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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 - E DOLLARS z s Ytg�a _tip lL RP S` 5 : Vl NP 1861 263.33 America West Bank pro -rata 2nd qrt 263.33