HomeMy WebLinkAboutContract CAG-17-029
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�1day
of 1'(l o�.r�� , 2017, 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 A�reement. 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. Han�g 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.
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B. Renton as Responsible A e�nCX. The District 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 $224 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 $224 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) February — March: Renton to hang/take down Newcastle/YMCA SK Run
banner;
(2) June: Renton to hang 4th of July banner;
(3) July: Renton to take down 4th of July banner and hang Concert in the Park
banner;
(4) August: Renton to take down Concert in the Park banner and hang Newcastle
Days banner
(5) September—Take down Newcastle Day banner.
E. Banner. Newcastle shall provide Renton with the ready to hang banner for each
event. 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.
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B. Renton. Renton sha11 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. Attornevs' Fees. In the event that either the City or the District 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. Authoritv 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 A�reement. This Agreement represents the entire Agreement between the
parties with respect to the subject matter hereof, and supersedes any prior agreements or
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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 �a-nday of f��-c , 2017
BY: C Y OF RENTQN
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.(>i� .t.I� Attest: ` 7 Z3��l
Signature J son th, Cit C erk
Its: Ma.�r
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Printed Name: Denis Law .••`` '���
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BY: CITY O WCASTLE _ : SEA� _ _
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Signature ��ii�AOq/���bun��a�"��`1q�������
Its: City Mana�er '���������sEP��g�`���``
Printed Name: Rob Wyman
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EXHIBIT 1
2017 SCOPE OF WORK (Insert dates and scope of work below)
Banner Schedule
March 1 & March 14 Hang/Remove Newcastle/YMCA SK Run banner;
June Week of 6/12 Hang 4`h of July
July Week of 7/5 Remove 4th of July banner, Hang Concerts in Park banner
August Week of 8/14 Remove Concerts banner, Hang Newcastle Days banner
September Week of 9/11 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.
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