HomeMy WebLinkAboutCAG2023-362 - Original - Alex Zerbe - Food Truck Frenzy Entertainment - 09/07/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:
Agreement Routing Form Dir. Assist:
• For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover
WASHINcroN Sheet forms. Dir/Dep Dir:
Originator: Department:
Cindy Robinson Parks, Recreation & Community Services
Date Sent: Date Required:
> 06/15/2023 7/01/2023
0
CL Authorized to Sign: Date of Council Approval:
QDirector or Designee NA
Budget Account Number: Grant? Yes WINo
1000624.6419.4550
Budget?W]Yes:No Type: N/A
Vendor Name: Category:
Alex Zerbe Contract
Vendor Number: Sub-Category:
= 1966704 Original
0 Food Truck Frenzy Project Name: y Entertainment
3- Project Details:Alex will be performing entertainment at the Kent Senior Activity Center's
0
= Food Truck Frenzy
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Agreement Amount: $1 000.00 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 09/07/2023 Termination Date:
Im
Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes In-Process Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FTesONo CAG2023-362
Comments:
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Date Routed to the City Clerk's Office: 6/20/23
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
•
KENT PERFORMANCE AGREEMENT
WASH I NGTO N between the City of Kent and
Alex Zerbe
THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Alex Zerbe (the "Contractor"), organized under the laws of the State of Washington, located
and doing business at 5225 Aspinwall Ct NW, Olympia, WA 98502.
I. DESCRIPTION OF WORK. Contractor shall perform the following event for the City:
Description: Juggling and Roving Crowd Entertainment
Public Performance: Kent Senior Activity Center Food Truck Frenzy
Start Time/Duration/Stop Time: 11:00 AM —2:00 PM
Day, Date, Year: September 7, 2023
Event Location: Kent Senior Activity Center, 600 East Smith St, Kent,WA 98030
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$1,000.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The
balance of$1000.00 will be paid by the City on September 7, 2023 and remitted to Alex Zerbe at the Kent Senior Activity
Center. However, should restrictions imposed due to the current Coronavirus pandemic require smaller, socially distanced
capacity, the parties agree the compensation due under this Agreement may be reduced upon the mutual agreement by
the Contractor and City, which agreement shall be confirmed in writing, though a formal contract amendment shall not be
necessary.
III. 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.
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 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: Kent Senior Activity Center
Sound: NA
Lights: NA
Dressing Rooms: Kent Senior Activity Center Classroom
Technical Staff: NA
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 primarily only in the results obtained under this Agreement
and compliance with its terms and conditions.
VI. 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.
VII. 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
PERFORMANCE AGREEMENT- 1
(between City and Artist)
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.
VIII. 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.
IX. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor,
its sub-contractors, or any person acting on behalf of the Contractor or sub-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 who is qualified and available to perform the work to which the employment relates. The
Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City
Administrative Policy 1.2.
X. 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.
XI. 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.
XII. 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.
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
PERFORMANCE AGREEMENT- 2
(between City and Artist)
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: CITY OF KENT:
GeX ZeYbe tar�l Ire
By:R Alex Zerbe(Jun 19,202313:47 PDT) By: Lori Hogan(Ju 20,2023 08:55 PDT)
R Alex Zer0nature) (signature)
Print Name: Print Name: Lori Hogan
Its Professional Zaniac Its: Recreation Superintendent
DATE: Jun 19,2023
(title) DATE:Jun 20,2023 (title)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Alex Zerbe Cindy Robinson
5225 Aspinwall Ct NW City of Kent
Olympia, WA 98502 220 Fourth Avenue South
Kent, WA 98032
206-409-9004 (telephone)
alex(o-)alexzerbe.com (email) (253)253-856-5162 (telephone)
crobinson@kentwa.gov (email)
PERFORMANCE AGREEMENT- 3
(between City and Artist)
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's
equal employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
0 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for
Enforcement of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives
outlined below, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement I, the prime contractor, will provide a written
statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
EEO COMPLIANCE DOCUMENTS - 2 of 5
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures Non-
discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
EEO COMPLIANCE DOCUMENTS - 3 of 5
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
By signing below, I agree to fulfill the five requirements referenced above.
