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HomeMy WebLinkAboutPW17-115 - Original - Point Defiance Zoo & Aquarium - 2017 H2O Water Festival Performance Agreement - 02/23/2017 l iX,n /i/�rtiiJagrds Mal KA'� Co Document W A 5 H I W G T O R if i� r/r r 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. f you have questions, please contact City Clerk's Office. Vendor Name: Paint Defiance Zoo Vie. Aquarium Vendor Number: JD Edwards Number Contract Number: — This is assigned by City Clerk's Office Project Name: 2017 Water Festival Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other: Contract Effective Date: 2/23/17 Termination Crate: 3/30�/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $503.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Present three 50-minute presentations at the festival. As of: 08/27/14 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 10th 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-2017 Water Festival at Green River Community College, 12401 SE 320"'Street, Auburn, WA 98092-3622 on March 28, 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$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 North Pearl Street, 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 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. S P1 AO (O R ESENTER (7 r7 460 Signed "Date/ Signed Date Michael Mactutis, Environmental Engineering ManNer Name, Title 220 Fourth Avenue South Kent WA 98032 Address (253) 856-5500 Phone 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 Liability 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. P EXHIBIT A POINT DEFIANCE "Ye%0 &AQUARIUM A raWdy orMetm Puks Tamme i RE: Scope of Contract WHO: Point Defiance Zoo&Aquarium,5400 N. Pearl St.,Tacoma,WA 98407. Contacts: Cathleen McConnell,Academic&Community Programs Coordinator Cathleen:mcconnell@pdza.org Phone: 253-404-3666 iLiz Josias,Reservationist I Liz,loslas@pdza.org Phone: 253-591-5333 Fax: 253-591-5448 Heather Detwiler,Outreach Instructor Heathendetwiler n0iidza.ors WHAT: Provide three 50-min.presentations at the H2O-2017 Water Festival,hosted by the City of Kent at Green River Community College on March 28,2017. Two or three zoo staff will present a total of three zoo animals during each session. Issues to be discussed may include life cycle,adaptations and habitat needs,including the importance of protecting the environment and having clean water. Approximately 360 students will benefit from these programs;for many students this is the first time that they get to see and learn about these animals. No physical contact with animals Is allowed. j COST: $503 Please contact Cathleen McConnell or Liz Josias at the above numbers with any additional questions. i Thankyoul Cathleen McConnell I Insurance Authority P.O. Box 88030 `Nkwil , 'VA 981.38 22-Feb 17 cer0: 10717 e"'pP 4`l71(: 2 ti6..5 7-5-f`704 City of Dent Attn: Nancy Yoshitake Mix: 206-575-7426 220 Fourth Ave. S. Kent, WA 968032 RE: Metropolitan Park Dist. of Tacoma Point Defiance Zoo & Aquarium to present at the Children's Water Festival, held at Careen River Community College on March 28, 2017. Evidence of Coverage The above captioned entity is a men-iber of the'Washington Cities Insurance Authority (WCIA), which is a self insured pool of over '160 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, Erie B. Larson Deputy Director cc; Brett freshwaters closer