HomeMy WebLinkAboutCAG2022-165 - Original - Impact Performers - 4th of July Splash: Emcee Greg Bennick - 07/04/2022ApprovalOriginator: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
04/23/2022 ASAP
N/A
10006220.64190.4330
4
4
N/A
Contract
2481252 Original
07/04/2022
Other
07/04/2022
4
4
4
$1,200.00
04/27/2022
CONTRACTOR SERVICES AGREEMENT - 1
(Under $10,000 – Sole Performer)
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Impact Performers
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Impact Performers organized under the laws of the State of Washington, located and doing business at PO
Box 80821 Seattle, WA 98108 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Greg Bennick will serve as the Master of Ceremonies for Kent’s Fourth of July Splash. Contractor will also
provide roving entertainment and/or juggling instruction throughout the event. Contractor will provide all costume, and
props to conduct the engagement unless notified to the contrary.
Start Time/Duration/Stop Time: 12:00 p.m. /5 hours/5:00 p.m.
Day, Date, Year: Monday, July 4, 2022
Event Location: Lake Meridian Park, 14800 SE 272nd Street, Kent
Refreshments: Backstage refreshments provided by City
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.
II. COMPENSATION. The City shall pay Contractor the total sum of $1,200.00 for the work to be
performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement.
III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete
press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program
materials, not less than six (6) weeks prior to the initial event date. All publicity and promotional materials released to the
media by the Contractor shall credit the City of Kent for its support of the event or project.
IV. 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 I. The City shall also provide ushers, house manager,
and box office staff and any additional services and personnel as required, for the efficient operation of the engagement.
Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: Outdoor park with temporary, covered stage.
Sound: City will provide sound technician and equipment.
Lights: N/A
Dressing Rooms: N/A
V. 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 only in the results obtained under this Agreement.
VI. EVALUATION. The Contractor shall have the authority to control and direct the performance and details
of the contract work, the work must also meet the approval of the City and shall be subject to the City’s general right of
inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this
evaluation process and to make available to the City all information required by such evaluation process. Contractor
agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become
applicable to Contractor or Contractor’s business, equipment and personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations.
VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor
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.
CONTRACTOR SERVICES AGREEMENT - 2
(Under $10,000 – Sole Performer)
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. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the
City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited
to, solicitation of participants for Contractor’s use in competition with City programs.
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. Outdoor performances are considered “rain or shine.” In the
event that extreme inclement weather renders an outdoor performance impossible, 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. The Contractor shall be under no liability for failure to perform in the event that such failure is caused
by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of
Contractor. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of
the Agreement.
XIII. MISCELLANEOUS PROVISIONS.
A. Discrimination. In the performance of work under this Agreement or any sub-contract, the 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.
B. 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.
C. 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.
D. 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 under
Section VIII of this Agreement.
E. 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.
F. 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.
CONTRACTOR SERVICES AGREEMENT - 3
(Under $10,000 – Sole Performer)
G. 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.
H. 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.
I. 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 accruing out of the performance of those operations.
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:
Greg Bennick
Impact Performers
P.O. 80821
Seattle, WA 98108
(206) 612-1122 (telephone)
gregbennick@gmail.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 25, 2022 10:44 PDT)
Lori Hogan
Recreation and Cultural Services Supt.
06/25/2022
Greg Bennick (Apr 27, 2022 00:06 EDT)
Greg Bennick
4/27/2022
Emcee / Performer
Greg Bennick
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Signature:
Email:
Melissa McCormick (Apr 28, 2022 07:41 PDT)
Melissa McCormick
cityclerk@kentwa.gov
GregBennick_Splash_22_Contract
Final Audit Report 2022-04-28
Created:2022-04-23
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAEimy_lEkSHNCEkI2MFPC257grE-N1BDI
"GregBennick_Splash_22_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2022-04-23 - 8:54:26 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2022-04-23 - 8:57:02 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2022-04-25 - 5:41:50 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2022-04-25 - 5:44:18 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Greg Bennick (gregbennick@gmail.com) for signature
2022-04-25 - 5:44:23 PM GMT
Email viewed by Greg Bennick (gregbennick@gmail.com)
2022-04-25 - 5:50:35 PM GMT- IP address: 104.28.50.183
Document e-signed by Greg Bennick (gregbennick@gmail.com)
Signature Date: 2022-04-27 - 4:06:45 AM GMT - Time Source: server- IP address: 23.105.36.193
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-04-27 - 4:06:48 AM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-04-27 - 2:18:39 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-04-27 - 2:18:52 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2022-04-27 - 2:18:54 PM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2022-04-28 - 2:37:09 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-04-28 - 2:41:37 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-04-28 - 2:41:37 PM GMT