HomeMy WebLinkAboutCAG2020-023 - Original - 2020 Planet Protector Summit - Presenter Agreement Routing Form
KEN T For Approvals,Signatures and Records Management
Wn S.H INGTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Nancy for Tony Donati Department. Public Works
Date Sent: 1/21/20 Date Required. 1/24/20
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Authorized Director or Designee Date of
C, to Sign: Council
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dMayor Approval:
Budget 411005550.6411.7850 Grant? Yes ❑✓ No
Account
Number: Type: N/A
Vendor Name: Point Defiance Zoo & Aquarium category:� � 9 y: Contract
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Start Date: 1/21/20 Termination Date:
Notice required prior to disclosure? Yes No Contract Number: FcA/-l7l 20 ZO _ 02.3
Date Received by City Attorney: Comments:
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Visit Documents.KentWA.gov to obtain copies of all agreements
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CITY OF KENT
PERFORMANCE AGREEMENT
THIS AGREEMENT is dated December 12, 2019, and is between Point Defiance Zoo & Aquarium, Inc.
("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) 50-minute presentations at
Kent's 2020 Planet Protector Summit at Green River Community College, 12401 SE 320th Street,
Auburn, WA 98092-3622 on March 24, 2020 ("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 Six Hundred Fifteen Dollars
($615) 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. 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 P ESENTER
Signed at Sic ned Date
Michael Mactutis, P.E., Environmental Engineering Manager
220 Fourth Avenue South Kent WA 98032
Address
t2531856-5500 _
Phone _.__
is is
EXHIBIT A
POINT DEFIANCE
zoo
&AQUARIUM
RE: Scope of Contract
WHO: Point Defiance Zoo &Aquarium, 5400 N. Pearl St.,Tacoma, WA 98407.
Contacts:
Laura Portalski, Membership Services
Laura.portalski_c�r�dza.vrg
Phone: 253-404-3635
Stacey Luhring,Volunteer Programs Manager
stack Luh[19g_@pqLi.ct
Phone: 253-404-3695
Heather Detwiler,Outreach Instructor
Heather.detwi ej@pdza.org
Phone: 253-404-3800 x 3760
WHAT: Provide three 50-min. presentations at the 2020 Planet Protectors Summit(formerly the Water
Festival), hosted by the City of Kent at Green River Community College on March 24,2020. 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. Hundreds of 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: $615
Please contact Heather Detwiler or Stacey Luhring at the above numbers with any additional questions.
Thank you!
Heather Detwiler
5400 North Pear: Street, Tacoma, WA 98407• pcizo.orc • 253.591.5337
Point De'iono>Zoo&Ay,o;ivm is on occre'-Jed member ar'the Ass ciolion of Zoos and Aquariums L,
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.
WA
} .
Insurance Authority
AA
1/10/2020 Ref#: 12615
City of Kent
Attn: Nancy Yoshitake
220 Fourth Ave South
Kent, WA 98032
Re: Metropolitan Park District of Tacoma
Planet Protectors Summit/Green River Comm. College
Evidence of Coverage
The above captioned entity is a member 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 $4 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. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
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,
Rob Roscoe
Deputy Director
cc: Erwin Vidallon