HomeMy WebLinkAboutCAG2021-247 - Original - Leap Frog Entertainment - 2021 Summer Concert Series: Roberto the Magnificent - 07/14/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
4 N/A
4
Other
10006222.64190.4310
Contract
05/19/2021
Original130024
Parks, Recreation & Community ServicesRonda Billerbeck
$950
07/14/2021
4
4
ASAP
N/A
07/14/2021
4
4
05/21/2021
PERFORMANCE AGREEMENT - 1
(between City and Artist, through Artist’s Agent)
PERFORMANCE AGREEMENT
between the City of Kent and
Roberto the Magnificent
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Roberto the Magnificent (the “Contractor”), doing business through Leap From
Entertainment organized under the laws of the State of Washington, located and doing business at P.O. Box 686,
Edmonds, WA 98020, (425) 774-4098 (the "Agent").
I. DELEGATED AUTHORITY. Contractor is an artist who has acquired the services of Agent to manage
performance bookings. By signing this Agreement for Contractor, Agent warrants that Contractor has delegated and
assigned authority to Agent to contractually bind Contractor to scheduled performances, including the performance(s)
provided for herein and under the terms of this Agreement. Agent agrees to defend, indemnify, and hold the City harmless
from any and all claims, damages, losses, or suits resulting from any allegation that Agent has exceeded its authority to
enter into this Agreement on Contractor’s behalf.
II. DESCRIPTION OF WORK. Contractor shall perform the following event for the City:
Description: Contractor will present one performance as part of the Kent Arts Commission’s
Summer Concert Series.
Start Time/Duration/Stop Time: 12:00 p.m. / 60 minutes / 1:00 p.m.
Day, Date, Year: Wednesday, July 14, 2021
Event Location: Morrill Meadows Park, 10600 SE 248th St, Kent, WA 98030
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell
souvenir posters, programs, CDs, DVDs and other merchandise directly
pertaining to and/or bearing the likeness of the Artist at the performance. Artist
will provide sales staff and retain 100% of the receipts.
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed.
III. COMPENSATION. The City shall pay Contractor the total sum of $950.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The full
amount will be paid by the City on the day of the performance and remitted to Leap Frog Entertainment at Morrill
Meadows Park.
IV. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City’s use in
promoting the event. All publicity and promotional materials regarding the event released to the media or public by the
Contractor shall credit the City of Kent for its support of the event or project.
V. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section II. The City shall also provide ushers, house manager,
and box office staff and any additional services and personnel as required by the City, for the efficient operation of the
engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: City will provide covered outdoor stage.
Sound: City will provide; Contractor will provide technical requirements no later than 60 days prior to
performance date.*
Lights: N/A
Dressing Rooms: None available.
Technical Staff: City will provide sound technician.
*All as specifically described in attachment B.
VI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement, and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
PERFORMANCE AGREEMENT - 2
(between City and Artist, through Artist’s Agent)
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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.
VIII. INDEMNIFICATION. Contractor 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 Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor
and Agent 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.
XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement.
All costs incurred by the City due to Contractor’s failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor’s performance compared to the contracted performance
schedule.
XII. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
the city will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the
contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event
that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other
cause beyond the control of either party. In the event of failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification as
provided for by this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent.
PERFORMANCE AGREEMENT - 3
(between City and Artist, through Artist’s Agent)
F. 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 Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement.
I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name:
Its:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Rob Stuverud
Leap Frog Entertainment
P.O. Box 686
Edmonds, WA 98020
(425) 774-4098 (telephone)
rob@leapfrog-entertainment.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
rbillerbeck@kentwa.gov (email)
ATTEST:
______________________________________________
Kent City Clerk
Lori Hogan (May 19, 2021 18:31 PDT)
Recreation and Cultural Service Supt
5-19-21
Lori Hogan
Robert Stuverud (May 20, 2021 15:13 PDT)
Entertainer
Robert Stuverud
05/20/21
EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS FOR CULTURAL PERFORMANCE AGREEMENTS Insurance
The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. 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. The City shall be named as an insured under the Contractor’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
Contractor shall maintain the following insurance limits: 1. 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. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage
2. maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.
EXHIBIT A (Continued)
3. The Contractor’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.
4. 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 contractor 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 Contractor’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 A:VII.
E. Verification of Coverage
Contractor 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 Contractor before commencement of the work.
F. Subcontractors
Contractor 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 Contractor.
Ir �
SPECIALTY
* IASWNCE ME6CT *
MM't, yrd r tiler!
CERTIFICATE OF LIABILITY INSURANCE
DATE
(MM/DD/YYYY)
05/18/2021
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).
rnUUMICH
Contact Name: Stephanie Weiss
Specialty Insurance Agency
Performers of the U.S.
