06-043.00 Sunset Outdoor Advertising: Bus Bench PlacementCONTRACT FOR BUS BENCH PLACEM -- --NT1'
This CONTRACT is between the CITY OF SPOKANE VALLEY. a Washington
municipal corporation, referred to hereafter as "City" and M Ho . LLL C16� SMh LeA
Oc-t-aWW vttit%J 1C. h „n5 , whose address is (?o. ysaw 14 (P b 4, . s �,,,�c- .r wWA JSz ry
referred hereafter as "Advertiser ".
The parties agree as follows:
1. PERFORMANCE. The Advertiser shall provide and maintain bus benches for
transit patrons in return for pennission to advertise thereon in accordance with the
following:
A. All bus benches must be placed in the City right-of-way, and be .within ten
feet (10') of a designated transit stop as evidenced by the location of a blue transit sign.
No more than 2 bus benches will be located at any designated transit stop. The backrest
of each bus bench shall not exceed two feet high by six feet wide.
B. Bus benches shall not be placed in, or near a location where the Spokane
Transit Authority ( hereafter referred to as "STA ") has placed a transit shelter.
C. Bus Benches trust comply with the provisions of the Anne, -icons With
Disabilities Act (ADA) requirements.
D. Bus benches are prohibited in areas where benches with signs are prohibited
by STA. It is the responsibility of the Advertiser to be aware of these areas.
E. Bus benches are prohibited in areas that are inconsistent with existing
laws, such as near a fire hydrant or handicapped parking space.
F. The Advertiser must at all times be in compliance with the Spokane Valley
Code provisions relating to signs.
Ci. The Advertiser shall obtain the prior approval of City's Director of
Engineering Services or his/her designee for each placement of a new bench. Installation
or maintenance of benches shall not obstruct traffic flow on the adjacent street.
H. The Advertiser shall keep the benches in good repair, cleaned at regular
intervals and maintained in safe condition. Mach bench shall be inspected, by Advertiser
agent, at least once every thirty (30) days; and noted for repairs with any repairs to be
made within thirty (30) days thereafter. The Advertiser shall maintain litter control
within the immediate area of each bench. Advertiser shall submit maintenance records to
the City within three business days of the request .
C06_43
I. Before this agreement shall become effective, the advertiser shall submit to the
City an inventory of all its benches located on the public right -of -way. The inventory
shall include the bench location, condition and scheduled repairs, if any. The City shall
approve the inventory in whole or in part and has the full authority to order the Advertiser
to remove any bench or to have the bench repaired before it may continue to stay.
2. CONTRACT TEM. The contract shall be for a period of one year, and shall
automatically renew for an additional one year period unless written notice of termination
is provided by one of the parties.
Either party may terminate this contract by ninety (90) days' written notice to the other
party.
3. COMPENSATION. The Advertiser shall pay the City FORTY DOLLARiS
($40.00) per year, per bench, payable in advance, in quarterly installments.
4. PAYNHE'4 NT. The Advertiser shall submit payment to the Spokane Valley
Community Development Department Permit Counter, 11707 Last Sprague, Suite 106,
Spokane Valley, Washington 99206.
5. - NOTICE. Notice shall be given in writing as follows:
TO THE CiTY:
Name: Christine Bainbridge, City Clerk
Phone Number: (509)92 1 -1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
TO THE ADVERTISER:
Name: -To w Tow, o%sgAcA
Phone Number: s o y - q#4 - -141 Z
Address: p.,,. G,, 14 C. t L
Se uu a..r, w'A S °i 1. ly
6. COMPLIANCE WI'I R LAWS. The parties, in the performance of this
agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and
regulations.
7. RELATIONS141P OF THE PARTIES. It is understood, agreed and declared
that the Advertiser shall be an independent Advertiser and not the agent or employee of
the City, that the City is interested in only the results to be achieved, and that the right to
control the particular manner, method and means in which the services are performed is
solely within the discretion of the Advertiser. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the
Advertiser. The Advertiser shall be solely responsible for the conduct and actions of all
employees under this agreement and any liability that may attach thereto.
