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AG 18-134 RETURN TO: PW ADMIN EXT: 2700 ID#: 33 3 7 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: 7:-Z-•=1 \P;ekcysl <Je.S 0k.--1 EXT: 27'1 0 3. DATE REQ.BY: 3. TYPE OF DOCUMENT(CHECK ONE): n CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,REQ) ❑ PUBLIC WORKS CONTRACT Li SMALL OR LIMITED PUBLIC WORKS CONTRACT [.i PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT LI GOODS AND SERVICE AGREEMENT ti HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE. ❑ RESOLUTION CO TRACT AMENDMENT(AG#): LI INTERLOCAL THER l t, 4. PROJECT NAME: '(>to t w1 T C O L.L.r c 'T\ 1,1 C-t1/41 e:/NJ T 5. NAME OF CONTRACTOR: (L.2cfe r-1 (6 0, (I\ ADDRESS: 2S C' ^1 Tn_A-C_ "Li , S•/ TELEPHONE:23"3 eit,' t 4 4.2., E-MAIL:Pg.TEX_eG•R.Zrc.NN NJ T. co40.4 FAX: SIGNATURE NAME: p`T'h'T HGl2.M J5' TITLE: 6. EXHIBITS AND ATTACHMENTS:Li SCOPE,WORK OR SERVICES ❑ COMPENSATION Li INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS LI PROOF OF AUTHORITY TO SIGN [I REQUIRED LICENSES Li PRIOR CONTRACT/AMENDMENTS CFW LICENSE# Li/A. BL,EXP. 12/31/ UBI#_ EXP.__/ / 7. TERM: COMMENCEMENT DATE: /A COMPLETION DATE: S. TOTAL COMPENSATION:$ rj(-� (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: I YES Li NO IF YES.MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: El YES :-:NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT(SEE CONTRACT) OR -RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED f INITIAL/DATE%jPPR VED ,)PROJECT MANAGER �7%_a ��J/IS'(S AG-LAS e- 631z.-90 DIVISION MANAGER )) AQ DEPUTY DIRECTOR �_../ 1 C (et 1 g 30 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT C4 I/W 14- 014/(g 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING S 'It g-' 0 p SENT TO VENDOR/CONTRACTOR DATE SENT: �' DATE REC'D:? 7 ����� ` `f_/o ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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 • DNA-WE DEPAKIMEI T -9- H--L-AW 'Pr" d- )i SIGNATORYAYO R DIRECTOR) ❑ CITY CLERK 101 1 O st . ASSIGNED AG# AG# FS'13y SIGNED COPY RETURNED DATE SENT: L COMMENTS: EXECUTE" "ORIGINALS herd AO d;4(u4c 4(('1( /20H5 MEMORANDUM OF UNDERSTANDING BETWEEN GREEN SHEEN PAINT&DESIGN,INC. AND THE CITY OF FEDERAL WAY,WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this I day ofDif.1, 2018 by and between the undersigned representatives of the City of Federal Way ("City"), a Washington municipal corporation, and Green Sheen Paint & Design, Inc. ("Green Sheen Paint"), a Colorado corporation,together referenced herein as the"Parties." WHEREAS, Green Sheen Paint desires to temporarily use portions of City-owned paved parking area adjacent to the City Hall North Parking Lot located at 700 S 333rd St, Federal Way, WA to establish and operate a community paint recycling collection event on November 17,2018. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this MOU,as follows: 1. SITE AND SCHEDULE: Green Sheen Paint, its Contractors and volunteers, and the general public are authorized to access and use the parking areas adjacent to the City Hall North Parking Lot located at 700 S 333rd St, Federal Way, WA for a latex paint recycling collection event scheduled on October 6, 2018. Event-related equipment (vehicles, portable toilet, traffic control items, etc.) may be positioned on this site for several days immediately prior and following this event. 2. COMPENSATION: The parties agree that no compensation will be remitted by either party in relation to use of the above referenced parking area, in recognition of the beneficial service this event is primarily intended to provide to the Federal Way community at large. 3. EXTENT OF SITE USE: The paint recycling event will take place at a public parking lot that is normally active on weekdays only. The parties agree to allow limited public access to the parking lot, so long as it does not impede traffic flow during the paint recycling event. The City will put traffic controls in place prior to the event to limit public access and avoid potential interference with the paint recycling event. 4. SITE CONDITION AND CLEANING: Green Sheen Paint will ensure that the parking lot is clear of all garbage or debris after completion of the event. 5. INDEMNIFICATION: Green Sheen Paint shall indemnify and hold harmless the City and its elected officials,boards,commissions,employees,agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission Green Sheen Paint,its employees,agents,or contractors,which may arise out of this MOU. The City shall indemnify and hold harmless Green Sheen Paint and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors,which may arise out of this MOU. Page 1 6. INSURANCE: Green Sheen Paint agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work at the site by Green Sheen Paint, their agents, representatives,employees,or subcontractors as follows: 6.1. Minimum Limits. Green Sheen Paint 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) Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c) Automobile liability insurance covering all owned,non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death,and property damage. 6.2. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this MOU, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or 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 MOU is terminated or upon project completion and acceptance by the City. 6.3. Survival. The provisions of this Section shall survive the expiration or termination of this MOU. 7. COUNTERPARTS CONSTITUTE ONE INSTRUMENT: This MOU may be executed in counterparts, including facsimile and email/PDF, each of which when so executed and delivered shall be deemed an original, and such counterparts taken together shall constitute one instrument. 8. ENTIRETY: This MOU contains all of the agreements of the City and Green Sheen Paint with respect to any matter covered or mentioned in this MOU. IN WITNESS WHEREOF, the City and Green Sheen Paint have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. [signature page follows] Page 2 CITY OF FEDERAL WAY: 411' By: :i/ ,as F, ell,Mayor 3325 8th Ave S Federal Way,WA 98003 GREEN SHEEN PAINT&DESIGN, INC.: By: Peter� Thermos // Its: j�l atn ti) e- ✓i VIIV " 825 Centra Ave S Kent, WA 98032 STATE OF WASHINGTON ) ) ss. COUNTY OF A On this day personally appeared before me Peter Thermos, to me known to be the `j,,,,,(4- <A of Green Sheen Paint & Design, Inc. 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 co..irate seal of sail corporation. GIVEN my hand and official seal this Y day • 12'(-Ad i 2 � livo— ���ttli���i/lj Notary's signature _�� � ���_ �jt• CIO L'q 11 Notary'sprinted name �� G �Ji i� Y� �/%L���� ���5 ON ,, )6i= Nota Public i and for the .tate of W ashin n. Z'@ 9 My commissio expires ���,,wt %.w /3 O>/ .U NOTARY PUBS-C I 21 ,,,,4 ,?,13.x, `-0$ Page 3