HomeMy WebLinkAboutContractVENDOR AGREEMENT FOR RECYCLING EVENTS
THIS AGREEMENT, dated for reference purposes only as __April 15, 2026____, is by and
between the City of Renton (the “City”), a Washington municipal corporation, and Triton_
(“Vendor”), a Washington Profit Corporation. The City and the Vendor are referred to
collectively in this Agreement as the “Parties”. Once fully executed by the Parties, this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Vendor agrees to provide recycling and collection services as
specifiedbelow.
A. Event Date(s), Location, and Benefit:Vendor agrees to provide recycling
services for Recycling Events (the “Event”) hosted by the City.
The Event location, dates, and times are as follows: Renton Technical College
Parking Lot 3 on June 6, 2026from 10 a.m. – 2 p.m.
B. Vendor Responsibilities:The Vendor agrees to provide the following
services:
1. Description of Services: collection and recycling of mattresses,
boxsprings, cardboard and passenger/light truck tires off the rim. The
vendor shall recycle all collected items in compliance with State and
Federal Laws
2. Delivery, set up,and take down –including dates and times:June 6,
2026. The Vendor shall arrive at the Event location by 9:30 a.m. and
depart by 2:30p.m.
3. Attendance at Event: five (5) Vendorstaff and three (3) trucks.
C. Display Materials:The Vendor is allowed to display their own logo, display
materials, and brochure flyers at the Event.
2. Changes in Scope of Work: Changes to the Work shall be agreed in writing and the
Compensation shall be equitably adjusted consistent with the rates set forth in the
Agreementor as otherwise mutually agreed by the Parties.
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3. Time of Performance: Vendor shall commence performance of the Agreement
pursuant to the schedule(s) set forth above. This Agreement shall commence upon
the authorized signature of this Agreement by the Vendorand Cityand shall continue
until December 31, 2026 unless extended to a later date or terminated/cancelled at
City discretion.
Cancellation Policy:The Cityhas the right to cancel the Eventand/or this Agreement
due to inclement weather or for any reasonat the City’ssole descretion in which case
the Vendor is not entitled to any compensation. No penalty or expense shall accrue
to the City in the event this provision applies. The City will notify the Vendor
immediately following the decision to cancel the Eventor this Agreement.
4. Compensation:
A. Amount. Total compensation to Vendor for Work provided pursuant to this
Agreement shall not exceed the rates below, plus any applicable state and local
sales taxes.Compensation shall be paidas a flat rate fixed sumbased upon Work
actually performed according to the daily rate of $1400.00per eventand per item
rate of $5.00 per off rim passenger and light truck tire. The Vendor agrees that any
hourly or flat rate charged by it for its Work shall remain locked at the negotiated
rateof $1400.00per event, $5.00 per off rim passemger and light truck tireunless
otherwise agreed to in writing. Except as specifically provided herein, the Vendor
shall be solely responsible for payment of any taxes imposed as a result of the
performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any
quarter in which Workisperformed, the Vendor shall submit a voucher or invoice
in a form specified by the City. The Vendor must complete a Vendor Set-up Form
on file with the City. The City may withhold payment for work that does not meet
the requirements of this Agreement.
5. Termination:
The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Vendor in writing.
6. Record Maintenance: The Vendor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be
required by applicable Washington State records retention laws, but in any event no
less than six years after the termination of this Agreement. The Vendor agrees to
provide access to and copies of any records related to this Agreement as required by
the City to audit expenditures and charges and/or to comply with the Washington
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State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall
survive the expiration or termination of this Agreement.
7. Public Records Compliance: To the full extent the City determines necessary to
comply with the Washington State Public Records Act, Vendor shall make a due
diligent search of all records in its possession or control relating to this Agreement
and the Work, including, but not limited to, e-mail, correspondence, notes, saved
telephone messages, recordings, photos, or drawings and provide them to the City
for production. In the event Vendor believes said records need to be protected from
disclosure, it may, at Vendor’s own expense, seek judicial protection. Vendor shall
indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Vendor has responsive records and for which Vendor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Vendor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
order.The provisions of this section shall survive the expiration or termination of this
Agreement.
