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HomeMy WebLinkAboutContractCAG-18-281 AGREEMENT rOR PARKING ATTENDANT SERVICES THIS AGREEMENT, dated No% or "CLIENT"), a Washington m of PO Box 20832, Seattle, WA liability company. The City an the "Parties." Once fully exec signed by both parties. 1. Sco a of Work: C Exhibit A, which is as the "Work." 2. Chanapc in Crnna changes to the Work c, to the Work shall be equitably adjusted cor agreed by the Parties. mber 20, 2018, is by and between the City of Renton (the "City" nicipal corporation, and Valet Mobile, LLC d/b/a Red Carpet Valet 8102-0832 ("Consultant" or "Red Carpet"), a Washington limited the Consultant are referred to collectively in this Agreement as :ed by the Parties, this Agreement is effective as of the last date agrees to provide parking attendant services as specified in and incorporated herein and may hereinafter be referred to The City, without invalidating this Agreement, may order ig of additions, deletions or modifications. Any such changes ?d by the City in writing and the Compensation shall be with the rates set forth in Exhibit A or as otherwise mutually 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant tothe schedul (s) set forth in Exhibit A. All Work shall be performed by no later than the date and time pecified in Exhibit A. 4. A. Amount,. Total corn Agreement shall not actually '!performed Consultant agrees tt locked at the negoti Exhibit A. Except a responsible for payr payment of this Agre B. Methnd of Pavmnnt Work. Payment sha calendar'; days after i City may withhold Agreement, ensation to Consultant for Work provided pursuant to this xceed $1,216.61. Compensation shall be paid based upon Work :cording to the rate(s) or amounts specified in Exhibit A. The t any hourly or flat rate charged by it for its Work shall remain ed rate(s) unless otherwise agreed to in writing or provided in specifically provided herein, the Consultant shall be solely ant of any taxes imposed as a result of the performance and ment. The Consultant shall submit a final bill upon completion of the I be made by the City for Work performed within thirty (30) aceipt and approval by the appropriate City representative. The ayment for work that does not meet the requirements of this C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non -Appropriation f Funds. If sufficient funds are not appropriated or allocated for payment under thi Agreement for any future fiscal period, the City shall not be obligated to make ayments for Work or amounts incurred after the end of the current', fiscal perio and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the evenj this provision applies. 5. Termination: A. The City reserves th right to terminate this Agreement at any time, with or without cause by givingten (0) calendar days' notice to the Consultant in writing. In the event of such termination r suspension, all finished or unfinished documents, data, studies, worksheets, model and reports, or other material prepared by the Consultant pursuant to this Agr ement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agr ement is terminated by the City, the Consultant shall be entitled to payment for all hc urs worked to the effective date of termination, less all payments previously made. If t ie Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking an f legal remedies it may have for the violation or nonperformance of any of the provisi ns of this Agreement and such charges due to the City shall be deducted from the nal payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plan;, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consult nt further represents and warrants that all final work product created for and deliverec to the City pursuant to this Agreement shall be the original work of the Consultant and ee from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work pro uct produced pursuant to this Agreement. The City's or other's adaptation, modifica this Agreement shall shall survive the expi n or use of the final work products other than for the purposes of without liability to the Consultant. The provisions of this section ion or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all di ect 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 yearsafter the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charg s and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agr ement. 8. 