AG 12-0141
I RETURN
TO: EXT:
CITY OF FED RAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: PC- 1(' kLS
ORIGINATING STAFF PERSON: �''
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G.,
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
X CONTRACT AMENDMENT (AG#):12 —o I LI
❑ OTHER
EXT: L '? to
3 3. DATE REQ. BY:
RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
PROJECT NAME: - 3 � � { t� ►' J
NAME OF CONTRACTOR:
ADDRESS:
E-MAIL:
SIGNATURE NAME:
TELEPHONE
FAX:
TITLE
EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF9/13/1
OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: o` / 13/ I a COMPLETION DATE: 2, 3 I / 19
TOTAL COMPENSATION $ 41150 `r 91' i • 2.2s= 53 J (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR GE - ATTACH SCH DULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES El NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT:
❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO: bbl _ 110Q.- 331 - 5-76
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
El PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW OC9 )..t Z.Oiy
1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE:
COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 1 h / a DATE REC' D: 22/ 18
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
01$
❑ LAW DEPARTMENT
'SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
;OMMENTS:
AG#
DATE SENT:
1111!ll 1
Vecferal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
1,vww cityoffederalway com
AMENDMENT NO. 3
TO
GOODS AND SERVICES AGREEMENT
FOR
PORTABLE TOILETS
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Temporary Storage of Washington, Inc. dba Head Quarters, a Washington corporation
("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the
Parties, agree to amend the original Agreement for Portable Toilets ("Agreement") dated effective February 13,
2012, as amended by Amendment No(s). 1 and 2, as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 3/2017
Pecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
‘,vww. cityofederalway.corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
By:
411
Jim Ferreay•r
DATE:
TEMPORARY STORAGE OF WASHINGTON DBA
HEAD QUARTERS:
By:
Printed Name:
Title:
Date:
Vice i° c5ic�'
STATE OF WASHINGTON )
COUNTY OF ' llie\
) ss
ATTEST:
Courtney, ney, CMC( pity Clerk
S hanie
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me ,.�0.Y\SR..Y-s LSI SLY\ , to me known to be the
\I\«. VY',QS)6...vo� of ' J e ' t��st.... that executed the foregoing
instrument, and acknowledged the said instrument to lie the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate s seal of said corporation.
GIVENS hin4, nd official seal this 1 �� day of Z -C 'f\ C`'� , 20'�
•• Notary's signature 1 )Yh
•
NOTARY PUBLIC '. _ Notary's printed name` �-e \ "br-TYYL vNx
i f COMM EXP►RES _ Notary Public in and for the State of Washington.
NOV• 15.2019 My commission expires N 1 S win
. O
''iii„•
0 k4
E 44, �
E.
OF W AST',
AMENDMENT - 2 - 3/2017
Federal Way
EXHIBIT B-3
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www c,tyoffederalway com
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Four Thousand Nine Hundred Thirteen and 25/100 Dollars ($4,913.25). The total amount payable to
Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount
not to exceed Fifty -Three Thousand Six Hundred Sixty -Three and 25/100 Dollars ($53,663.25).
