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HomeMy WebLinkAboutPW14-050 - Original - Killer Whales Tales - H2O 2014 Water Festival - 03/25/2014 €. s 1 Records Management KENT WASH H,TOH Document L 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: Killer Whale Tales Vendor Number: ID Edwards Number Contract Number: w ) U - 0,50 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: 3/4/14 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 six 50-minute presentations at the festival. S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 - — - - S CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 22nd day of January by and between Killer Whale Tales hereinafter called "The Presenter" and the"City of Kent, heremGdter walled "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 six 50-minute presentations at Kent's H20-2014 Water Festival at Green River Community College, 12401 SE 320th Street, Auburn, WA 98092-3622 on March 25 and 26, 2014 2) PAYMENT The Sponsor shall pay Presenter the total sum of$300.00 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 a 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 Jeff Hogan, Killer Whale Tales, PO Box 16453, Seattle, WA 98116 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 Citys negligence 8) 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 9) 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 10) THIS AGREEMENT shall be considered a Washington contract and the laws of Washington shall determine any matters pertaining to this contract IN WITNESS THEREOF the parties hereto have executed this agreement SP NSOR PRES 0 91L,46 3 91 3 Signed at Signed Date Michael Mactutis P E Environmental Engineering Manager Name, Title 220 Fourth Avenue South Kent.WA 98032 Address (253) 856-5500 Phone