9. with the Washington St; of all records in its pc including, but not limit( recordings, photos, or d Consultant 'believes sa Consultant's own exper and hold harmless the ( or litigation; related to a records and for which C or not provided them distribution any and all manner, unless those re shall survive the expirat A. The Consultant is rei in this Agreement. T during the period i employee. The Cons details, manner or r Consultant shall ha schedule, unless otl attendance or perfc Consultant shall ret covered by this agr workers at such cor provided; however, alone, and that emp for the City. nce: To the full extent the City determines necessary to comply to Public Records Act, Consultant shall make a due diligent search ssession or control relating to this Agreement and the Work, d to, e-mail, correspondence, notes, saved telephone messages, -awings and provide them to the City for production. In the event d records need to be protected from disclosure, it may, at se, seek judicial protection. Consultant shall indemnify, defend, ity for all costs, including attorneys' fees, attendant to any claim Public Records Act request for which Consultant has responsive insultant has withheld records or information contained therein, to the City in a timely manner. Consultant shall produce for 'ecords responsive to the Public Records Act request in a timely :ords are protected by court order. The provisions of this section :)n or termination of this Agreement. dined by the City only for the purposes and to the extent set forth e nature of the relationship between the Consultant and the City !f the Work shall be that of an independent contractor, not rltant, not the City, shall have the power to control and direct the leans of Work. Specifically, but not by means of limitation, the ✓e no obligation to work any particular hours or particular erwise indicated in the Scope of Work or where scheduling of rmance is mutually arranged due to the nature of the Work. fin the right to designate the means of performing the Work cement, and the Consultant shall be entitled to employ other ipensation and such other conditions as it may deem proper, hat any contract so made by the Consultant is to be paid by it oying such workers, it is acting individually and not as an agent B. The City shall not incometax or So Program, or otherw or any employee of C. If the Consultant is Consultant agrees t retired under a Sta losses the City may I 10. Hold Harmless: The Coi the City, elected official and all claims, deman proceedings, judgment; penalties, expenses, att by any and all persons o acts, errors' or omissior breach of this Agreemei the City's sole negligent Should a court of comp 4.24.115, (Validity of a construction, alteratior estate...) then, in the e, or damages to properi Consultant and the Cif liability shall be only to responsible for withholding or otherwise deducting federal Security or contributing to the State Industrial Insurance assuming the duties of an employer with respect to Consultant e Consultant. sole proprietorship or if this Agreement is with an individual, the notify the City and complete any required form if the Consultant of Washington retirement system and agrees to indemnify any ustain through the Consultant's failure to do so. iultant agrees to release, indemnify, defend, and hold harmless , employees, officers, representatives, and volunteers from any s, actions, suits, causes of action, arbitrations, mediations, awards, injuries, damages, liabilities, taxes, losses, fines, fees, rney's or attorneys' fees, costs, and/or litigation expenses to or entities, arising from, resulting from, or related to the negligent of the Consultant in its performance of this Agreement or a t by Consultant, except for that portion of the claims caused by tent jurisdiction determine that this agreement is subject to RCW reement to indemnify against liability for negligence relative to improvement, etc., of structure or improvement attached to real !nt of liability for damages arising out of bodily injury to persons caused by or resulting from the concurrent negligence of the its officers, officials, employees and volunteers, Consultant's he extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Tit) 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 ortermination of this Agreement. 11. Gifts and Conflicts: Th employees from solicit person, firm' or torpor; with the City's Code of to City employees or o� business interest or a cl is, or will be involved Agreement, or evaluati City's Code of Ethics and Washington State law prohibit City 1g, accepting, or receiving any gift, gratuity or favor from any on involved in a contract or transaction. To ensure compliance hics and state law, the Consultant shall not give a gift of any kind cials. Consultant also confirms that Consultant does not have a ;e family relationship with any City officer or employee who was, n selecting the Consultant, negotiating or administering this the Consultant's performance of the Work. 12. License prior to perfc throughout the term Information regarding htta:/lwww.rentonwa regarding a.eov/doi 13. Insurance: Consultant A. Commercial genera each occurrence/$: B. In the event that indirectly involve c Omissions coverag occurrence. "Profe! Work provided by standard of care. C. Workers' compens2 State of Washingtoi D. Commercial Automc or non -owned, witr limit, if there will bt behalf of the City, bi E. Consultant shall nai liability policy on a r not be a'source for 1 any insurance requ Consultant to the cc recourse to any rem F. Subject to the City's proper endorsement G. Consultant shall pro% two (2) business day 14. Delays: Consultant is Consultant's' reasonable s License: The Consultant shall obtain a City of Renton Business ling any Work and maintain