AMENDMENT - 3 - 3/2017
I
I RETURN TO: yY\,,,r_ 1 j EXT: LJ 0'
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING
2. ORIGINATING
4. TYPE
❑ CONTRACTOR
❑ PUBLIC
❑ PROFESSIONAL
❑ GOODS
❑ REAL
❑ ORDINANCE
KCONTRACT
OTHER
5. PROJECT
6. NAME
7. EXHIBITS
8. TERM:
9. TOTAL
REIMBURSABLE
IS SALES
CITY
❑ PURCHASING:
10. DOCUMENT
❑ PROJECT
❑ DIRECTOR
❑ RISK
❑ LAW
11. COUNCIL
12. CONTRACT
❑ SENT
❑ ATTACH:
❑ LAW
❑ CHIEF
-...v ,SIGNATORY
CITY
❑ ASSIGNED
❑ SIGNED
COMMENTS:
DEPT. /DIV: ''‘,-- (--,--`�
STAFF PERSON: C -r' L„1.:_v . EXT: L' I, .� 3. DATE REQ. BY:
.....\/,...S...,"--,
OF DOCUMENT (CHECK ONE):
SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
AMENDMENT (AG #): 1 'L) I' 1 a ❑ INTERLOCAL
1
NAME: /�13� ��- F�J'� ��;} 1 r e._-C
OF CONTRACTOR: -\\. _t,� 666, ,,r 1 _y `.7
ADDRESS: 3111- 1 (Y 4-1A r e-.e_k t , Ak)w n 1 e tom) I TELEPHONE
E -MAIL: FAX:
SIGNATURE NAME: 1.5 rvt `•t- L.e-_ve. ,-, -, f L., TITLE
AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS 'X PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
COMMENCEMENT DATE: 2 / 13) I COMPLETION DATE: 19/31 /in
COMPENSATION $ 33, 1 5 J S) Ge1/4.° ;-- 1 a y 1 5 0 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑
PLEASE CHARGE TO: 0L3' " -hp i a - -3: } 7 1 " ,5 7 �/ - O o - LI 5
/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
MANAGER
MANAGEMENT (IF APPLICABLE)
'',5)2 10\22,1K
APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
SIGNATURE ROUTING / /
TO VENDOR/CONTRACTOR DATE SENT: 1 �/ 2-L /1 .c..) DATE REC'D:
SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE S GNED
DEPARTMENT •r 9 .
OF STAFF
(MAYOR OR DIRECTOR) ����%�,
CLERK -- --- .iMithf i Sri V
AG# A • /2 - l i.- $
COPY RETURNED DATE SENT: 05-41-lb
11/9
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www crtyoffederalway. can
AMENDMENT NO. 2
TO
GOODS AND SERVICES AGREEMENT
FOR
PORTABLE TOILETS
This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Temporary Storage of Washington, Inc. dba Head Quarters, a Washington corporation
( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the
Parties, agree to amend the original Agreement for Portable toilets ( "Agreement ") dated effective February 13, 2012,
as amended by Amendment No. 1, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2017 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall
be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance
and payment of this Agreement.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT 1 1/2015
A41., �Fecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By: i" /A. .,
Jiirel ayor
DATE:
TEMPORARY STORAGE OF WASHINGTON, INC.
B
Printed Name: J ,-u -c Y- tC69r -:
Title: oay./e-,z--
DATE: '
STATE OF WASHRN1 G9 Old) Wyoming
) ss.
COUNTY 04V ni o-th )
ATTEST:
anie Courtney, CMC
APPROVED AS TO FORM:
(City Attorney, Amy Jo Pearsall
On this day personally appeared before me I, C ,W(Ju , to me known to be the
&OVA- of jLejy- .1 in / r ' that executed the foregoing
instrument, and acknowledged the said inst �to be the .1 e and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this 1 1
CAROL A CHIZEK Notary's signature
( Notary Public Notary's printed name
Fremont County 1 Notary Public in and for the St ate f Washington.
My Commission En Expires Nov 18, 2018 ► My commission expires I L
day of cikf2Y l
, 201S
AMENDMENT 2 1/2015
CITY os
Federal Way
EXHIBIT B -2
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
1. Total Compensation: In return for the Services during the amended term stated in amendment No. 2, the
City shall pay the Contractor an additional amount not to exceed Fifteen Thousand and NO /100 Dollars
($15,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments,
and this Amendment shall be an amount not to exceed Forty-Eight Thousand Seven Hundred Fifty and NO /100
Dollars ($48,750.00).
AMENDMENT 3 1/2015
Corporations: Registration Detail - WA Secretary of State
TEMPORARY STORAGE OF WASHINGTON, INC.
