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AG 20-574 - Fred HutchRETURN TO: Autumn Gressett EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks 2. ORIGINATING STAFF PERSON: Autumn Gressett EXT: 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) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL * OTHER Lease S. PROJECT NAME: FRED HUTCH CANCER RESEARCH CENTER PARKING LICENSE G NAME OF CONTRACTOR: Fred Hutchinson Cancer Research Center ADDRESS: 1100 Fairview Ave N Seattle, WA 98109 TELEPHONE E-MAIL: RMOYER@FREDHUTCH.ORG FAX: SIGNATURENAME: THOMAS LYNCH TITLE 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 8. TERM: COMMENCEMENT DATE: 9/13/2020 COMPLETION DATE: 9/13/2021 9. TOTAL COMPENSATION $ 12,000 to the City (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES IDNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ----[I RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: "I" 10. DOCUMENT/CONTRACT REVIEW A PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) a LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED AG 8/25/2020 JRC 8/26/2020 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 9/1/2020 12. CONTRACT SIGNATURE ROUTING * SENT TO VENDOR/CONTRACTOR DATE SENT: 9/8/2020 DATE REC'D: 9/10/2020 * 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 1 DATE SIGNED ❑ LAW DEPARTMENT Q,RIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG "' COMMENTS: 6. PARKING LICENSE THIS PARKING LICENSE (the "License") is entered into this _ day of September, 2020 ("Execution Date) with an effective date of 13th day of September 2020 ("Effective Date") by and between the City of Federal Way, a Washington municipal corporation ("City"), and FRED HUTCHINSON CANCER RESEARCH CENTER, a Washington State Public Benefit Corporation ("Licensee"). RECITALS A. City is the owner of that certain improved parcel of real property located in the City of Federal Way, King County, Washington commonly known as Old Target Parking Lot off of Pete von Reichbauer Way S, located at 2141 S 314' South and legally described as King County Parcel #0921049017 and #8575000020 ("Property"). B. City desires to grant to Licensee a exclusive license to use a portion of the Property for the Permitted Use, as defined herein, with ingress and egress pursuant to the terms set forth herein. AGREEMENT 1. Premises. City hereby grants to Licensee a License to use an area located at the Property in the locations depicted on the attached Exhibit A (the "Premises"). Licensee shall be required to provide a secured chain link fence enclosure surrounding the area marked on Exhibit A. City also grants to Licensee and its agents, employees, consultants, and invitees a non-exclusive license for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This License shall terminate automatically at the expiration of the term. 2. Term. The term of this License shall commence on the Effective Date, and shall terminate on September 13, 2021. This License may be extended for additional periods of time upon the mutual written agreement of the City and the Licensee. 3. Rent. Licensee shall pay a monthly rental fee in the amount of One Thousand Dollars ($1,000) ("Rental Fee"). Licensee shall pay the Rental Fee by the 5`' of each month. 4. Termination. Licensee may terminate this agreement with 30 days' notice to City. City may terminate this agreement should Licensee fail to pay the Rental Fee as described above with five (5) days' written notice and after allowing five (5) days for Licensee to cure the failure. 5. Use of Premises. The Premises shall be used for COVID-19 Vaccine Efficacy Studies material storage, equipment and vehicle parking by Licensee and its agents, employees, consultants, and invitees and for no other purpose without City's prior written consent. Licensee shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. 6. Access and Use. Licensee's access to the Premises shall be from 12:00am — 11:59pm, Monday through Sunday. City reserves the right to make other uses of the Premises that do not interfere with Licensee's use. 7. Liens and Improvements. Licensee shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Licensee. 