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HomeMy WebLinkAboutPW17-027 - Original - A Touch of Magic - 2017 H2O Water Festival Performance Agreement - 01/12/2017 Records Mangy. e ery 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: A Touch of Ma is Vendor Number: JD Edwards Number Contract Number: wl-]- Q21 This is assigned by City Clerk's Office Project Name: 2017 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 1 12,/17 Termination Date: 3/29/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hunqerford Department: Public Works Contract Amount: 14 23q. 00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Consultant will give "The Magic of Our Water' presentations at the 2017 Water Festival. As of: 08/27/14 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 40 400 West Gowe Kent, WA 98032 Fax: 253 856-6500 KEN " wns niNcroH Phone: 253-856-5500 LETTER'L OF T"NSMITTAL DATE: January 13, 2017 TO: Steffan Soule A Touch of Magic 2452 601h Ave SE Mercer Island, WA 98040 RE: 2017 Water Festival -- Copies Description 1 original Performance Agreement Enclosed is your executed Performance Agreement for the above referenced project. Please note that invoices should be emailed to account Cale@ken_tw"pv. If you should have any questions, please contact me at (253) 856-5653. Copies to: Andrew Dacuag Gina Hunoerford Public Works Operations . ............... ..-............ _.. 220 4tn Ave. S. ......__ ....... Kent, Washington 98032 ............ Phone: 253-856-5653 ............ _-....... .................. Fax: 253-856-6600 __ Email: ADacuag@KentWa.gov CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 220d day of December by and between Steffan Soule, A Touch of Magic, Inc. 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 six 20-25 -minute presentations at Kent's H2O-2017 Water Festival at Green River Community College, 12401 SE 320°" Street, Auburn, WA 98092-3622 on March 28 and 29, 2017. For a description, see the Presenter's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2) PAYMENT. The Sponsor shall pay Presenter the total sum of$4,230.00 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: Steffan Soule, A Touch of Magic, Inc., 2452 601h Ave SE, Mercer Island, WA 98040, 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 City'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 B. 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. IN WITNESS THEREOF the parties hereto have executed this agreement. Sf'O SO PRESENTER t l �'1�ar�dt. rC �,1 1 t.. 17 Signed / D e &gned Date Mike Mactutis P E. Environmental Engineering Manager Name, Title 220 Fourth Avenue South. Kant VVA AAn39 Address (253) 856-5500 Phone EXHIBIT A to ffan SUNG eCS A To u ch2452- 60th Ave SE Mercer Island, WA 98040 orl (206) 232-9129 12/13/2016 Scope for 20170328-29 Gina Hungerford Public Works Department 220 Fourth Avenue South Kent, WA 98032 ghungerford@KentWa.gov Dear Gina, This is in response to your request for the Scope of Work. If you require more from us, please let me know. WHO: A Touch of Magic, Inc - 2452 60th Ave SE, Mercer Island, WA 98040, Tax ID #91-1653793; Phone: 206-232-9129, email: magic@steffansoule.com. WHAT: Steffan Soule Performs one and up to six 20-25 minute magical presentations entitled "The Magic of Our Water" each day at the H2O-2017 Water Festival, hosted by the City of Kent at Green River Community College on March 28 & 29, 2017, COST: Total is $4,230 for both days ($2430.00 the first day and $1800.00 the second day). The Magic Presentation teaches students about the value of water in our lives in a fun and entertaining way—the audience primarily observes and several volunteers participate on stage (3-6 students) in each session; all safety precautions are taken; approx. 1,400 students will sit in on these fun, educational sessions over the two day event. Thank you, Steffan Soule V President A Touch of Magic EXHIBIT B INSURANCE REQUIREMENTS FOR PERFORMANCE AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilit insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ATE IN ACi 1/9/CERTIFICATE OF LIABILITY INSURANCE /9/2 01 M0B17YYY' -' 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 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 NAME Kimberly RiCe HIxIK Insurance PHON. U (610)869-8507 1 Fac. or(sLo)ase-7604 54 South Commerce Way E-MAD.. Suite 150 INSURERS)AFFORDING COVERAGE NAIL It Bethlehem PA 18017 INSURERA-Atlantic Suecialty Insurance 27154 INSURED INSURER B International Brotherhood of Magicians and INSURER Steffan Soule INSURER DS 2452 60th Avenue SE INCIIRFR F. Mercer Island WA 98040 INSURER F: COVERAGES CERTIFICATE NUMBER:AI - 2016-2017 REVISION 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 CLAIMS.. 