the business license in good standing this agreement with the City. uiring a city business license can be found at: Icros/One.aspx?portalid =7922741&paeeld=(- business licensing requirements can be found at: all secure and maintain: liability insurance in the minimum amounts of $1,000,000 for )00,000 aggregate for the Term of this Agreement. lork delivered pursuant to this Agreement either directly or require Professional Services, Professional Liability, Errors and shall be provided with minimum limits of $1,000,000 per onal Services", for the purpose of this section, shall mean any licensed professional or Work that requires a professional on coverage, as required by the Industrial Insurance laws of the shall also be secured. bile Liabilityfor owned, leased, hired or non -owned, leased, hired minimum limits of $1,000,000 per occurrence combined single any use of Consultant's vehicles on the City's Premises by or on yond normal commutes. a the City as an Additional Insured on its commercial general n-contributory primary basis. The City's insurance policies shall iyment of any Consultant liability, nor shall the maintenance of ed by this Agreement be construed to limit the liability of erage provided by such insurance or otherwise limit the City's ly available at law or in equity. review and acceptance, a certificate of insurance showing the shall be delivered to the City before performing the Work. de the City with written notice of any policy cancellation, within of their receipt of such notice. responsible for delays caused by factors beyond the rol. When such delays beyond the Consultant's reasonable i k control occur, the City .l Consultantt.be deemed 15. Successors' and Assign encumber any rights, written consent of the 16. Notices: Any notice re appropriate party at th to time by such party), requested, by facsimile for notices' shall be de facsimile delivery will b� transmission. Email an Agreement, but should i CITY, OF RENTON 17. Sonja Mejlaender 1055 South Grady V� Renton, WA 98057 Phone: (42S) 430-65 smejlaender@rentoi qualification, the Consu A. Consultant, and Co with regard to the not discriminate on � status, sexual orient provisions), honorab sensory,mental or I qualification in relati for employment, th under this Agreeme B. The Consultant will t< that employees are I color, national origi. handicaps, or mariu following employmei advertising, layoff or selection' for training. ees the Consultant is not responsible for damages, nor shall the be in default of the Agreement. Neither the City nor the Consultant shall assign, transfer or ties or interests accruing from this Agreement without the ier. sired under this Agreement will be in writing, addressed to the address which appears below (as modified in writing from time id given personally, by registered or certified mail, return receipt r by nationally recognized overnight courier service. Time period !med to have commenced upon the date of receipt, EXCEPT deemed to have commenced on the first business day following telephone may be used for purposes of administering the of be used to give any formal notice required by the Agreement. CONSULTANT Amanda Laloye - Red Carpet Valet PO Box 20832 Seattle, WA 98102 Phone: 206-528-2162 info@redcarpetvalet.net Fax: 206-381-5982 J: Except to the extent permitted by a bona fide occupational int agrees as follows: ;ultant's agents, employees, representatives, and volunteers )rk performed or to be performed under this Agreement, shall ie basis of race, color, sex, religion, nationality, creed, marital Lion or preference, age (except minimum age and retirement discharged veteran or military status, or the presence of any iysical handicap, unless based upon a bona fide occupational nship to hiring and employment, in employment or application administration of the delivery of Work or any other benefits , or procurement of materials or supplies. ke affirmative action to insure that applicants are employed and 'eated during employment without regard to their race, creed, i, sex, age, sexual orientation, physical, sensory or mental I status. Such action shall include, but not be limited to the it, upgrading, demotion or transfer, recruitment or recruitment termination, rates of pay or other forms of compensation and 18. 19. C. If the Consultant f` ils to comply with any of this Agreement's non-discrimination provisions, the Citshall have the right, at its option, to cancel the Agreement in whole or in part. 1 D. The Consultant 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 lilumber 4085. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. F B. Consultant will note be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. k C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the exten specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide !Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub -contracts, or otherwise assigns the responsibility to perform the Work, said emp oyee/sub-contractor/assignee will acquire and or maintain such training,' licensing, o certification. E. This is a'',non-exclusi te agreement and Consultant is free to provide his/her Work to other entities, so lor g as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is respo sible for his/her own insurance, including, but not limited to health insurance. G. Consultant is respon ible for his/her own Worker's Compensation coverage as well as that for any persons mployed by the Consultant. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver his Agreement on behalf of the City or Consultant. rA Me ma Aammistra -on and Management. The City's project manager is Sonja er. In provi ing Work, Consultant shall coordinate with the City's contract or his/her designee. C. Amendment and instrument in writi D. Conflicts. In the ev Agreement, the to this Agreement are which they are ri prepared exhibit c terms that are extr body of this Agri incorporated herei edification. This Agreement may be amended only by an duly executed by both Parties. nt of any inconsistencies between Consultant proposals and this ns of this Agreement shall prevail. Any exhibits/attachments to incorporated by reference only to the extent of the purpose for erenced within this Agreement. To the extent a Consultant iflicts with the terms in the body of this Agreement or contains neous to the purpose for which it is referenced, the terms in the !ment shall prevail and the extraneous terms shall not be E. Governing Law. Th s Agreement shall be made in and shall be governed by and interpreted in acco dance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with a�I applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effortp 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 cf the preparation, substitution, submission or other event of negotiation, draftink or execution. G. interpret this Agreei County Superior Co Center in Kent, King hereby expressly cc such court even if G Washington. H. Severability. A cour part of this Agreen remainder of this A I. Sole and Entire Ag. Parties and any re incorporated are e� J. its provisions in whi forth in the descript this Agreement. e. Any lawsuit or legal action brought by any party to enforce or lent or any of its terms or covenants shall be brought in the King rt for the State of Washington at the Maleng Regional Justice ounty, Washington, or its replacement or successor. Consultant isents to the personal and exclusive jurisdiction and venue of isultant is a foreign corporation not registered with the State of of competent jurisdiction's determination that any provision or !nt is illegal or unenforceable shall not cancel or invalidate the -eement, which shall remain in full force and effect. This Agreement contains the entire agreement of the ions or understandings, whether oral or written, not ded. Time is of the essence of this Agreement and each and all of performance is a factor. Adherence to completion dates set of the Work is essential to the Consultant's performance of K. construed to give ; Parties,and all duti be for the sole and L. Binding' Effect. The and legal represent successors, assigns covenants of the Al M. Waivers. All waiver failure to enforce a prevent either the provision of this Af Agreement shall n( unless it is exoressl aries. Nothing in this Agreement is intended to, nor shall be >y rights or benefits in the Agreement to anyone other than the s and responsibilities undertaken pursuant to this Agreement will !xclusive benefit of the Parties and no one else. 'arties each bind themselves, their partners, successors, assigns, hives to the other party to this Agreement, and to the partners, and legal representatives of such other party with respect to all ,eement. shall be in writing and signed by the waiving party. Either party's y provision of this Agreement shall not be a waiver and shall not City or Consultant from enforcing that provision or any other eement in the future. Waiver of breach of any provision of this be deemed to be a waiver of any prior or subsequent breach waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each v f which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Pa last signed by the Parties belov CITY OF RENTON By: Kelly Beym Community Service Date Approved as to Legal Fc Shane Moloney s Renton City, Attorney Contract Template Updated 08/22/21 have voluntarily entered into this Agreement as of the date CONSULTANT By: Amanda LaJoye Administrators Red Carpet Valet JI Date EXHIBIT A TO PARKING ATTENDANT AGREEMENT WHEREAS, CLIENT desires to provide parking attendant services for guests who attend the event held on November 30, 2018 at 1201 Lake Washington Blvd N; Renton, WA 98056 from 2:30 p.m. until 7:30 p.m.; and WHEREAS, CLIENT and Red Carpet choose to state the terms and conditions upon which Red Carpet will provide that parking service to Client' guests; CLIENT and Red Carpet agree as follows: 1. COMPENSATION. In consideration for providing valet parking services, Red Carpet shall be paid $1216.61. Forms of payment accepted include Visa, Mastercard, American Express, or Check. 2. LOCATION OF SERVICE. Parking attendants will provide service at 1201 Lake Washington Blvd N; Renton, WA 98056 ("Parking Attendant Station").