� 3v�� 1- Ic\)tl{ PIS M APPROVED AS TO FORM: Office of the City Attorney UTHENTICATED: ALLIANCE ONE RECEIVABLES MANAVMEN T: By: Y 20 UN Title: \N1 Printed Name: k\ {r, lvl Page 3 of 3