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HomeMy WebLinkAboutCAG2018-0972 - Original - Point Defiance Zoo & Aquarium - Planet Protectors Summit - 02/20/2018 K e c o rd s I" a,aa g e m le" n'- , ENT Document WAS hY IN v.TQN CONTRACT COVER SHEET This is to be comipleted 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: Paint Defiance Zoo & Aquarium Vender Dumber: JD Edwards Number Contract Number: Fw - 0-1 D This is assigned by City Clerk's Office Project Name: Planet Protectors Summit Description: ❑ Interlecal Agreement ❑ Change Order 0 Amendment x Contract Other: Contract Effective ®ate: 2/20/18 Termination date: 3/30/18 Contract Renewal Notice (Guys): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $503.00 Approval Authority: x Department Director 0 Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Present three 50-minute presentations at the summit. As of: 08/27/14 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT is dated February 14, 2018, and is between Point Defiance Zoo & Aquarium ("Presenter") and THE CITY OF KENT, a Washington municipal corporation ("City"). In consideration of the covenants and agreements set forth herein, the parties agree as follows: 1. DESCRIPTION. The Presenter agrees to present three 50-minute presentations at Kent's 2018 Planet Protectors Summit at Green River Community College, 12401 SE 320th Street, Auburn, WA 98092-3622 on March 27, 2018 ("Presentation"). The Presentation is described in the Scope of Work, attached as Exhibit A and incorporated by this reference. 2. COMPENSATION. The City shall pay Presenter the total sum of Five Hundred Three Dollars ($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 City agrees, at its own expense to provide the location for the Presentation. 4. IMPOSSIBILITY OF PERFORMANCE. The parties agree that the Presentation shall 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, or if such failure is caused by a "superior force"(s) defined under Washington law. 5. NOTICES. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: a. CITY OF KENT b. Attn:Timothy J. LaPorte, P.E. c. 220 Fourth Avenue South d. Kent, WA 98032 e. PRESENTER f. Heather Detwiler, Point Defiance Zoo &Aquarium. 6. 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. 7. 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. 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. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty(30) calendar days' written notice at its address set forth in Section 5. 10. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this,Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Presenter. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise, or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Washington. 13, COUNTERPARTS AND SIGNATURES BY FAX OR EMAIL. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of this will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the, signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS THEREOF the parties hereto have executed this agreement, CITY SENTR Signed ate bSi Tin Michael Mactutis, P.E., Environmentat Engineering Manager 220 Fourth Avenue South, Kent,WA 98032 Address J253)856-5500 Phone EXHIBIT A POINT DEFIANCE zoo &AQUARIUM RE: Scope of Contract WHO: Point Defiance Zoo&Aquarium,5400 N.Pearl St.,Tacoma,WA 98407. Contacts: Liz Josias,Reservationist Liz.iosias@pdza.org Phone: 253-404-3673 Stacey Luhring,Volunteer Programs Manager stace0uhrine0pdza.ort Phone: 253-404-3695 Heather Detwiler,Outreach Instructor Heather.detwiler@Pdza.org WHAT: Provide three SG-min.presentations at the 2018 Planet Protectors Summit(formerly the Water Festival),hosted by the City of Kent at Green River Community College on March 27,2018. 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. COST: $503 Please contact Liz Josias at the above numbers with any additional questions. Thank you! Heather Detwiler 5400 North Peorl Street, Tacoma, WA 98407• pdza.org. 253 591,5337 f A0 Defiance Zoo&Aquaim n is on accrediled member of the Associaiion of Zoos and Aquariums i'{j 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. Insurance Authority PA), flox 88030 RA%vila, 15-Feb-1 S Cert##: 11311 City of Dent Attn: Nancy Yoshitake ] r 0()-575 `4 st 220 Fourth Ave. S. Dent, WA 968032 RE: Metropolitan Park list. of Tacoma Planet Protectors Stuntzlit at Green laver Community College oil March 27, 2018 Evidence ofCovet-age The above captioned entity is a nnernber of the Washington Cities Insurance Authority (WCIA), which is a self insured Pool of'over 155 public entities in the State of Washington. WCIA has at least $1 million per occurrence limit of liability coverage in its self ilIsured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA Nvas 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, Eric B. Larson Deputy Director cc: Erwin Vidallon dote.