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Home My WebLink AboutCAG2023-633 - Original - A Touch of Magic - 2024 Planet Protector's Summit Presenter: Steffan Soule - 03/26/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dlr/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W ASH INGTGN Sheet forms. Originator: Department: Dani Hodgins for Tony Donati Public Works Date Sent: Date Required: c 12/18/2023 12/22/2023 Q Director or Designee to Sign. Date of Council Approval: Q Budget Account Number: Grant?:Yes ZNo 41005550.64190.7850 Budget?W]YesDNo Type: N/A Vendor Name: Category: A Touch of Magic/Steffan Soule Contract Vendor Number: Sub-Category: Original 0 Project Name: planet Protector's Summit Presenter E Project Details: Keynote presenter will perform at the 2024 Planet Protector's Summit to 500+ students about recycling, earth science and the value of water. Agreement Amount: $3 300 Basis for Selection of Contractor: Other *Memo to Mayor must be attached i� Start Date: 12/14/2023 Termination Date: Performance on 3/26/24 Q Local Business?0YesF--]No* If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"formonCityspoce. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F_IYesFv�( No CAG2023-633 Comments: 3 GJ y •� i GJ 3 M C N Date Routed to the City Clerk's Office: 12/18/23 Interlocal Agreement has been uploaded to website: ad«W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 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"). In consideration of the covenants and agreements set forth herein, the parties agree as follows: 1) DESCRIPTION. The Presenter agrees to present three (3)45-minute presentations at Kent's 2024 Planet Protector Summit at Green River Community College, 12401 SE 320t" Street, Auburn, WA 98092-3622 on March 26, 2024 ("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 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 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: CITY OF KENT Attn: Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 PRESENTER 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 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 seven (7) calendar days' written notice at its address set forth in Section 5. CITY OF KENT PERFORMANCE AGREEMENT- Page 1 of 2 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 set forth herein. No prior or contemporaneous representation, inducement, promise, or agreement between or among the parties which relate to this subject matter will 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. This Agreement may be executed in one or more counterparts, each of which will constitute an original, and all of which together will constitute one agreement. 14) DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. IN WITNESS THEREOF the parties hereto have executed this agreement. CI JW a PRESENTER 0,; c. /mil"&yL 12/14/2023 TulkSigned Date Signed Date Michael Mactutis, P.E., Environmental Engineering Manager 220 Fourth Avenue South, Kent,WA 98032 Address (253)856-5500 Phone CITY OF KENT PERFORMANCE AGREEMENT- Page 2 of 2 Exhibit A ste,ff" S�?, T ajicici , Syeaker aqt oY' magic@steffansoule.com 1 206-841-9129 1 316 pioneer way#526 oak harbor,wa 98277 Environmental Magic, Golden Rule Magician I Coupeville, Portland, Salt Lake City October 12"2023 Scope for 20240326 Tony Donati Public Works Engineering I Environmental 400 West Gowe St Kent, WA 98032 tdonati@KentWA.gov Dear Tony, This is in response to your request for the Scope of Work. If you require more from us, please let me know. WHO: A Touch of Magic, Inc — 316 Pioneer Way, Oak Harbor, WA 98277, Tax ID #91-1653793; Phone: 206-841-9129, email: magic@steffansoule.com. WHAT: Steffan Soule Performs up to three 45 minute magical presentations entitled "Environmental Magic" at the 2024 Planet Protectors Summit, hosted by the City of Kent at Green River College on March 26th, 2024. COST: Total is $3300.00 for the one day event, all inclusive. The 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 we are caretakers of the planet known as Planet Protectors. They learn how to care for our water, which materials can be recycled including compost and what we gain by recycling. The audience experiences astounding visual effects with water, recycled materials, and with student volunteers from the audience, one who balances horizontally in mid-air to demonstrate the balance we must achieve with our environment. Visual magic along with important facts and messages about caring for the planet inspire and empower our students to be effective planet protectors and make smart choices for the environment. Several volunteers participate on stage (3-6 students) in each session, and all safety precautions are taken. These fun, educational sessions during the one day event will reach 400 to 600 students. Thank you, Steffan Soule President A Touch of Magic Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement.