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HomeMy WebLinkAboutPW14-072 - Original - Point Defiance Zoo & Aquarium - H2O-2014 Water Festival - 03/20/2014 rt T Records Management -', KEN WAS„,„O.oN Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Point Defiance Zoo & Aquarium Vendor Number: JD Edwards Number Contract Number: ?W P-) - fma This is assigned by City Clerk's Office Project Name: H2O - 2014 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/20/14 Termination Date: 3/26/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Present three 50-minute presentations_at the festival. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 _ C CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 22"d day of January by and between Point Defiance Zoo &Aquarium hereinafter called "The Presenter" and the"City of Kent, hereinafter called "The Sponsor" WITNESSETH: In consideration of the covenants and agreements herein contained, the parties hereto agree as follows 1) ENGAGEMENT The Sponsor desires, and the Presenter agrees, to present three 50-minute presentations at Kent's H2O-2014 Water Festival at Green River Community College, 12401 SE 320t" Street, Auburn, WA 98092-3622 on March 26, 2014 2) PAYMENT The Sponsor shall pay Presenter the total sum of$503.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement 3) LOCATION The Sponsor agrees, at their own expense to furnish the classroom for the presentation herein contracted for 4) IMPOSSIBILITY OF PERFORMANCE The performance will take place rain or shine The Presenter shall be under no liability for failure to appear or perform in the event that such a failure is caused by or due to acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption or delay of transportation service, inability to secure transportation of any other cause beyond the control of the Presenter, or if such failure is caused by a "superior force'(s) defined under Washington law 5) NOTICES All notices to be given and communications to be addressed to the Presenter and in connection herewith shall be given to Cathleen McConnell, Point Defiance Zoo &Aquarium, 5400 N Pearl St , Tacoma, WA 98407 6) HOLD HARMLESS Each party shall defend, indemnify and hold the other harmless for losses attributed to each party's own comparative negligence 7) INDEMNIFICATION Presenter shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the Uty's negligence 8) INSURANCE The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A 9) WORK PERFORMED AT PRESENTER'S RISK Presenter shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Presenter's own risk, and Presenter 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 10) THIS AGREEMENT and any attachments represent the full understanding between the parties, and the Presenter shall not be bound to any terms or undertakings other than other contained herein 11) THIS AGREEMENT shall be considered a Washington contract and the laws of Washington shall determine any matters pertaining to this contract J ,~i IN WITNESS THEREOF the parties hereto have executed this agreement SPONSOR PR SENTER µ T�,Wq�� 3 .)b N �f f Signed 'Date( gned Date Michael Mactutis P E Environmental Engineering Manager Name, Title 220 Fourth Avenue South Kent WA 98032 Address (253) 856-5500 Phone -' WA Insurance Authority P 0 Box 88030 'Rikwila, WA 98138 28-Feb-14 Cert#: 8834 Phone 206-575-6046 City of Kent Fax 206-575-7426 Attn• Nancy Yoshitake 400 West Gowe Kent, WA 98032 RE: Metropolitan Park Dist. of Tacoma PDZA presenting at Children's Water Festival Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 150 public entities in the State of Washington. WCIA has at least$1 million per occurrence limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member WCIA was created by an interlocal agreement among public entities and liability is self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, eZ-1 - Eric B Larson Deputy Director cc: Brett Freshwaters cletter