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HomeMy WebLinkAboutCAG2019-104 - Original - A Touch of Magic - Steffan Soule Performance Agreement - 03/26/2019 �--/ANT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5", Vendor Name: A Touch of Magic Vendor Number (JDE): Contract Number (City Clerk): 61W11q_ 10Y Category: Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Planet Protector Summit Contract Execution Date: 2/28/19 Termination Date: 4/8/19 Contract Manager: Tony Donati Department: PW: Engineering Contract Amount: $21700.00 Budgeted: FV/1 Grant? Part of NEW Budget: Local: F State: F Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: Fv-/] Director F1 Mayor City Council Other Details: Present three 45-minute presentations at the summit. CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT is dated February 19, 2019, and is between Steffan Soule, A Touch of Magic ("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 up to three (3) 45-minute presentations at Kent's 2019 Planet Protector Summit at Green River Community College, 12401 SE 3201h Street, Auburn, WA 98092-3622 on March 26, 2019 ("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 Two Thousand, Seven Hundred Dollars ($2,700.00) 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. Steffan Soule, A Touch of Magic. 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 PRESENTER cT�QL l�i &, 2/27/2019 Signed Date Signed Date Michael Mactutis, P.E., Environmental Engineering Manager 220 Fourth Avenue South Kent WA 98032 Address (253)856-5500 Phone 1 steffXHIBIT A aYt Sou e Tqa ician, ewer, aKt(�oY' magic@steffansoule.com 1 206-841-9129 1 316 pioneer way#526 oak harbor,wa 98277 Environmental Magic, Golden Rule Magician I Seattle, Portland, Salt Lake City 1 1/24/2018 Scope for 20190326 Gina Hungerford Public Works Department 220 Fourth Avenue South Kent, WA 98032 Dear Gina, This is in response to your request for the Scope of Work. If you require more information, please let me know. WHO: A Touch of Magic, Inc — 316 Pioneer Way, Oak Harbor, WA 98277; phone: 206-841-9129; email: magic@steffansoule.com; Tax ID #91-1653793 WHAT: Steffan Soule Performs up to three 45 minute magical presentations entitled "Environmental Magic" at the 2019 Planet Protectors Summit, hosted by the City of Kent at Green River Community College on March 26, 2019. COST: $2700.00 for the one day event, all inclusive. Each Magic Presentation teaches students about the value of water, recycling and earth science in a fun and entertaining way. During the presentation, students learn that as Planet Protectors we improve the world by recycling, reducing waste and caring for our water and environment. Students learn which materials can be recycled and how composting works like magic. They see examples of what we gain by recycling and reducing waste and they see how to care for our water. The audience experiences astounding visual effects with water, recycled materials, compost, and with student volunteers from the audience, one who balances horizontally in mid-air to demonstrate the balance we need with our environment. Visual magic along with important environmental facts and messages about caring for the planet inspire and empower our students to be effective planet protectors and make informed choices for the environment. Several volunteers (3-6 students) participate on stage in each session, and safety precautions are taken. About 1200 students attend these fun, educational sessions during the one day event. Thank you, Steffan Soule 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 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. ✓C O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/26/2019 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Kimberly Rice HMK Insurance Ext:PHONE (610)868-8507 FAX 610 868-7604 A/C No A, No: ( ) 54 South Commerce Way E-MAIL ADDRESS: Suite 150 INSURER(S)AFFORDING COVERAGE NAIC# Bethlehem PA 18017 INSURER A: Atlantic Specialty Insurance Company 27154 INSURED INSURER B: International Brotherhood of Magicians and INSURER C: Steffan Soule INSURER D: 316 SE Pioneer Way#526 INSURER E: Oak Harbor WA 98277 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1872343065 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. INSR ADUL SUBRIPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER POLICY FOLIC EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR N 100,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y GLO1057-09 08/15/2018 08/15/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO- ❑ JECT LOC 1,000,000 PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED F SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ (Man datory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured: City of Kent Effective Date: 02/25/2019 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. c/o Michael Mactutis 220 4th Avenue S AUTHORIZED REPRESENTATIVE r� Kent WA 98032 71ZArao !11tf ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO1057-09 (IBM) COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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(s): City of Kent Re: Steffan Soule Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PEMCO 1 300 Dexter Avenue N Insurance Seattle, WA 98109-3571 February 21, 2019 Representative: Skyway Security Insurance 1-800-848-2120 Proof of insurance for: STEFFAN SOULE BARBARA A. HALLIDAY 316 SE PIONEER WAY 526 OAK HARBOR WA 98277-5716 This confirms that our customer (named above) has insurance with PEMCO. Please see details below on the umbrella policy and coverages. This letter is proof of insurance as of the date above. It's not an insurance policy and doesn't change the coverage provided by this policy. Coverages, limits, and deductibles are accurate as of the date of this letter. If you have any questions, please call 1-800-GO-PEMCO (1-800-467-3626). PEMCO Mutual Insurance Company UMBRELLA POLICY Policy number: UMB 1550496 Policy period: 07/25/18 to 07/25/19 COVERAGE Liability limit: $1 million Self-insured retention: $250 13806.001 Rev. 12/2013 Page 1 of 1 PEMCO 1300 Dexter Avenue N Insurance Seattle,WA 98109-3571 February 21, 2019 Representative: Skyway Security Insurance 1-800-848-2120 Proof of insurance for: STEFFAN SOULE BARBARA A. HALLIDAY 316 SE PIONEER WAY 526 OAK HARBOR WA 98277-5716 This confirms that our customer (named above) has insurance with PEMCO. Please see details below on the car, coverages including limits and deductibles, and others named on the current policy. This letter is proof of auto insurance as of the date above. It doesn't take the place of an insurance identification card, isn't an insurance policy, and doesn't change the coverage provided by this policy. Coverages, limits, and deductibles are accurate as of the date of this letter. If you have any questions, please call 1-800-GO-PEMCO (1-800-467-3626). PEMCO Mutual Insurance Company AUTO POLICY Policy number: CA 1227577 Policy period: 12/23/2018 to 12/23/2019 2005 CHEVROLET ASTRO VIN IGNEL19XX5B127120 COVERAGES Limits/Deductible Bodily Injury $250,000 each person/$500,000 each occurrence Property Damage Liability $100,000 each occurrence Underinsured Motorist Bodily Injury $250,000 each person/$500,000 each occurrence Underinsured Motorist Property Damage $100,000 each occurrence Personal Injury Protection $10,000 Loss of Income $200 max per week/$10,400 max per occurrence each person Collision Deductible: $500 Comprehensive Deductible: $100 Towing $100 Rental Reimbursement $30 per day/$900 per occurrence 13803.001 Rev.09/2017 Page 1 of 1