S. ONArNERSHiP OF DOCUMEN'T'S. All drawings, plans, specifications, and
other related documents prepared by the Advertiser under this agreement are and shall be
the property of the City, and may be subject to disclosure pursuant to RCW 42.17 or
other applicable public record laws.
9. RECORDS. The City shall have the right to examine during normal business
hours a copy of the up -to -date list of bus bench advertising clients, along with the
location of all such bus benches, covered in this contract. This right of review shall
extend for a period of thirty (30) days from the date final payment is made hereunder.
10. INSURANCE. During the term of the contract, the Advertiser shall maintain in
farce at its own expense, the following insurance:
A. Workers* Compensation Insurance in compliance with RCW 51.12.020,
which requires subject employers to provide workers' compensation coverage fir all their
subject workers and Employer's Liability or Stop Cap Insurance in the amount of
$500,000;
B. General Liability Insurance on an occurrence basis with a combined single
limit, of not less that $1,000,000 each occurrence for bodily injury and property damage.
It shall include contractual liability coverage for the indemnity provided under this
contract. It shall provide that the City, its officers, employees and agents are additional
insureds but only with respect to the Advertiser's services to be provided under the
contract: and
C. Automobile Liability Insurance with a combine single limit, or the equivalent,
of not less than $1,000,000 each accident or bodily injury and property damage, including
coverage for o,.vned, hired or non -owned vehicles.
There shall be no cancellation, material change; reduction of limits or intent not to renew
the insurance coverage(s) without thirty 30 days written notice from the Advertiser or its
insurer(s) to the City..
As evidence of the insurance coverage required by this contract, the Advertiser shall
furnish acceptable insurance certificates to the City at the time the Advertiser returns the
signed contract. Tile certificate shall specify all of the parties who are additional insured,
and include applicable policy endorsements, the thirty (30) day cancellation clause, and
the deduction or retention level. Insuring companies or entities are subject to Cite
acceptance. If requested, complete copies of insurance policies shall be provided to the
City. The Advertiser shall be financially responsible for all pertinent deductibles, self-
insured retentions, and /or self insurance.
11. 11\`ll>FMN1 1F1CATiON. Each party shall indemniFy and hold the other, its
officers, employees, agents and volunteers harmless from and against any and all claims,
demands, orders, decrees or judgments for injuries, death or damage to any person or
property arising or resulting from any negligent act or omission on the part of said party
or its agents, employees or volunteers in the performance of this Agreement.
12. WAiVER. No officer. employee. agent or other individual acting on behalf of
either party has the power, right or authority to waive any of the conditions or provisions
of this agreement. No waiver in one instance shall be held to be waiver of any other
subsequent breach or nonperformance. All remedies afforded in this agreement or by
law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the
provisions of this agreement or to require at any time performance by the other party of
any provision hereof shall in no way be construed to be a waiver of such provisions nor
shall it affect the validity of this agreement or any part thereof.
13. ASSIGNMENTS. This contract is binding on the parties and their heirs,
successors, and assigns. Neither party shall assign, transfer or delegate any or all of the
responsibilities of this agreement or the benefits received hereunder, without first
obtaining the NNritten consent of the other party.
14. CONFIDENTIALITY. Advertiser may from time to time receive information
which is deemed by the City to be confidential. Advertiser shall not disclose such
information without the express written consent of the City or upon order of a Court of
competent j urisdiction.
15. .TURiSDiCTiON AND VENUE. This Contract is entered into in Spokane
County, Washington. Venue, shall be in Spokane County; State of Washington.
16. COST AND ATTORNEY FEES. In the event a lawsuit is brought with respect
to this Agreement, the prevailing party shall be awarded its costs and attorney's fees in
the amount to be determined by the Court as reasonable. Unless provided otherwise by
statute, Advertiser's attorney fees payable by the City shall not exceed the total sum
amount paid under this agreement..
17. ENTIRE AGREEMENT. This written agreement constitutes the entire and
complete agreement between the parties and supersedes any prior oral or written
agreements. This Agreement may not be changed, modified or altered except in writing
signed by the parties hereto.