UBI Number 601434061
Category
REG
Profit/Nonprofit Profit
Active /Inactive Active
State Of Incorporation WA
WA Filing Date
Expiration Date
Inactive Date
Duration
Registered Agent Information
Agent Name
Address
City
State
ZIP
Special Address Information
Address
City
State
Zip
Governing Persons
Title
President
Secretary,Chairman
Vice President
Treasurer
Page 1 of 1
12/29/1992
12/31/2016
Perpetual
BRUCE JOHN LEVEN II
200 S NARWHAL LP SW
OCEAN SHORES
WA
Name
LEVEN II , BRUCE
LEVEN , JANSEN
LEVEN , MELINDA
LEVEN , MORGAN
i Address
PO BOX 995
AUBURN , WA 98071
PO BOX 995
AUBURN , WA 98071
PO BOX 995
AUBURN , WA 98071
PO BOX 995
AUBURN , WA 98071
http: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi= 601434061 3/14/2016
RETURN TO: �a'-n EXT: 2--1 u Z
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIY: PRCS /� `�IL� /
2. ORIGINATING STAFF PERSON: 7 ' -7 r2— � y"d EXT: tt I� 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
Cl ORDINANCE ❑ RESOLUTION
K CONTRACT AMENDMENT (AG #): 1-2-- Q7 L-1 ❑ INTERLOCAL
❑OTHER
5. PROJECT NAME: 111-+5 S��C<' c 4 WA 1 :In 4-
6. NAME OF CONTRACTOR: C1 bc, 1x'eL.0 lkt�r -�El
ADDRESS: �•li• )3oX 1-744 (3k4x.1n Sort -t!, I�(� �l TELEPHONE: Z53 -N 3.3 - .31) I
E -MAIL: FAX:
SIGNATURE NAME: t"-J-.L— La. LA g TITLE: RC-5 -
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/_ UBI # , EXP. _ /_ /_
8. TERM: COMMENCEMENT DATE: `T = '" =tee / J i l COMPLETION DATE: 'Je-L 3) 1, ZO 15
9.
TOTAL COMPENSATION: $1) 15, bg0 + 12, *1 5o % 331 -1-5 b (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES Z-NO IF YES, MAXIMUM DOLLAR AMOUNT: $
PAID BY' ❑ CONTRACTOR ❑ CITY
IS SALES TAX OWED: ❑ YES •❑ NO IF YES,
❑ PURCHASING: PLEASE CHARGE TO: Ou I I I oz --3-31- -5-1 ( - �u � 5�5
10. DOCUMENT/ CONTRACT REVIEW
INITIAL / DATE REVIEWED
,e PROJECT MANAGER
❑ SUPERVISOR
,a DIRECTOR
1,,744YL I (y t
❑ RISK MANAGEMENT (IF APPLICABLE)
SLAW DEPT
11. COUNCIL APPROVAL (IF APPLICABLE)
COMMITTEE APPROVAL DATE: N I r�...
12. CONTRACT SIGNATURE ROUTING
Cl SENT TO VENDOR/CONTRACTOR
DATE SENT: l 1-2-o h 3
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
LAW DEPT
SIGNATORY (MAYOR OR DIRECTOR)
CITY CLERK
❑ ASSIGNED AG#
�i SIGNED COPY RETURNED
\ ❑ RETURN ONE ORIGINAL
COMMENTS:
INITIAL / DATE SIGNED
DATE SENT: I
INITIAL / DATE APPROVED
COUNCIL APPROVAL DATE: N1 A
DATE RECD: 111310 A -,
11/9
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www ciWoffederalway com
AMENDMENT NO. 1
TO
GOODS AND SERVICES AGREEMENT
FOR
PORTABLE TOILETS
This Amendment ( "Amendment No. 1" is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Temporary Storage of Washington, Inc. dba Head Quarters, a Washington State
Corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual
consent of the parties, agree to amend the original Agreement for Portable Toilets ( "Agreement ") dated effective
August 1, 2011, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2015 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B -1 ", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor
shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
5 GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 1/2010
CITY OF CITY HALL
�...- 33325 8th Avenue South
Federal Way
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederatway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By: (111
ayor
�2,, I
DATE: %
TEMPORARY STORAGE OF WASHINGTON, INC.
