HomeMy WebLinkAboutCAG2023-040 - Original - A Touch of Magic - 2023 Planet Protector Summit Presenter - 03/28/2023CAG2023-040
1/26/23
CITY OF KENT
PERFORMANCE AGREEMENT
THIS AGREEMENT is between Steffan Soule, A Touch of Magic, Inc. (“Presenter”) and THE CITY OF
KENT, a Washington municipal corporation (“City”).
The parties agree as follows:
1. DESCRIPTION. The Participant agrees to present up to three (3) 45-minute presentations at
Kent’s 2023 Planet Protector Summit at Green River Community College, 12401 SE 320th Street,
Auburn, WA 98092-3622 on March 28, 2023 (“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 the Participant the total sum of Three Thousand, Three
Hundred Dollars ($3,300) 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 will provide the location for the Presentation at its sole cost.
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 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 “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: Chad Bieren, P.E.
c. 220 Fourth Avenue South
d. Kent, WA 98032
e. PRESENTER
f. Steffan Soule, A Touch of Magic, Inc.
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 Participant 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 PPRESENTER’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 and
incorporates all prior understandings and agreements between them.
12. GOVERNING LAW. This Agreement will 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.
CITY PARTICIPANT
_____________________________________
Signed Date Signed Date
Michael Mactutis, P.E., Environmental Engineering Manager
220 Fourth Avenue South, Kent, WA 98032
Address
(253) 856-5500
Phone
1/24/20231/25/2023Michael Mactutis Digitally signed by Michael Mactutis
DN: cn=Michael Mactutis, o=City of Kent, ou=Public Works
Department, email=mmactutis@kentwa.gov, c=US
Date: 2023.01.25 08:16:57 -08'00'
magician , speaker, author
magic@steffansoule.com | 206-841-9129 | 316 pioneer way #526 oak harbor, wa 98277
Environmental Magic, Golden Rule Magician | Coupeville, Portland, Salt Lake City
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