18. ANTI - KICKBACK. No officer or employee of the City of Spokane Valley,
having the power or duty to perform an official act or action related to this contract shall
have or acquire any interest in the contract, or have solicited; accepted or granted a
present of future gift, favor, service or other thing of value from or to any person
involved in this contract.
ly. BUSINPSS LICENSE REQUiREMENT. Section 5.05.030 of the Spokane
Valley Municipal code states that no person may engage in business with the City
without first having obtained a valid business license. The Advertiser shall be
responsible for contacting the Licensing Department to obtain a business license, or an
exemption status determination.
20. SEVERABILITY. If any section, sentence; clause or phrase of this Agreement
should be held to be invalid for any reason by a court of competent jurisdiction, such
invalidity shall not affect the validity of any other section, sentence, clause or phrase of
this Agreement.
21. EXHIBITS. Exhibits attached and incorporated into this agreement are:
1. Insurance Certificates
CITY OF SPOKANE VALLEY
C Z/: 2a "-
David Mercier; City Manager
Dated: �q 1/W66
ATTLSTI -D BY:
Christine Bainbridge, City Clerk
Approved as to form:
P
Office Qf the C16/Attorney
XXX C:OMPAINY
TU 6. -T'J v
By: a
0`itic n - —, +.
SU[....-:T OUTDOOR BUS BENCH LOC.; ...JNS
BD#
CO
BENCH LOCATION
DEC
CLIENT
416
569
SO
Broadway & Lake NEC
11.4
Panther
418
568a
SO
Broadway NL w/o Havana NEC
11.4
Panther
420
570
SO
Fancher & Broadway NEC
12.5
Sticker
449
615
SO
Sprague & Havana NEC
19.4
JEWU
451
617
ATCJSprague
@ Costco Exit NEC
19.4
ISticker
453
616
SO
Sprague SL 100' e/o Fancher
21.5
lComcast
455
619
SO
Sprague NL 100' w/o Fancher
21.5
Panther
459
618
Sprague & Dollar SWC
34.5
EWU
461
621a
SO
Sprague NL 600' e/o Park
35.3
Universal
463
622
ATCJSprague
& Vista NWC
37.2
Comcast
465
625a
SO
Sprague & Bessie NEC
37.2
KXLY /Lo an
467
SO
leway & Girard SWC
20
Panther
469
SO
_ Appleway & Coleman SWC
'20
Comcast
471
623
SO
_plewa SL w/o Vista SEC
20
Panther
473
SO
Appleway SL e/o Vista SEC
20
WAL
475
ATCAppleway
& Dishman SWC
20
Whalen
477
1
N
Appleway SL 50' e/o Dishman
20
ISticker
479
626a
SO
Sprague & Argonne NWC
33.8
Living
480
626b
SOSprague
& Argonne NWC
33.8
Panther
482
627
SO
Monlgomey & Woodruff SL@ Stroh
10
Panther
484
632a
SO
Argonne WL s/o Broadway
13.9
EWU
485
632b
ATC18rrgonne
WL s/o Broadway
13.9
Living
487
637
ATCAEgonne
& Mission SWC
13.7
Clips
489
638a
SO
Argonne & Knox NWC
18.1
Panther
490
638b
SO
r onne & Knox NWC
18.1
Subs
492
640a
SO
r onne & Knox SEC
18.1
Pizza Hut
493
1640b
SO
r onne & Knox SEC
18.1
Cars
495
642a
SO
Argonne & Mont ome SEC
18.1
Subs
496
642b
SW
Argonne & Mont ome SEC
18.1
KEEH
500
644a
SO
Argonne & Trent NWC
18
Subs
501
644b
O
r onne & Trent NWC
18
Clips
503
646a
SO IMullan
& Mission SEC
18.3
Subs
504
646b
SO IMullan