By:
Printed Name: M 4e t, n cL c _ S . �,e,�/e —v\
Title: V t G -e--
DATE:
w�
STATE OF Jdd` 11�
) ss.
COUNTY OF /' i►!'
ATTEST:
ity Clerk, Carol McNeilly, CMC
APP OVED AST FORM:
�L
City' Atto atricia A Richarctson
On this day personally appeared before me /yi �. to me known to be the
y8%.t. PPGSih.cA } of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of Qe o . , 241.
AT ^ *a' is signature
s printed name
r
OX
Notary Public In and for the State of��y�
My commission expires
AMENDMENT - 2 - 1/2010
CITY OF CITY HALL
'� Federal Way 33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway com
EXHIBIT B -1
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services during the amended term, the City shall pay the Contractor
an additional amount not to exceed Fifteen Thousand and NO /100 Dollars ($15,000.00). The total amount payable
to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an
amount not to exceed Thirty Three Thousand Seven Hundred Fifty and NO/ 100 Dollars ($33,750.00).
AMENDMENT - 3 - 1/2010
DEC -27 -2013 09:18 FROM:SCOTT KIZER INSURANC 2533982748 TO:12538352709 P.1/1
°ROB CERTIFICATE OF LIABILITY INSURANCE °o4g/(z3r"�o
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT; If the cartlficate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the
tem►e and conditions of the policy, certain polities may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
CONTACT
Scott Kizer State Farm Insurance Agency NnMec-
841 Central Ave N Suite 112 ( Nq E.t1- 2�3 38 &2746 c.N41 :253.398 -2748
Kent, WA 98032 �.M���'
O_INBURERIS) AFFORDING COVERAGe NAIC a
...._..— ..- __ -.... -- •_-•-- -•-- •- -....— ...�..._
INSURER A: tats Farm Fife and "lty asU man 4.1.43•.,._
INSURED TEMPORARY STORAGE OF WASHINGTON LIN SURERS:
DBA HEADQUATERS SURS RGPO BOX 9950 AUBURN, WA 98071 BURFR_fi _..
COVERAAFS CFRTIFICATF III IMAFR- RFMIRION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS* AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM$.
INSR
TYPE OF INSURANCE
At)
$118R
POLICY NUMBER
POLICY P
POLICY E7(P
WAITS
GENIMAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE D OCCUR
EACH OCCURRENCE
!
pRM g
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MCO pIP ( orm person
i
PeRSONAL A ADV INJURY
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43041 AL AGGREGATE
$
GEML AGGREGATE LIMIT APPLIES PER: _ .
POLICY PRO-
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PRODUCTS - COMP OP AGO
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$
LIABILITY
AUTOMOBILE LIABILITY
x ANY AUTO
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AUTOS AUTOS
HIRED AUTOS p CEO
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08/St1/2Q13
03/2012014
i
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anach ACORD 101, AdWOMW Ramada Sdwdgls, N mom 0eo I• twOred)
Ca(Mcste Holder is Additional insured.
CITY OF FEDERAL WAY
33335 8TH AVE S
FEDERAL WAY, WA 98003
ACrORID 26 (2014105)
SHOULD ANY OF THE ABOVE MCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL bE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED RRMURNTATM
G 19882010 ACORD CO1RP0RATI0 hts reserved.
