The URL can be used to link to this page

Home My WebLink AboutPW17-125 - Original - Wildlife Encounters Inc. - 2017 H2O Water Festival Performance Agreement - 3/14/17 /rr / /rriirj r // ii %�%/i r�� /�Jl�u/�/(/%%�(�J/�frf%}/Y/ff/f ,� f �/r,,el, G,r✓ l'�rrlil f�� r7 s Recordem T KE ■ r f rJI1ar wAsw�wa�rar+ " Cc� era�t s G 1 h 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. If you have questions, please contact City Clerk's Office. Vendor Name: Wildlife Encounters Inc. Vendor Number: ]D Edwards Number Contract. Number: 16 This is assigned by City Clerk's Office Project Name: 2017 H2O Water Festival Description: C1 Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/14/17 Termination Date: 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: 450.00 Approval Authority: (CIRCLE ONE) fDepartment Directo Mayor City Council Detail: (i.e. address, location, parce +er, tax id, etc.): Present six 50-minute presentations at the festival As of: 08/27/14 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 161h day of February by and between Wildlife Encounters 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 50-minute presentations at Kent's H2O-2017 Water Festival at Green River Community College, 12401 SE 3201h 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$450.00 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: Marianne Wilson-Gumm, Wildlife Encounters, 212 Country Estates Dr. W., Rainier, WA 98576. 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. SPONSOR PRESENTER 3 14 1 'a0 1,L4-1V-C Q --bwsti�.rr�. 3 21 t 7 Signed 6ate Signed Date Mike Mactutis, P.E.. Environmental Engineering Manager Name, Title 220 Fourth Avenue South, Kent,WA 98032 Address (253) 856-5500 Phone Y EXHIBIT A Wildlife Encounters Inc. Marianne Wilson-Gumm 212 Country Estates Dr. W. Rainier, WA. 98576 PH: 253-219-2918 Email: wildlifeencountersinc(a)yahoo.com Wildlife Encounters Presentation Proposal Water Festival 2017 PRESENTER: Marianne Wilson-Gumm -Wildlife Encounters Inc. EVENT: Water Festival 2017 Provide six 50-min. presentations(three each day) at the H2O-2017 Water Festival, hosted by the City of Kent at Green River Community College on March 28&29, 2017 DATE: March 28 &29, 2017 PRESENTATION PROPOSAL: Topics discussed start with the 4 basics that all living things need: Food, Water, Shelter (Habitat), and Air with particular emphasis on the inter-relationship between animals and humans regarding these essentials. There is a breakdown on the components of water (Hydrogen & Oxygen), where Oxygen comes from (Plants), what plants need to help produce the oxygen (Food, Water, Air, Space), and how animals affect the plants (Fertilization & Seed Dispersal). There is discussion on the importance of clean water for all living things and in what ways animals need water (Water, Food Resource, Habitat, and Transportation). There is a demonstration with a live animal exploring many of the physical features some animals have and the skills they possess to live where it is wet and how to handle times when there is little water available. In this demonstration, students observe only/ no physical contact with the animal is allowed. There is some discussion on how humans impact water sources and how that affects the animals who live in and depend on that resource (Oil Spill examples are considered). The entire presentation is an interactive discussion; allowing students to ask questions, develop observations skills, and participate in problem solving. Approximately 600 students will benefit from these sessions. COST: $450 Check must be payable to: Marianne Wilson-Gumm with Wildlife Encounters Inc. listed in the reference section. 