Phone: 715-246-8908 FAX: 715-246-4257
P.O. Box 24
Email: certs@specialtyinsuranceagency.com
New Richmond, WI 54017
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Robert T. Stuverud
INSURER A: Evanston Insurance Company
35378
dba Roberto the Magnificent
INSURER B:
INSURER C:
PO Box 686
Edmonds, WA 98020
INSURER D:
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. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
INSD
WVD
DATE (MM/DD/YY)
DATE (MM/DD/YY)
X71COMMERCIAL GENERAL
EACH OCCURRENCE
$ 3,000,000
DAMAGE TO RENTED
$ 300,000
(ABILITY
CLAIMS MADE�CCUR
PREMISES (Ea occurrence)
MFD EXP (Any one person)
$ 5,000
A
GEN'L AGGREGATE LIMIT
X
X
2CN0172-6106
05/08/2021
05/07/2022
PERSONAL &ADV INJURY
$ 3,000,000
APPLIES PER:
GENERAL AGGREGATE
$ 5,000,000
X
PHOLICY PROJECT
PRODUCTS - COMP/OP
LOC
AGG
$ 5,000,000
PERFORMER ASSISTANT(S)
EACH OCCURRENCE
$
A
AGGREGATE
$
A
BUSINESS PERSONAL
2CN0172-6106
05/08/2021
05/07/2022
AGGREGATE
$ 10,000
PROPERTY - INLAND MARINE
SEXUAL ABUSE AND
EACH OCCURRENCE
S
A
MOLESTATION
$
1777
AGGREGATE
OCCUR
A
DATA BREACH AND CYBER
AGGREGATE
$
LIABILITY COVERAGE
A
EQUIPMENT LEASED OR
AGGREGATE
$
RENTED
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.:
Robert T. Stuverud dba Roberto the Magnificent
Additional Insured: City of Kent
Fax: 253-856-6050 Email: RBillerbeck@kentwa.gov Attn: Ronda Billerbeck Event Dates: 07/14/2021 - 07/14/2021
(;tK I IFIGA 1 t HL)LUtK UAIVGtLLA I IUIV
City of Kent
220 Fourth Ave South
Kent, WA 98032
BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING
COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
III 2CN0172-6106
himr
t�ii EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
SCHEDULE
Additional Premium: $INCLUDED (Check box if fully earned ®)
Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this
endorsement may or may not be defined in all Coverage Forms.
A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by
valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property
damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"),
and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named
Insured and only with respect to any coverage not otherwise excluded in the policy.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid
written contract or agreement to provide for such additional insured.
Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance
of any other provisions of such contract or agreement or the contract or agreement in total.
When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured.
No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named
Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such
injury or damage.
B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the valid written contract or agreement; or
2. Available under the applicable limits of insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable limits of insurance shown in the Declarations.
All other terms and conditions remain unchanged.
MEGL 0009-01 0918 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
Stage Plot/ Tech Rider for Roberto the Magnificent
X X
Electrical power & XLR plug (2) Prop Stand
X X
Monitor Monitor
Front of stage
My sound set up is pretty simple. I provide my own microphone
and music. I will need electrical power and 2 XLR cords on stage
right. Side fill monitors placed downstage right and left.
If you have any questions please call me at 206-962-0741
EXHIBIT B
Signature:
Email:
Melissa McCormick (May 21, 2021 08:14 PDT)
Melissa McCormick
cityclerk@kentwa.gov
RobertoTheMagnificent_SCS_Contract
Final Audit Report 2021-05-21
Created:2021-05-19
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAizIZlf7EFlK0N_nXaTcSBqTrCm1pRXn-
"RobertoTheMagnificent_SCS_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2021-05-19 - 6:11:11 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2021-05-19 - 6:14:49 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2021-05-20 - 1:29:19 AM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2021-05-20 - 1:31:07 AM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Robert Stuverud (rob@leapfrog-entertainment.com) for signature
2021-05-20 - 1:31:09 AM GMT
Email viewed by Robert Stuverud (rob@leapfrog-entertainment.com)
2021-05-20 - 2:44:35 AM GMT- IP address: 66.249.84.77
Document e-signed by Robert Stuverud (rob@leapfrog-entertainment.com)
Signature Date: 2021-05-20 - 10:13:12 PM GMT - Time Source: server- IP address: 73.239.80.133
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2021-05-20 - 10:13:14 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2021-05-20 - 11:41:12 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-05-20 - 11:41:26 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2021-05-20 - 11:41:28 PM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2021-05-21 - 3:12:12 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-05-21 - 3:14:00 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-05-21 - 3:14:00 PM GMT