The ACORD name and logo are registered marks of ACORD 1001488 13x849. 03.01 -2012
RETURN TO:
[�:�
CITY OF FEDERAL� WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: ����
2. ORIGINATING STAFF PERSON: �-3� ��t�-�I I EXT: � 3. DATE REQ. BY:_
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCLIMENT (E.G., RFB, RFP, RFQ)
O PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
�GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
� CONTRACT AMENDMENT (AG#):
O OTHER
5. PROJECT NAME:
❑ INTERLOCAL
� ��
6
9
NAME OF CONTRACTO]
ADDRESS:
E-MAIL: t I
SIGNATURE NAME:
�tii ���s��
EXHIBITS AND ATTACHMENTS: ❑ scoPE, woluc ott sExvtcES ❑ cotvtPENSA'riorr �INSURANCE REQUIREMENTS/CERTIFICATE � ALL
OTHER REFERENCED EXHIBITS �PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
ut31� �exp• 12131�ti
TERM: COMMENCEMENT DATE: ��,'ZU I � COMPLETION DATE: Dr[,('� �I . Z1�L�
TOTAL COMPENSATION $ '� 1�V �INCLUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURLY LABO CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES NO IF YES, $ PAID BY: O CONTRACTOR � CITY
❑ PURCHASING: PLEASE CHARGE TO: O(�I" lOD �?j3I,' �� `�'��
10. DOCUMENTlCONTRACT REVIEW
ROJECT MANAGER
� � �1 DIRECTOR
� � RISK MANAGEMENT (tF nrPLic.aaLE)
(D �LAW
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
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11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCILAPPROVAL DATE:
12. ONTRACT SIGNATUR� ROUTING ,, I j � �/�) J'ry
� SENT TO VENDOR%CONTRACTOR DATE SENT: �'� (�'" DATE REC'D: t1! �-( �� � r�
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
� � LAW DEPARTMENT
� � p �(SIGNATORY (cM ox Dia�cTOx)
RE
�, '� 1 C f�; ITY CLERK
`o ASSIGNED AG#
❑ SIGNED COPY RETURNED
INITIAL / DATE SIGNED
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� CITY OF CITY HALL
Fed�ral itU'ay 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
�wvw crtyoffederalway com
GOODS AND SERVICES AGREEMENT
FOR
PORTABLE TOILETS
This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Temporary Storage of Washington, Inc.dba Head Quarters, a Washington State
Corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below
addresses which shall be valid for any notice required under this Agreement:
TEMPORARY STORAGE OF WA5HINGTON I CITY OF FEDERAL WAY:
INC. dba HEAD QUARTERS:
Bruce Leven II, President
PO Box 1764
Ocean Shores, WA 98569
253.833.3111 (telephone)
Toilet2go(�a,msn.com
The Parties agree as follows:
Steve Ikerd, Parks & Facilities Manager
33325 8�' Ave. S.
Federal Way, WA 98003-6325
(253) 835.6911 (telephone)
(253) 835.6909 (facsimile)
Steve.ikerd@cityoffederalway.com
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date
of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2013
("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and
the Contractor.
2. WORK.
2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more
specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee.
2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessaryto provide
the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not
limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner
consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services
are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to City. T'he Contractor shall, at its
sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's fmal acceptance of the Work. This Agreement is subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired,
only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty
for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City.
The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.
23 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this
Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making
(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the
GOODS AND SERVICES AGREEMENT - 1- 4/2011
` CITY OF
'�.� Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
�vww crtyoffederalway com
Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its
substantiality or the ease of its discovery.
2.4 Clean Un. At any time ordered by the City and immediately after completion of the Work, the Contractor shall,
at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the
Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean
up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any
remaining payments due to the Contractor.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party
thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this
Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially
violates Section 12 and such may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In retum for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount
and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein sha11 remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the
payrnent of any ta�ces imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified
by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and
any hourly labor charge rate for such personnel. The Contractor shall also submit a fmal bill upon completion of all Work.
Payrnent shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after
receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements
of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold
payxnent for such work until the work meets the requirements of the Agreement.
4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either
defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the
work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods,
materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete anypart ofthis Agreement,
the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any
additional costs incuned by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees,
incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the
Contractor.
4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payxnents for Work or amounts incurred after the
end of the current fiscal period, 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 event this provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of fmal payment shall constitute a waiver of any
and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final
payment is made.
GOODS AND SERVICES AGREEMENT - 2- 4/2011
` �ITY OF
'`�.. Federal
5. INDEMNIFICATION.
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www crryoffederahvay com
5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected
officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
ta�ces, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in
connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's
sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same
terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's
work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes
of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or
any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver.
