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Home My WebLink AboutCAG2023-313 - Original - Lake Meridian Community Association - Fourth of July Splash Event Fireworks - 05/18/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: L ff Agreement Routing Form DirAsst: 11,2 ,� • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Ron Lashley - Lori Hogan Parks, Recreation & Community Services Date Sent: Date Required: > 05/10/2023 ASAP 0 Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number: Grant? Yes NOW] 10006220.64190.4330 Budget?W]Yes E]No Type: N/A Vendor Name: Category: Lake Meridian Community Association Contract Vendor Number: Sub-Category: c 2517828 Original Project Name: Fourth of July Splash Event Fireworks cProject Details: LMCA will contract with a pyrotechnic vendor to provide a firework show to 0 take place at the conclusion of the City s Fourth of July Splash event at Lake Meridian Park. c Basis for Selection of Contractor: Agreement Amount• $24,000 Direct Negotiation E .I *Memo to Mayor must be attached i Start Date: 05/ 1 0/23 Termination Date: 07/4/23 Q Local Business?W] No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: W1 YesElln-ProcessDExempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YeswINo CAG2023-313 Comments: 4J i 3 a-+ f0 Im C C Im aZ Vf � 3 0 a, ioc Date Received:City Attorney:5/17/23 Date Routed:Mayor's Office 5/18/23 City Clerk's Office 5/19/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 CONTRIBUTION AGREEMENT between the City of Kent and Lake Meridian Community Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Lake Meridian Community Association, a nonprofit corporation organized under the laws of the State of Washington, located and doing business at 26441 137th Ave SE, Kent, WA 98043 (hereinafter "LMCA"). AGREEMENT I. CONTRIBUTION FOR FIREWORKS SHOW The City shall pay LMCA an amount equal to Twenty-Four Thousand Dollars ($24,000) toward the funding of a fireworks show to take place at the conclusion of the City's Fourth of July Splash Event at Lake Meridian Park. This amount shall be issued to LMCA upon execution of this agreement. II. EVENT CANCELLATION AND RESCHEDULING LMCA shall be responsible for the full costs associated with cancellation or rescheduling of the fireworks show and the City shall have no obligation to pay the amount specified in Section I of this Agreement. Additionally, LMCA shall remit any amount paid under Section I of this agreement to the City, regardless of the amount LMCA is able to recover from the pyrotechnic vendor. In the event that both the fireworks show and the Fourth of July Splash Event coincide upon rescheduling, LMCA may enforce the City's obligation under Section 1 of this Agreement, provided that the City shall not be responsible for any rescheduling expenses. III. INDEMNIFICATION. LMCA 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 this Agreement or the fireworks display, except for that portion of the injuries and damages caused by the City's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IV. MISCELLANEOUS PROVISIONS. A. 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, including all appeals, 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 III of this Agreement. B. 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 or instantaneously with regard to electronic 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. C. 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 LMCA. D. Entire Agreement. The written provisions and terms of this Agreement 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. E. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. Lake Meridian Community Association: CITY OF KENT: V/ By Vail Saggaur S V Va o aY23 1:51 PDT, B — Print Name: Dean S Saggau Print Name: Dana Ralph Its President LMCA Its Mayor DATE: May 15, 2023 DATE: 05/18/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: LMCA: CITY OF KENT: Dean Saggau Lori Hogan Lake Meridian Community Association City of Kent 15215 SE 272"d St, Suite #102 220 Fourth Avenue South Kent, WA 98042 Kent, WA 98032 (253) 638-1341 (telephone) (253) 856-5067 (telephone) dean.saggau@edwardjones.com (email) Ihogan@kentwa.gov (email) APPROVED AS TO FORM: tqot- 0-1�ji Kent Law Department ATTEST: L� AiajL Kent City Clerk Rec-LMCA-Fireworks Final Audit Report 2023-05-15 Created: 2023-05-11 By: Ronald Lashley(rlashley@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAApt5A_WDv4jXdL4Qkyy7Vg7wfg6PDswFK "Rec-LMCA-Fireworks" History s Document created by Ronald Lashley (rlashley@kentwa.gov) 2023-05-11 -8:22:21 PM GMT-IP address: 146.129.252.126 Document emailed to dean.saggau@edwardjones.com for signature 2023-05-11 -8:23:23 PM GMT ` Email viewed by dean.saggau@edwardjones.com 2023-05-15-6:49:27 PM GMT-IP address: 136.226.56.109 C:'Q, Signer dean.saggau@edwardjones.com entered name at signing as Dean S Saggau 2023-05-15-6:51:34 PM GMT-IP address: 136.226.56.109 �} Document e-signed by Dean S Saggau (dean.saggau@edwardjones.com) Signature Date:2023-05-15-6:51:36 PM GMT-Time Source:server-IP address: 136.226.56.109 ® Agreement completed. 2023-05-15-6:51:36 PM GMT Powered by r � Adobe ` � T Acrobat Sign