'IL'6R R POLICY EFF POLICY EXP TYPE OF INSURANCE PO_I.IC_Y, N MBER LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X r„c7MMhutcoaL GENERAL unSluTv DAMAGE rO PEN UEO.LVLE1nlLe Eaelsaclsa„ulouo^e $ 100,000 A CLAIMS-MADE LOOCCUR LO1057-07 08/15/20169/15/2017 MED EXP(Ar,v ane oe,so,0 $ 5,DOC PERSONAL&ADV INJURY S I,000,000 GENERAL AGGREGATE $ 2,000,DOD GEN'LAGGREGATE LIMITAPPLIESPER'. PRODUCTS-COMPIOP AGO $ 1,000,000 7X POLICY 6'Rf5 UOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fu adtiid'pn11 _ x ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULEDBODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS q AUTOS Par UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ $ WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORNARTNEVEXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 NIA (Mandatory in NHl EL DISEASE-EA EMPLOYEr $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured: The City of Kent Effective Date: 01/09/2017 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Andrew Decvag 220 4th Avenue S AUTHORIZED REPRESENTATIVE Kent, WA 98032 T Hartzell, CPCU, CIC 7yLt1Y1r24 K HQAtz'w. Lrcu ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO1057-06 (IBM) COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person s) Or Organization(_ Name of Person or Organization: "All Persons or Organizations, as per Certificate of Insurance Issued and filed with Insurance Company The City of Kent Re: Steffan Soule Information re aired to complete this Schedu9e, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury"„ "property damage" or "personal and advertising injury" Caused, in whole or in park, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ PEMCO 1300 Dexter Avenue N PEMCO Auto Policy Insurance Seattle, WA 98109-3571 Renewal Declarations PEMCO Mutual Insurance Company Policy Number CA 1227577 EFFECTIVE DATE EXPRATIC.Dq(DATE Ialuas[cuvoml."5irvaro 12/23/16 12/23/17 2009 12WANA PAC Ifh1:: ANDA➢DIAsk Named Insureds: This Is your Auto insurance renewal.Your prooEof-'insurance and identification cards are enclosed, Thank yod for shearing PEMCO. STEFFAN SOULE BARBARA A. HALLIDAY 2452 60TH AVE SE MERCER ISLAND WA 98040.2415 1 Please verify all information. If there are changes, please call our office. YOUR VEHICLES 2005 DODGE GRAND CARAVAN SE VIN 1 D4GP24R25B231947 COVERAGES Limits/Deductible Premium Bodily Injury $100,000 each person, $300,000 each occurrence $147.00 Properly Dornage, I Inblllty $100,000 each occurrence $121_52 Underinsured Motorist Bodily Injury $100,000 each person/$300,000 each occurrence $76-69 Underinsured Motorist Properly Damage $100,000 each occurrence $9.30 Personal Injury Protection $10,000 $59,97 Loss of Income $200 max per week/$l 0,400 mar,per occurrence each person Included Collision Deductible: $500 $119.17 Comprehensive Deductible $100 $43.34 Auto Loan/Lease No Coverage Towing $100 $13,39 Rental Reimbursement $30 per day/$900 per occurrence $21,45 Stereo/Ccmmunication Equipment IJa Coverage Customized Equipment No Coverage Vehicle Premium $611.83 2005 CHEVROLET ASTRO VIN I GNEL19XX5B 127120 COVERAGES Limits/Deductible Premium Bodily Injury $100,000 each per5on/$300,000 each occurrence $179.43 Property Damage Liability $100,000 each occurrence $148,34 Underinsured Motorist Bodily Injury $100,000 each perso0300,000 each occurrence $76.69 Underinsured Motorist Properly Damage $100,000 each occurrence $9,30 Personal Injury Protection $10,000 $69.71 Loss of Income $200 max per week/$10,400 max per occurrence each person Included Collision Deductible: $500 $168.84 Comprehensive Deductible: $100 $62.28 Auto Loon/Lease No Coverage Towing $100 $13.39 Renlol Reirnbursement $30 per day/$900 per accurrence $21„45 Stereo/Ccmmunicotion Equipment No Coverage Customized Equipment No Coverage Vehicle Premium $749.43 Previous policy premium $1,395.53 Your total annual premium° $1,391,26 "Includes $30 Base Policy Premium A list of your discounts is shown on the next page. Questions?Check our Customer Care site at pemco.com,or call 1-800-GO-PEMCO 11-800-467-3626). Auto Declarations 12/15 rage I J 2 YOUR DISCOUNTS Auto Plus Homeowner Low Mileage Multiple Car Safe Driver HOUSEHOLD DRIVERS Steffan Soule Safe driver years: 7 You earned a Safe Driver year for the previous policy period, Driver's discounts: Safe Driver Barbara A. Halliday Safe drivel years. 7 You earned a Safe Driver year for the previous policy period. Driver's discounts. Safe Driver POLICY FORMS AND ENDORSEMENTS ... Edition Form date Endorsement Vehicle PAE-02 12/14 Undeiinsured Motorist Propeny Damage Endorsement All PAE-C3 12/14 Hnderinsured Motorist PIP Arbitration Endorsement All PAE-04 09/15. Ridesharing and Carshoring.Endorsement All 1,1-143 Ol/II Amendatory Endorsement All 14-95 07/94 Auto Policy Contract All All existing endorsements and exclusions remain in effect. Representative: Skyway Security Insurance,Jim Hale, 206-232-7355 Executive: Steve Miller,Wand Chief Operating Officer Questions?Cli our Customer Care site at pemco.com,or all 1-800-GO-PEMCO(1-800-467-3626). Auto Declarations 12/15 Page 2 a1'2