5.3 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claixns,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attomey's fees, costs, and/or litigation expenses to or by any and all persons or entities,
including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with
this Agreexnent to the extent solely caused by the negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the
performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the
duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating that is satisfactory to the City:
a. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of
the State of Washington;
b. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in an amount no less than $1,000,000 for each occurrence and $1,000,000 general aggregate.
6.2. No Limit of Liabilitv. Contra.ctor's maintenance of insurance as required by the agreement shall not be
constxued to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of
insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At
City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of
GOODS AND SERVICES AGREEMENT - 3- 4/2011
� CITY OF
"��.. Federal
GITY HALL
W �� 33325 8th A�enue South
Federal Way, WA 98003-6325
(253} 835-70�0
�wvw aryofiederalway com
premiums ar fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to
maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon
project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement
shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for
immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The
Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records
disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor
while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files
available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or
termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall
be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which suff'iciently and
properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures
and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor
has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained
under this Agreement. 'The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other
benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment,
except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City,
regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this
Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the
Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington
retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so.
10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees,
agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary
for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws
and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work
(Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health
Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades,
signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe
passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards
and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer,
gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractar shall, at its own expense, secure and maintain a safe storage place for its materials
and equipment and is solely responsible for the same
GOODS AND SERVICES AGREEMENT - 4- 4/2011
CITY OF
'�.r Federal
CITY HALL
��� 33325 8th Avenue South
FederaE Way, WA 980Q3-6325
(253) 835-7000
wwti! crryoffederahvay com
103 Risk of Work All work shall be done at Contractor's own risk, and Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit
to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subj ect to the City's general right of inspection
to secure satisfactory completion
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during
the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's
ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor
confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who
was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the
Contractor's performance.
12. EQUAL OPPORTUNTTY EMPLOYER In a11 setvices, programs, activities, hiring, and employment made possible
by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of
any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age
(except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of
any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in
relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil
Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5
and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any Eachibits to this Agreement
conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections
of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal
shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement
and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision
of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly
authorized representatives of the Parties.
13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to txansfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-
assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the
Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall
have any right of action or interest in this Agreement based on any provision set forth herein.
GOODS AND SERVICES AGREEMENT - 5- 4/2011
� CI7Y OF
'�•... Federal
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www crryoffederalway com
13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accardance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's
Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement
may be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and a11 of its provisions in which performance
is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance
of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning
of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United
States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended
to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of
the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instan�es shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to
declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement sha11 be
made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle
any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim,
shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over
such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the
personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are
an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal
costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothing in this paragraph sha11 be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed
the same document. All such counterparts shall be construed together and shall constitute one instnament, but in making proof
hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised of a11 pages of this Agreement and a complete set
of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this
Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
GOODS AND SERVICES AGREEMENT - 6- 4/2011
� qTY 4F
'�.� Federal
CITY HA��
��� 33325 8th Avenue South
Federai Way, WA 98003-6325
(253) 835-7000
www ciryoffederalway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
� ��� �
Cary M. Roe, P E., Director of Parks,
Public Works and Emergency Management
DATE: � 3 ( Z
TEMPORARY STORAGE OF WASHINGTON,INC
Dba HEAD QUARTERS
r---
By:
Bruce Leven II, President
DATE: 2-1z �� z._.
STATE OF WASHINGTON )
) ss.
COUNTY OF Ci'+`c�.y � r�,f-
ATTEST:
City Clerk, Carol M eilly, C C
APPROVED AS TO FORM:
�
City Atto , Patricia A Richar son
On this day personally appeared before me Bruce Leven II, to me known to be the President of Temporary Storage of
Washington, Inc dba Head Quarters, that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
GNEN my hand and official seal this � day of �s2, �' q 24�
Notary's signature \
Notary's printed name ���_ �:,,� � col z_
Notary Public in and for the State of Washington.
..�.�..�.
