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HomeMy WebLinkAboutCAG2022-164 - Original - Leap Frog Entertainment - Summer Concert Series: Eric Buss - 04/26/2022ApprovalOriginator: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 04/19/2022 ASAP N/A 10006222.64190.4310 4 4 N/A Contract 2477583 Original 07/27/2022 Other 07/27/2022 4 4 4 $1,300 04/26/2022 PERFORMANCE AGREEMENT - 1 (between City and Artist, through Artist’s Agent) PERFORMANCE AGREEMENT between the City of Kent and Eric Buss THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Eric Buss (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 27, 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 $1,300.00 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 Eric Buss 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 (Apr 21, 2022 16:59 PDT) Lori Hogan Recreation and Cultural Services Supt 4/21/2022 Eric Buss (Apr 26, 2022 11:46 PDT) Eric Buss April 26, 2022 Eric Buss Comedy Magician EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS 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. 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 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. 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. L* $PECIAI,TYt la$milcl [0$gt * {{.4.trc got yM aeeryt CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03t't712022 WAIVED, subject certificate holder to the terms and conditions of the policy, certain policies may require an endorsoment. INSURED provisions or be endorsed. lf SUBROGATION lSINSURED, the policy(ies) must haveIMPORTANT: lf the certificate holder is an A statement on this certificate does not confer rights to the in lieu of such endorsement(s!. Gontact Name: Heather Weiss Zenzen Phone: 715-246-8908 FAX: 715-246-8908 Email: certs@specialtyinsuranceagency.com NAIC #INSURERS AFFORDING COVERAGE Specialty lnsurance Agency Performers of the U.S. P.O. Box 24 New Richmond, Wl 54017 PRODUCER 35378tNsuRERA: Evanston lnsuranceCompany INSURER B: INSURER C: INSURER D: Eric Christopher Buss 2020 North Manning Street Burbank, CA 91 505 INSURED DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE INDICATED. NOTWITHSTANDING ANYI'ULIUY I'hHIIJUTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITSPOLT(.;Y tt-t-E(;t lVts DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY} ADDL tNso SUBR wvD POLICY NUMBERTYPE OF INSURANCE EACH OCCURBENCE $ 1,000,000 $ 300,000DAMAGE TO RENTED PREMISES (Ea occurence) $ 5,000MED EXP (Any one person) $ 1.000.000PERSONAL & ADV INJURY $ 2.000,000GENERAL AGGFEGATE $ 2,000,000 03t19t2023 PRODUCTS - COMP/OP AGG X X 2CN0171-101 1 1 03t20t2022A !f8T,T*'ot GENERAL ]c*'rsroor$""rt GEN'L AGGREGATE LIMIT APPLIES PER: !rnorecr!-t POLICY LOC $ $ EACH OCCURRENCE AGGREGATEA PERFORMER ASSISTANT(S} $AGGREGATEABUSINESS PERSONAL PROPERTY - INLAND MARINE $EACH OCCURRENCE AGGREGATE $ A ] occut SEXUAL ABUSE AND MOLESTATION AGGBEGATE $DATA BREACH AND CYBER LIABILITY COVERAGE AGGREGATE $EQUIPMENT LEASED OR RENTEDA DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDOBSEMENT / SPECIAL PROVISIONS FEnFonMeniST IIAMCO ]I.ISURED ASA MEMBER OF PERFORMERS OF THE U.S.: Eric Christopher Buss Additional lnsured: City of Kent, Washington Fax: 253-856-6050 Email: RBillerbeck@kentwa.gov Attn: Ronda Billerbeck Event Dates: 0712712022 - 0712712022 lncludes Setup And Teardown CANCE City 220 of Kent, Washington 4th Avenue South Kent, WA 98032-5895 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSUBER AFFORDING covERAGE wLL ENDEAVOR TO MAIL 30 OIYS 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 lil^\),-u..* COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2CN0171-101 1 1 TIARIGI: 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: gINCLUDED (Check box if fuily earned [) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on thisendorsement may or may not be defined in all Coverage Forms. A. Who ls An lnsured is amended to include as an additional insured any person or entity lo whom you are required byvalid written contract or agreement to provide such coverage, but only with respebt to "bodily injury',, ,property damage" (including "bodily injury" and "property damage" inciuded in the "products-completeO operitions nazirO"i, and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named lnsured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance alforded 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 lnsured, 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 lnsured or to any obligation of the additional insured to indemnify another beiause 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. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. MEGL 0009-01 09 18 Page 1 ol 1 EXHIBIT B Kent Summer Concerts Signature: Email: Melissa McCormick (Apr 26, 2022 12:55 PDT) Melissa McCormick cityclerk@kentwa.gov EricBuss_SummerConcertSeries_Contract Final Audit Report 2022-04-26 Created:2022-04-21 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAMLafehkq9Gp2kbQlZ_-TtYYlZcMaw5w8 "EricBuss_SummerConcertSeries_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2022-04-21 - 4:33:25 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature 2022-04-21 - 4:36:12 PM GMT Email viewed by Lori Hogan (lhogan@kentwa.gov) 2022-04-21 - 11:34:49 PM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2022-04-21 - 11:59:08 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Eric Buss (rob@leapfrog-entertainment.com) for signature 2022-04-21 - 11:59:11 PM GMT Email viewed by Eric Buss (rob@leapfrog-entertainment.com) 2022-04-22 - 2:54:30 AM GMT- IP address: 66.249.84.213 Document e-signed by Eric Buss (rob@leapfrog-entertainment.com) Signature Date: 2022-04-26 - 6:46:39 PM GMT - Time Source: server- IP address: 97.93.122.213 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-04-26 - 6:46:42 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-04-26 - 6:49:33 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-04-26 - 6:49:48 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-04-26 - 6:49:49 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-04-26 - 7:52:45 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-04-26 - 7:55:18 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-04-26 - 7:55:18 PM GMT