HomeMy WebLinkAboutCAG2022-034 - Original - Leap Frog Entertainment - Summer Concert Series: Roberto the Magnificent - 07/20/2022ApprovalOriginator: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
Jan Apple
4
Ronda Billerbeck Parks, Recreation & Community Services
01/31/2022 ASAP
N/A
10006222.64190.4310
4
4
N/A
Contract
130024 Original
07/20/2022
Other
07/20/2022
4
4
4
$950.00
2/1/2022
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 Frog
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 20, 2022
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 (Jan 31, 2022 17:23 PST)
Lori Hogan
Recreation and Cultural Services Supt.
1/31/22
Robert Stuverud (Feb 1, 2022 12:24 PST)
Robert Stuverud
2/1/22
Robert Stuverud
Owner/entertainer
DATE SPECIALTY * IliSURAIICE AGENCY *CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY)
lUei,,, got you ,=wd 05/18/2021
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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: 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 INSURER A: Evanston Insurance Company 35378 Robert T. Stuverud
dba Roberto the Magnificent INSURER B:
PO Box 686 INSURERC:
Edmonds, WA 98020 INSURER D:
COVERAGES
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
A
A
A
A
A
A
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
U1OMMERCIAL GENERAL ABILITY
:JcLAIMS MADELJCCUR
GEN'L AGGREGATE LIMIT
APPLIES PER:
�POLICY □PROJECT
LOG
PERFORMER ASSISTANT($)
BUSINESS PERSONAL PROPERTY -INLAND MARINE
SEXUAL ABUSE AND MOLESTATION
[K]occuR
DATA BREACH AND CYBER LIABILITY COVERAGE
EQUIPMENT LEASED OR RENTED
ADDL SUBR POLICY NUMBER INSD WVD
X X 2CN0172-6106
2CN0172-6106
POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/VY) DATE (MM/DD/VY)
EACH OCCURRENCE $3,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000
MED EXP (Any one person) $5,000 05/08/2021 05/07/2022 PERSONAL & ADV INJURY $3,000,000
GENERAL AGGREGATE $5,000,000 PRODUCTS -COMP/OP AGG $5,000,000
EACH OCCURRENCE $
AGGREGATE $
05/08/2021 05/07/2022 AGGREGATE s 10,000
EACH OCCURRENCE s
AGGREGATE $
AGGREGATE $
AGGREGATE $
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
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City of Kent BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING
COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 220 Fourth Ave South CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Kent, WA 98032 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE _ji:qlh� w�
EXHIBIT A
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:
Jenn Hiatt (Feb 1, 2022 15:33 PST)
Jenn Hiatt
cityclerk@kentwa.gov
SCS_Roberto_Contract
Final Audit Report 2022-02-01
Created:2022-01-31
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA22X1r1BfK_BvMw0aFBOgTLukOqyyWfQu
"SCS_Roberto_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2022-01-31 - 10:38:02 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2022-01-31 - 10:40:59 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2022-02-01 - 1:21:16 AM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2022-02-01 - 1:23:33 AM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Robert Stuverud (info@leapfrog-entertainment.com) for signature
2022-02-01 - 1:23:35 AM GMT
Email viewed by Robert Stuverud (info@leapfrog-entertainment.com)
2022-02-01 - 8:22:22 PM GMT- IP address: 73.239.80.133
Document e-signed by Robert Stuverud (info@leapfrog-entertainment.com)
Signature Date: 2022-02-01 - 8:24:16 PM GMT - Time Source: server- IP address: 73.239.80.133
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-02-01 - 8:24:18 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-02-01 - 8:35:14 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-02-01 - 8:37:11 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Jenn Hiatt (cityclerk@kentwa.gov) for signature
2022-02-01 - 8:37:13 PM GMT
Email viewed by Jenn Hiatt (cityclerk@kentwa.gov)
2022-02-01 - 10:46:59 PM GMT- IP address: 146.129.252.126
Document e-signed by Jenn Hiatt (cityclerk@kentwa.gov)
Signature Date: 2022-02-01 - 11:33:55 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-02-01 - 11:33:55 PM GMT