8. Condition of Premises. Licensee accepts the Premises "as -is." 9. Maintenance and Repairs. City shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 10. Accidents and _Liability,_ Insurance. City, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Licensee or Licensee's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by City's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this License. Licensee agrees to indemnify, defend and hold City and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Licensee's negligence or breach of this License, except to the extent caused by City's negligence or breach of this License. Licensee shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 11. Successors and Assigns. This License and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by email or by recognized overnight courier addressed as follows: If to Licensee: FRED HUTCHINSON CANCER RESEARCH CENTER Attention: THOMAS LYNCH, PRESIDENT & DIRECTOR TOM@FREDHUTCH.ORG 1100 Fairview Ave N Seattle, WA 98109 If to City: City of Federal Way Attention: Autumn Gressett, Contract Administrator Autumn.gressett@cityoffederalway.com 33325 8th Avenue South Federal Way, WA 98003-6325 Or to such other address(es) or addressee(s) as any party entitled to receive notice hereunder shall designate to the other in the manner provided herein for the service of notices. Rejection, refusal to accept, or inability to deliver because of changed address or because no notice of changed address was given, shall be deemed receipt. 13. Governmental. Charges. City shall indemnify and save Licensee harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 14. Suhros-,ation Waiver. Each of City and Licensee release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise. 15. Entire Agreement. This License contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. 16. Counterparts. This License may be executed by the parties in any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties, notwithstanding that all the parties are not signatories to the same counterpart. This License may be executed by facsimile signatures or by electronic signatures (such as an executed pdf document emailed by a party), and each counterpart executed and transmitted by facsimile or email shall have the same force and effect as an originally executed document. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. [Signatures to Follow] IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF .1 BIZ iL WAY: B Y Jim Fer al or I DATE: ATTEST: APPROVED AS TO FORM: J. Ryan Call, City Attorney LICENSEE: ` FRED TC S ANCER _rRUH CENTER 1 By: ThomasLyn Its: Presidem & ectQ Date: 9 I "� 1 STATE OF WASHINGTON ) ) ss. COUNTY OF Ko N C1 ) I certify that I know or have satisfactory evidence that �%o m& S L y n cl-, is the person who appeared before me, and said person acknowledged that he signed this instrulnent. on oath stated that he was authorized to execute the instrument and acknowledged it as the President & Director of Fred Hutchinson Cancer Research Center to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. �aaaar►N� w Dated: ,+���►�� �� ""■+■ e r do 49 m - I10010 oei 9 Notary Pub& in and foAhe State of Washington Residing at K I µ C C p ,-j Printed Name '., `• "� ! = r_ `� p,� My appointment expires —1 —Ze EXHIBIT A 8 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/09/2020 THIS CERTIFICATE IS 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 BY 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 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). PRODUCER CONTACT Marsh USA, Inc. NAME _ PHONE FAx 1301 5th Avenue, Suite 1900 (AIC, No, Extl. _ _ {A_C, .NO). Seattle, WA 98101 EMAIL Attn: Cindy Allen (206) 214-3176 ADDRESS- INSURER(S) AFFORDING COVERAGE NAIC # CN 1 02167269 -ALL -CAS -20-21 INSURER A: Lexington Insurance Company 19437 INSURER B : National Union Fire Ins Co Pittsburgh PA 19445 INSURED Fred Hutchinson Cancer Research - INSURER C: N/A N/A Center, et at INSURER D; 1100 Fairview Avenue North, J6300 PO Box 19024 6792542 Seattle, WA 98109 INSURER E : EACH OCCURRENCE $ 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: SEA -003688174-01 REVISION NUMBER: 5 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 CLAIMS. INSR ADDL;5UI3R POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MIDDIYYYY MM/DD/YYYY . A X COMMERCIAL GENERAL LIABILITY 6792542 04/01/2020 04/01/2021 EACH OCCURRENCE $ 1,000,000 I CLAIMS -MADE (�- OCCUR I 9 X f HPL - RETRO DATE 12/1/96 DAM_...X S (Ea,occu re pe $ 50,000 PREAISE REI�cli ce MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY S 1,000,000 ,Int GENERAL AGGREGATE $ 3,000,000 �GEI'LAGGREGATELIMITAPPLIESPER: POLICYPftG❑JC�'T LOC PRODUCTS-COMP/OPAGG 5 $ OTHER SR Sl',; 100 B AUTOMOBILE LIABILITY CA7550845 04/01/2020 04/01/2021 COMBINED S:r,:.