My commission expires ,p r,� � /_S � 1 S
�USAN DROLZ
NOTARY PUBLIC F
�'A, E OF WASHINGTON y
����mission Expires Apt, 15,?.01`` �
GOODS AND SERVICES AGREEMENT - 7- 4/2011
� CITY OF
"�..... Federal
CITY HALL
W �� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253} 835-7000
, www ciryoffederalway. com
EXHIBIT "A"
SERVICES
1. The Contractor shall do or provide the following:
Contractor shall maintain, sanitize and keep in a safe, good working condition, portable toilets for the City of
Federal Way. Each year round unit will be serviced once per week. Units for special events may be ordered directly
by the City Division making the request.
Contractor shall respond to emergencies within 4 hrs of a request for services.
Contractor shall submit invoices in a timely manner based on the following rate schedule:
Regular unit -$59.75 per mo. no charge for delivery and pick up
Handicap unit -$90.50 per mo. no charge for delivery and pick up
One regular unit mounted on a trailer that is used only for and average of 15 volunteer events per year. $25.00 per
service.
Extra service - $20.00 (tipped units, etc)
Weekend service rate - $20.00
Extra insurance protection for vandalism will be charged @$5.00 per unit, which the City request on all provided
units, except for the West Hylebos unit which the City owns.
GOODS AND SERVICES AGREEMENT - 8- 4/2011
� CITY OF
�... Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www crtyoffederahvay com
EXHIBIT "B"
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed Eighteen Thousand Seven Hundred Fifty and no/100 Dollars ($18,750.00)
GOODS AND SERVICES AGREEMENT - 9- 4/2011
Feb 07 2012 1:43PM SCOTT KIZER InSURHnGE 2533982748 p.2
�'UK" CERTIFICATE OF LIABILITY INSURANCE °"�,�°1z"'
THia CERTI�ICATE li lilU@D A8 A MATTER OF INFORMATION ONLY AND CONFER3 NO R13HTS t1pON THE CERTIF�CAIE Mp�p@R, TM�
CENTIFlCATE DOES N01' AFFIRMATNELY OR NEGA7IVELY AMEND, EKTEND OR I1l7ER TNC COVERAOE AFFOROEO � 7NE POI.IGEg
BELOW. TH� CER7IRCATE OF IN$URANCE DOES NOT COMaTITUTE A CONTRACT BETWEBN T}IE Ii3t�NG �NBURER(�, AUTMORlZ6D
REPREOENTA1Nt OR PRODUCCR, I1ND THE CERTIFlCATE MOLDER
IMPOltTANT: N tho p�etlAcay� 1lpidp �a �� AppmONAL MISURl�b, da pO11Cy(NS) �1Wt N a1d01s�d. If 6UBROGA710N ($ WAIVED, aWfJ�ct to tM
arnu e�a �d�oe. ot th. Pakr� a«�in pouchs m.y r.quire an .naon�n.nc A w�wn�c on �ny o�rtn�a ao.s na contir Nphw a�ho
CertMeibs hold�r In NeY of suCh sndo� s�
"" Scott Klzer $tels Fann Apsncy B p� G
841 Centrol Avs N. Ste 112 � p..
� Kent, WA 98032 n�a i. �
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wsu�ae
TMtS
TEMPORIIRY STORAt3E OF
WASHINGTON
200 3 NARWHAL LOOP SVII
flCEAN SHORES WA 96'569-9312
NOiWITMaTANOMIG ANY REQWR�AENT, T�RM OR CONDCTION OF ANV CONTRACf 014 OTMER DoCUAlIEN7 VKTH RESPECT 1"0 �WHIC�M TFH9
: MAY pE ISaUE� OR MAY PERT/UN, THE IN6URANCE AFFOR�D BV THE pOLIC�a pEgCRIBED MEREIN IS SUeJECT Tp J11,L THE TEqAqB,
! Mf0 CONOITIONS OF eU('iH POLICI@�. LMITS BMpyqy ry1A7 FfAVEt 6E�N REpUCED 6r PAIp CLAIMS.
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