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Home My WebLink AboutContract CAG-19-176 AGREEMENT BETWEEN THE CITY OF NEWCASTLE AND CITY OF RENTON FOR HANGING BANNERS OVER COAL CREEK PARKWAY THIS AGREEMENT for services ("Agreement") is made and entered into this , }ti day of ...„..THIS , 2019, by and between the City of Renton, a Washington municipal corporation ("Renton") and the City of Newcastle, a Washington municipal corporation ("Newcastle"), (individually a "Party" and collectively the "Parties") for the purposes set forth herein. RECITALS A. Newcastle has numerous public events open to the public, and it would like to have banners hung over Coal Creek Parkway to notify the public of such events; and B. Renton has the ability and staff to hang Newcastle banners over Coal Creek Parkway in order to notify the public at large of upcoming Newcastle events; and C. The Parties acknowledge that they can achieve costs savings and benefits in the public's interest if Renton assists Newcastle in hanging banners for public events; and D. The Parties desire to enter into this Agreement to identify the Parties' duties and cost allocation. NOW THEREFORE, in consideration of the terms and condition herein, the Parties agree as follows: AGREEMENT 1. Recitals. The recitals set forth above are hereby incorporated into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to authorize Renton, on behalf of Newcastle, to hang certain banners over Coal Creek Parkway on existing cables for Newcastle events. The Agreement is also intended to set out Newcastle's payment to Renton for such work. 3. Performance of Work—Contract Administration. A. Hanging Banners. Renton agrees to hang banners over Coal Creek Parkway on identified existing cables for Newcastle public events. The Parties agree that the scope of this work and dates for hanging banners are set forth in Exhibit 1 — Scope of Work, attached hereto and incorporated by reference as if set forth in full ("Work"). Renton, by and through its employees shall perform the Work on behalf of the City. 383771.011359830100041884b01!.DOC -1- B. Renton as Responsible Agency. The City of Renton shall serve as the agency responsible for implementing the Work, as set forth herein. C. Payment to Renton. Newcastle shall pay Renton for the time expended by Renton to perform the Work in an amount not to exceed $483.84 based on each time that Renton performs the Work to: hang up a banner, remove a banner, or remove and hang up another banner. The Parties acknowledge that the $483.84 includes all Renton's costs of performing the Work related to time, gas, materials, etc. The City shall pay the amount to Renton within 30 days of the Work being performed by Renton. D. Schedule. The Parties anticipate that the Work will be performed throughout the year, and as generally described below. Newcastle will provide at least five (5) days verbal notice to Renton to verify the specific date and time for hanging and removing banners across Coal Creek Parkway: (1) May: Renton to hang Town Hall Banner; not to exceed $362.88 (2) June: Renton to take down Town Hall Banner and hang 4th of July banner; not to exceed $483.84. (3) July: Renton to take down 4th of July banner and hang Concert in the Park banner; not to exceed $483.84. (4) August: Renton to take down Concert in the Park banner and hang Newcastle Days banner, not to exceed $483.84. (5) September—Take down Newcastle Day banner, not to exceed $362.88. E. Banner. Newcastle shall provide Renton with the ready to hang banner for each event along with 100 ft. of yellow poly rope. Renton shall pick up the ready to hang banner at Newcastle City Hall. 4. Compliance with Law. Nothing in this Agreement shall be construed as excusing a Party from compliance with any applicable federal, state, or local laws and regulations. All such requirements and regulations are hereby made a condition of this Agreement. Violation of any such requirement or regulation shall constitute a breach of this Agreement by either Party. 5. Indemnity and Hold Harmless. A. Newcastle. Newcastle shall hold harmless, indemnify and defend Renton, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, liability or death to persons or damage to property or business, caused by or arising out of Newcastle's negligent or intentional acts, errors or omissions in the performance of this Agreement; Provided, that in the event of the concurrent negligence of the parties, Newcastle's obligations hereunder shall apply only to the percentage of fault attributable to Newcastle, its officers, officials, employees or agents. 383771.011359830100041 884b01!.DOC -2- B. Renton. Renton shall hold harmless, indemnify and defend Newcastle, its officers, appointed and elected officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, liability or death to persons or damage to property or business, caused by or arising out of Renton's negligent or intentional acts, errors or omissions in the performance of this Agreement; Provided, that in the event of the concurrent negligence of the parties, Renton's obligations hereunder shall apply only to the percentage of fault attributable to Renton, its officers, officials, employees or agents. C. Waiver. The foregoing indemnity provisions are specifically and expressly intended to constitute a waiver of each party's immunity under Washington Industrial Insurance Act, Title 51, as respects the other party only, and only to the extent necessary to provide each party with a full and complete indemnity of claims made by the other party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. D. Duration of section. The provisions of this Paragraph 5, Indemnity and Hold Harmless, shall survive the expiration or earlier termination of the Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. 6. Responsibility for Safety. Renton shall be responsible for safety and safety conditions at the Work site, including the safety of all persons and property during performance of said Work. 7. No Transfer or Assignment. This Agreement shall not be transferred or assigned in any manner. The covenants and agreement set forth herein shall not run with the land and are personal to Newcastle and Renton. 8. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any action brought arising out of this Agreement shall be King County Superior Court, King County, Washington. 9. Attorneys' Fees. In the event that either City =commences any legal action relating to the provisions of this Agreement, the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled in this Agreement, to all costs of litigation, including, but not limited to, costs, expert witness, and reasonable attorney's fees, including all such costs and fees incurred on appeal. 10. Authority to Enter Agreement. Each party represents and warrants that it has the full authority to enter into this Agreement, and that the individual executing this Agreement on its behalf is authorized to do so. 11. Entire Agreement. This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or 383771.01135983010004 1884b01!.DOC -3- understandings, written or oral, between the parties. Any agreement or modification of the terms and conditions of this Agreement shall be pursuant to a written document signed by both parties. 12. Effective Date and Termination. This Agreement shall be effective on the date by which both Parties have signed this Agreement. This Agreement shall terminate upon completion of the Work and full payment to Renton for such Work. DATED this J day of J J'e-' 2019 BY: CITY OF RENTON BY: CITY OF NEWCASTLE )n 4 n Signature Signature Its: Public Works Administrator Its: City Manager Printed Name: Gregg Zimmerman Printed Name: Rob Wyman Wyman City e n t o n .``� � ,'� „„� "F�{r 's.,� Mayor Denis Law At S I1//- `�4 EDtSEPI•c3' ' 44,..„ 664.7 tfri Ja on A. Seth, City Clerk 383771.01 1359830100041884b01!.DOC -4- EXHIBIT 1 2019 SCOPE OF WORK (Insert dates and scope of work below) Banner Schedule May Week of 5/20/19 Hang Town Hall Banner June 6/19/19 Remove Town Hall Banner; Hang 4th of July July Week of 7/8 Remove 4th of July banner, Hang Concerts in Park banner August Week of 8/12 Remove Concerts banner, Hang Newcastle Days banner September Week of 9/9 Remove Newcastle Days banner Notification Newcastle staff will provide exact dates to the Renton sign/signal shop and verbally notify staff at least five (5) days in advance of the specific date and time to verify hanging and removing banners across Coal Creek Parkway. Hanging/Removal Renton staff will pick up banners at Newcastle City Hall on specified day prior to hanging and return banners to Newcastle City Hall upon removal. 383771.01 1359830(0004 1 884b01!.DOC -5-