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 A:VII. 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. JAN-13-17 FRI 09:23 AM KALMANSON FAX NO. 407 6453610 P. 1 CONFIRMATION OF INSURANCE AGENCY: LESTER KALMANSON AGENCY INC. P.O.BOX 940008 MAITLAND,FL. 32794-0008 U.S.A. PH)407-645-4000 - FAX)407-645-3610 DATE: 01/08/17 BINDER#:CNA261090898 IN ACCORDANCE WITH YOUR INSTRUCTIONS,WE HAVE EFFECTED THE FOLLOWING INSURANCE COVERAGE. THE PREMIUM FOR THIS INSURANCE IS DUE AND PAYABLE AS OF THE ATTACHMENT DATE,UNLESS OTHERWISE AGREED. NAMED INSURED/ADDRESS: MARIANNE WILSON-GUMM & KRISTINE LOCKARD DBA:WILDLIFE ENCOUNTERS INC. 212 COUNTRY ESTATES DR.W. RAINIER,WA.98576 (DESIGNATED)INSURED LOCATION:VARIOUS TRAVELING(USA)LOCATIONS PERIOD OF INSURANCE: FROM:01/08/17 TO:01/08/18 TERM: (ANNUAL) (BOTH DAYS FROM 12:01 AM LOCAL STANDARD TIlVIE !) DESCRIPTION OF INSURANCE: SEE ATTACHED ADDENDUM A FOR DETAILS POLICY FORM: OWNERS' ,LANDLORDS',&TENANTS'LIABILITY INSURANCE (A MANUSCRIPT POLICY FORM.) LIMIT OF LIABILITY: $1,000,000 PER OCCURRENCE / AGGREGATE DEDUCTIBLE: $2,500.00 PER CLAIM(BODILY INJURY/PROPERTY DAMAGE) PREMIUM: $1,638.10 (INCLUDING FEES) (PREMIUM IS 35%MINIMUM EARNED) CONDITIONS: SUBJECT TO POLICY ISSUANCE. ADDITIONAL INSURED'S: $100.00 EACH +(2.5%SLT) IF REQUESTED CARRIER: 100% -CNA REINSURANCE COMPANY LIMITED THIS DOCUMENT IS INTENDED AS EVIDENCE THAT THE INSURANCE DESCRIBED HEREUNDER HAS BEEN EFFECTED AS STATED. IMMEDIATE ADVICE MUST BE GIVEN OF ANY DISCREPANCIES,INACCURACIES OR NECESSARY C G 01/08/17 DATE SSUED J HEL KALMANSON -PRES. PAGE 1 OF 2 PS4-B 1/17 4CAN-COI JAN-13-17 FRI 09:23 AM KALMANSON FAX NO. 407 6453610 P. 2 ADDENDUM "A" FOR : WILDLIFE ENCOUNTERS INC. AGENCY: LESTER KALMANSON AGENCY INC. P.O.BOX 940008 MAITLAND,FLORIDA -U.S.A. PH. 407-645-4000 FAX: 407-645-3610 POLICY PERIOD / TERM: 01/08/17 - 01/08/18 (12:01 AM LOCAL STANDARD TIME) POLICY / BINDER NUMBER: CNA 261090898 DESCRIPTION OF INSURANCE: 1) COMMERICAL ANIMAL OWNERS LIABILITY FOR A TRAVELING EDUCATIONAL PROGRAM USING DOMESTIC/SMALL EXOTIC TYPE ANIMALS ONLY TO BE USED FOR DISPLAY/EXHIBITION&EDUCATIONAL PURPOSES ONLY AT VARIOUS TRAVELING(USA)LOCATIONS ONLY UNDER THE DIRECT SUPERVISION OF THE NAMED INSURED &/OR IT'S EMPLOYEES ONLY. 2) PREMISES LIABILTY COVERAGE IS AFFORDED FOR THE NAMED INSUREDS DESIGNATED PREMISES LOCATED AT 212 COUNTRY ESTATES DR.W.RAINIER,WA. USED IN CONJUNCTION WITH THE NAMED INSUREDS COMMERCIAL ANIMAL OWNERS OPERATIONS ONLY. PAGE 2 OF 2 PS4-B 1/17 ADDENDUM JAN-13-17 FRI 09:23 AM KALMANSON FAX NO. 407 6453610 P. 3 ADDITIONAL ENDORSEMENT FOR : WILDLIFE ENCOUNTERS INC. AGENCY: LESTER KALMANSON AGENCY INC. P.O.BOX 940008 MAITLAND,FLORIDA -U.S.A. PH. 407-6454000 FAX: 407-645-3610 POLICY PERIOD / TERM: 01/08/17 - 01/08/18 (12:01 AM LOCAL STANDARD TIME) POLICY / BINDER NUMBER: CNA 261090898 ADDITIONAL INSURED'S COVERAGE PERIOD: 03/28/17-03/29/17 (12:01 AM LOCAL STANDARD TIME) ADDITIONAL NAMED INSURED/ADDRESS: CITY OF KENT 220 FOURTH AVENUE SOUTH KENT,WA 98032 LIMIT OF LIABILITY: $1,000,000 PER OCCURRENCE/AGGREGATE DEDUCTIBLE: $2,500.00 PER CLAIM(BODILY INJURY/PROPERTY DAMAGE) ADDITIONAL INSURED LOCATION: GREEN RIVER COMMUNITY COLLEGE 12401 SE.320TH STREET AUBURN, WA 98092 DECSRIPTION OF ADDITIONAL INSURANCE: COMMERCIAL ANIMAL OWNER'S LIABILITY FOR A TRAVELING EDUCATIONAL PROGRAM USING DOMESTIC/SMALL EXOTIC TYPE ANIMALS ONLY TO BE USED FOR DISPLAY/EXHIBITION&EDUCATIONAL PURPOSES ONLY AT THE LOCATION NAMED ABOVE FOR THE TERM SPECIFIED AND ONLY UNDER THE DIRECT SUPERVISION OF THE NAMED POLICY INSURED&/OR IT'S EMPLOYEES ONLY. THIS ADDITIONAL COVERAGE IS LIMITED TO A SINGLE EVENT AND EXPIRES IMMEDIATELY FOLLOWING THE AGREED PERFORMANCE. PAGE 1 OF 1 PS2-C 01/17 ENDORSEMENT