�L= L VIIT $ 1,000,000 EA appLec i U -- X ANY AUTO BODILY INJURY (Per person) $ OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMNOE $ Per accwent X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Comp/Coll Ded $ 500/1,000 UMBRELLA LIAB OCCUR 6792551 04/01/2020 04/01/2021 EACH OCCURRENCE _$ 5,000,000 AGGREGATE S 5,000,000 X EXCESS LIAB X CLAIMS -MADE S DED I I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE PER OTH- ER -STATUTE E EACH ACCIDENT S OFFICERIMEMBEREXCLUDED? N/A (Mandatory in NH) I E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Wasington Stop Gap 6792542 04/01/2020 04/01/2021 Limits: See Page 2 Employers Liability DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Old Target Parking Lot off Pete von Reichbauer Way S, located at 2141 S 314th South City of Federal Way, its agents, officers, and employees are included as additional insured where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Federal Way Attn: Autumn Gressett, Contract Administrator 33325 8th Avenue South Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Richard S. Cuff �r,� -. C—* ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102167269 LOC #: Seattle AnnITIMIAI RFMARKC Qrwi=niq G (AGENCY NAMED INSURED i Marsh USA, Inc. Fred Hutchinson Cancer Research Center, et at POLICY NUMBER 1100 Fairview Avenue North, J6300 PO Box 19024 Seattle, WA 98109 CARRIER NAIC CODE 1 EFFECTIVE DATE: 7DITIONAL REMARKS 25 Certificate of Liz! FORM, THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACO FORM NUMBER: FORM TITLE: bility Insurance Washington Stop Gap Employers Liability Policy Number: 6792542 Carrier: Lexington Insurance Company Policy Dates: 4/1/20 - 4/1/21 Limits: Each Accident: $1,000,000 Each Employee: $1,000,000 Policy Limit: $1,000,000 Pana 7 of ,cUKD 101 (zoo8/o1) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD ENDORSEMENT NO. 19 This endorsement, effective 12:01 AM: April 1, 2020 Forms a part of policy no.: 6792542 Issued to: FRED HUTCHINSON CANCER RESEARCH CENTER By: LEANGTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided by the Policy: The following is only added to Section 11. WHO IS AN INSURED of the Coverage Parts as indicated by an "X" below: HEALTHCARE PROFESSIONAL LIABILITY COVERAGE PART X HEALTHCARE GENERAL LIABILITY COVERAGE PART The person or organization shown in the Schedule below is included as an additional Insured if you are obligated by virtue of a written contract, executed prior to the medical Incident, occurrence or offense, to provide insurance to such person or organization of the type afforded by this Policy, but only with respect to liability arising out of operations conducted by you or on your behalf. In the event that the Limits of Insurance provided by this Policy exceed the Limits of Insurance required by the written contract, the insurance provided by this endorsement shall be limited to the Limits of Insurance (inclusive of any applicable self insured retention) required by the written contract. The Limits of Insurance (inclusive of any applicable self insured retention) provided by this Policy shall not be increased for any reason, including any failure, refusal or inability of any self insurance/ Insured to pay any amounts due thereunder. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. Any coverage provided by this endorsement to an additional Insured shown in the Schedule below shall be excess over any other valid and collectible insurance or self insured retention available to the additional Insured whether primary, excess, contingent or on any other basis, unless the written contract with the additional Insured specifically requires that this insurance be primary and non-contributory with any other insurance carried by the additional Insured. In such case, this insurance shall be primary and non-contributory with any other insurance carried by the additional Insured. In the event of payment under the Policy, we waive our right of subrogation against any person or organization shown in the Schedule below where the Famed Insured has waived liability of such person or organization as part of the written contract between the Named Insured and such person or organization. In accordance with the terms and conditions of the Policy, as soon as practicable, each additional MNSCPT (02118) ENDORSEMENT NO. 19 (Continued) Insured must give us prompt notice of any medical incident, occurrence or offense which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the Policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or suit being denied. SCHEDULE Name of Additional Insured: Any person or organization as limited above Al other terms and conditions of the policy remain the some. MNSCPT (02118) Authorized Representative or countersignature (where required by law)