8. Independent Contractor Relationship:
The nature of the relationship between Vendor and the City of Renton under this
Entertainment Agreement shall be that of an independent contractor, not employee,
consultant, or agent.
9. Hold Harmless: The Vendor agrees to release, indemnify, defend, and hold
harmless the City, elected officials, employees, officers, representatives, and
volunteers from any and all claims, demands, actions, suits, causes of action,
arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’
fees, costs, and/or litigation expenses to or by any and all persons or entities, arising
from, resulting from, or related to the negligent acts, errors or omissions of the
Vendor in its performance of this Agreementor a breach of this Agreement by Vendor,
except for that portion of the claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Vendor and the City, its officers, officials, employees
and volunteers, Vendor’s liability shall be only to the extent of Vendor’s negligence.
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It is further specifically and expressly understood that the indemnification provided
in this Agreement constitute Vendor’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The
Parties have mutually negotiated and agreed to this waiver. The provisions of this
section shall survive the expiration or termination of this Agreement.
10. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Vendor shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
11. Insurance: Vendor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000
for each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. N/A.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence
combined single limit, if there will be any use of Vendor’s vehicles on the City’s
Premises by or on behalf of the City, beyond normal commutes.
E. Vendor shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies
shall not be a source for payment of any Vendor liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit
the liability of Vendor to the coverage provided by such insurance or otherwise
limit the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing
the proper endorsements, shall be delivered to the City before performing the
Work.
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G. Vendor shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
12. Successors and Assigns: Neither the City nor the Vendor shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
13. Notices: Any notice required under this Agreement will be in writing, addressed to
the appropriate party at the address which appears below (as modified in writing
from time to time by such party), and given personally, by registered or certified mail,
return receipt requested, by facsimile or by nationally recognized overnight courier
service. Time period for notices shall be deemed to have commenced upon the date
of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first
business day following transmission.Email and telephone may be used for purposes
of administering the Agreement, but should not be used to give any formal notice
required by the Agreement.
CITY OF RENTON
Julie Pursell
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7396
jpursell@rentonwa.gov
VENDOR
Suzanne Breen
18489 Renton Maple Valley Road
Maple Valley, WA 98038
Phone: (206) 730-6448
tritonexca@gmail.com
14. Discrimination Prohibited: Except to the extent permitted by a bona fide
occupational qualification, the Vendor agrees as follows:
A. Vendor, and Vendor’s agents, employees, representatives, and volunteers with
regard to the Workperformed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
B. The Vendor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
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mental handicaps, or marital status. Such action shall include, but not be limited
to the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If the Vendor fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Vendor is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
15. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Vendor.
B. Vendor will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Vendor shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Vendor to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Vendor employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Vendor is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Vendor is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Vendor is responsible for his/her own Worker’s Compensation coverage as well
as that for any persons employed by the Vendor.
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16. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Vendor represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Vendor.
B. General Administration and Management. The City’s project manager is Julie
Pursell. In providing Work, Vendor shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts.In the event of any inconsistencies between Vendor proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments
to this Agreement are incorporated by reference only to the extent of the purpose
for which they are referenced within this Agreement. To the extent a Vendor
prepared exhibit conflicts with the terms in the body of this Agreement or
contains terms that are extraneous to the purpose for which it is referenced, the
terms in the body of this Agreement shall prevail and the extraneous terms shall
not be incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City
of Renton. Vendor and all of the Vendor’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or
successor. Vendor hereby expressly consents to the personal and exclusive
jurisdiction and venue of such court even if Vendor is a foreign corporation not
registered with the State of Washington.
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H. Severability. A court of competent jurisdiction’s determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates
set forth in the description of the Work is essential to the Vendor’s performance
of this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Vendor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
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