& Mission SEC
18.3
Living
506
648
SO
Mullan & Sinto SEC
18.3
Comcast
508
650a
SO
Mullan & Boone SEC
18.3
Comcast
510
652a
ATCMullan
& Broadway SEC
12.9
Whalen
512
652b
SO
Mullan & Cataldo SEC
12.9
Clips
514
SO IMullan
& Main SEC
12.9
Whalen
516 1654a
SO ISprague
& Mullan NEC
28.9 IClips
517
654b
SO JSprague
& Mullan NEC
28.9
Subs
519
700
SW ISprague
& Locust NEC
28.9
EWU
521
702
SO
Sprague & Farr NWC
28.9
Living
523
706
SOSprague
& Herald NWC
28.9
Comcast
1 525
12a
SOSprague
& Raymond NEC
28.4
Comcast
526
02b
SOSprague
& Raymond NEC
28.4
Pizza Hut
528
716
ATCISprague
& U-Citf NL
28.4
Whalen
530
721
SO
University & 16th SWC
5
Clips
532
722
SO
Sprague & Gillis SWC
28.4
Comcast
534
720
SO
Sprague SL e/o Ski worth
28.4
Comcast
SUV, T OUTDOOR BUS BENCH LOC, )NS
-� 9 6x GL'o.o X
o
=1� -7 cL v
2 ( 3. 3 3
BD#
CO
I BENCH LOCATION
DEC
CLIENT
536
724
ATCISprague
w/o Bowdish
30
Comcast
538
726a
SO
Sprague & Bowdish SEC
30
EWU
539
726b
SO
Sprague & Bowdish SEC
30
Comcast
541
728b
SO
Sprague NL w/o Pines
30
Whalen
543
729
SO
Pines & Alki NWC
20
Subs
545
731
SO
JPines & Valleyway NWC
20
Subs
547
730a
SO
SDraoue SL e/o Pines
26
Numerica
549
736
ATCSprague
& McDonald NWC
26
Subs
551
738
ATCSprague
& McDonald SEC
26
Comcast
553
742
ATCSpraque
& Evergreen SEC
25
JEWU
555
f744a
SOS
rague & Evergreen NWC
25
Numerica
556
744b
SO
]Sprague & Evergreen NWC
25
Comcast
558
746
O
Mission SL w/o Evergreen (overpass
10
Clips
560
750
ATCS
ra ue & Best NEC
23.3
KXLY /Lo an
562
746
ATCS
ra ue NL w/o Adams
23.3
IComcast
564
1752a
SOS
rague NL 100' w/o Progress NWC
21.2
IComcast
565
752b
SO
S ra ue NL 100' w/o Progress NWC
21.2
Numerica
567
753
ATCSprague
& Progress SWC
21.2
Comcast
569
754b
SO
ISprague SL 50' e/o Sullivan
21.2
EWU
571
756
ATCSprague
NL w/o Sullivan
21.2
Comcast
573
760b
SO
Sprague w/o Sullivan NWC
19.5
ICars
575
767
SO
Sullivan WL Noodle Express
15
endy Bailey
577
763a
ATCSullivan
EL 150' n/o Sprague
23.9
iWendy Bailey
578
763b
SO
ullivan EL 150' n/o Sprague
23.9 IClips
580
765 ISO
ISullivan EL s/o Broadway
23.9
Clips
582
767
SO ISullivan
EL 50' n/o Broadway
23.9
Clips
584
ATCSullivan
& Valleyway SEC
23.9
Clips
586
SO
Sullivan & Euclid SWC
15
Dollar /One Stop
588 1
766
SO
Sullivan @ Industrial Park
15
Panther
590 1
768
SO
Appl eway & Greenacres NEC 1
10
Leak Seeker
-� 9 6x GL'o.o X
o
=1� -7 cL v
2 ( 3. 3 3
06/14/2006 13:08 253857 "7'2 VIRGIL MCLAGAN ., " °, PAGE 01/19
ACORD CERTII=ICKil. OF LIABILITY INSURAN'�.'E
�o 114/20006
PRODUCER Serial # 100488
VIRGIL MCLAGAN COMPANY
RANDY V. MCLAGAN
P.O. BOX 58725
THIS CERTIFICATE IS ISSUED AS A SMATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
RENTON, WA 98058
INSURERS AFFORDING COVERAGE
NAIC19
INSURED EMERALD OUTDOOR ADVERTISING L J.0
SUNSET OUTDOOR ADVERTISING
INSURER A: WESTERN NATIONAL ASSURANCE
INSURER B:
INSURER C:
9616 E SPRAGUE SUITE B
INSURER D:
SPOKANE, WASHINGTON 99206
INSURER E:
(COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE N61Y BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREQATE LIMITS, SHOWN A ^,AY HAVE BEEN REDUCED BY PAID CLAIMS,
A
2919
TYPE OF INSURANCE
POLICY KUNfBER
POOLIGY EF ECTIVE
POLICY P.XP(R N
L1MlT$
CENERALNAB0.ITY
LACK OCCURRENCE
S 11000,000
A
X CONVACRCIAL GSNERAL LIABILITY
CLAWS MADCH fl OCCUR
CP300007227
09/01/2005
09/01/2006
of LAGS Tc� E o
f 100,000
MEDQCP «IO
s 5,000
FcRZO.W s AOV INMRiY
s 1,000,000
0c'IIERAL AGGREGATG
0 2,000 000
GENL AGGREGArr LIMIT APPL!_S PEi2:
PRODUCTS . COMGPW AGO
S 2,000 000
POLLCr n I M LOC
A
X
OBIILEUA0IUTY
ANY AUTO
CA300007057
07115/2005
07/15/2006
001A s -.wL,E LIMUr
(Ea ry
s 1,000,000
BCOILY INJURY
(Per perm
S
ALL CY-NEDP.UT08
SCHEDULED AUTCS
BODILY INJURY
o�c>dorEl
4
HIRED A000
NOMOV"ED AUTOS
PRC°ERTY� AAIAGE
f
GARAGE UAIMI Y
AUTO ONLY - EA. ACCIDENT
b
OTHER T)1A4 EA ACC
AMONLY; Aaa
b
ANY NUro
s
EACESSrUkBRELLA IJAMLITY
EACH OCCURRENCE
9
OCCUR 0 GAINS MADE
AGGREGATE
s
b
L
dEDUCTIELE
b
FETENTION S
A
WORKER'S COILPENSATION AND
HMPLOYr;wLIAELITY
ANY OFFFIICEWMEMM8FR E%CLUOE1DY %ECUTIVE
WA STOP GAP
CP300007227
0910112005
0910112006
ITICIMW
El. BACHACCIOr.IR
b 1,000,000
Et DISEASE .&A EMPLCYE_=
S 1 ,000,000
SP ( :,ALLPROVI I^ OV$
EL DISEASE • POLICY WAIT
f 1,OOO,QOQ
OTHER
DESCRIPTION OF OPF. RATIONS .(LOCATIONSA'EHXLES(EXCLUS*WS ADOCD BY I:NWASE 1EMM- PECUIL PROVISION3
CITY OF SPOKANE VALLEY, ITS OFFICERS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSUREDS. COVERAGE IS
PRIMARY AND NON - CONTRIBUTORY TO THE EXTENT COVERED UNDER FORM CG 0001 (10101) WAIVER OF TRANSFER OF RIGHTS
IS INCLUDED PER ATTACHED FORM CG 24 04 10 93
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE AP_OVE DESCRIBED POUCES 82 CANCELLED BEFORE THE E7SRATION
OATETHEREOF,THEISSLnING wSURER WILL ENDEAVOR TO MUD IL __30 DAYs'MrTEV
CITY OF SPOKANE VALLEY
11707 E SPRAGUE
SUITE 106
NOTICE TO THE CERTIPMATE HOLDDEF NAMED TO TH? LEFT. BUT FAILURE TO DO SO SMALL
IMPOSE No 08! IGATION OR LIABILITY OR AM KIND UPON THE wSUREeZ, ITS A(;--N-To OR
SPOKANE VALLEY, WA 99206
REPPE ATlYee.
AUTIIO E Arne
ACORD 25 (2011108) 0 0 ACORD CORPORATION 1988
06/14/2006 13:08 25385 -`--.-) VIRGIL MCLAGAN _ PAGE 02/19
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and eonditions.of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 2S
ORDER(
Two
x s
,MEMO
SUNSET OUTDOOR ADVERTISING
City of Spokane Valley
Licenses and Permits
pro -rata 2nd qrt
6/7/2006
This document contains personal confidential information
and has been redacted pursuant to RCW 42.56.230(3).
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
* *263.33
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DOLLARS
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RP S` 5 :
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NP
1861
263.33
America West Bank pro -rata 2nd qrt 263.33