&v Alu Zei-be
By R Alex Zerbe(Jun 19,2023 13:47 PDT)
Alex Zerbe Entertainment LLC
For:
Professional Zaniac
Title:
Date: Jun 19,2023
EEO COMPLIANCE DOCUMENTS - 4 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization
and, if holding Agreements with the City amounting to $10,000 or more within any given year,
must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5
Exhibit A
Insurance 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:
Commercial General Liability insurance shall be written on Insurance
Services Office (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.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all autos used in the performance of this
Agreement. This coverage must be on a primary and non-contributory
basis only. Coverage shall be written on ISO form CA 00 01, or a
substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Waiver of Subrogation
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence.
The above policy limits may be obtained with excess liability (umbrella)
insurance.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Commercial General Liability and Automobile Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not
contribute to the Contractor's insurance policies.
2. 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 has been given to the City,
sent via certified mail, return receipt requested.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an 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 claims are made or suit is
brought, except with respect 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. The City waives no
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsements naming the City as
a Primary Non-Contributory Additional Insured.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all the same insurance
requirements as stated herein for the Contractor.
A 111-
liiW6
SPECIALTY DATE
*INSURANCE AGENCY* CERTIFICATE OF LIABILITY INSURANCE DATE
f//eue yal y<br ewm umd 06/1 1/2023
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).
PRODUCER Contact Name: Heather Weiss Zenzen
Specialty Insurance Agency
Performers of the U.S. Phone: 715-246-8908 FAX: 715-246-8908
3432 Denmark Ave#231 Email: certs@specialtyinsuranceagency.com
Eagan, MN 55123
INSURERS AFFORDING COVERAGE NAIC#
INSURED PERFORMERS OF THE U.S.AND ITS PARTICIPATING MEMBERS: INSURER A: Evanston Insurance Company 35378
Richard Alex Zerbe INSURER B:
dba Alex Zerbe Entertainment,The Zaniac,Alex Zerbe
INSURER C:
5225 Aspinwall Ct NW
Olympia,WA 98502 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
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
INSD Me DATE(MM/DD/YY) DATE(MM/DD/YY)
X COMMERCIAL GENERAL EACH OCCURRENCE $3,000,000
LIABILITY DAMAGE TO RENTED $300,000
CLAIMS MADE X❑OCCUR PREMISES(Ea occurrence)
MED EXP(Any one person) $5,000
GEN'L AGGREGATE LIMIT
A X X 2CN0178-30985 06/15/2023 06/14/2024 PERSONAL&ADV INJURY $3,000,000
APPLIES PER: GENERAL AGGREGATE
P
POLICY❑PROJECT $5,000,000
PRODUCTS-COMPA/OG S 5,000,000
LOC
EACH OCCURRENCE $
PERFORMER ASSISTANT(S)
A AGGREGATE $
A BUSINESS PERSONAL AGGREGATE $
PROPERTY-INLAND MARINE
SEXUAL ABUSE AND EACH OCCURRENCE $
A MOLESTATION
AGGREGATE $
ElOCCUR
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.:
Richard Alex Zerbe dba Alex Zerbe Entertainment,The Zaniac,Alex Zerbe
Additional Insured: Kent Senior Activity Center
Email:crobinson@kentwa.gov Attn:Cindy Robinson Event Dates:09/07/2023-09/07/2023
Insured for:Comedian,Juggler,Rola-Bola Performer,Children's Entertainer, Emcee, Fire Performer
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING
Kent Senior Activity Center COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
600 E Smith St CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO
Kent,WA 98030 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE 9
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
III 2CN0178-30985
MARKEV
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 bylaw; 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 09 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
Signature: et4� A�4
Email: kkomoto@kentwa.gov
Signature:
Email: crobinson@kentwa.gov
Signature: Kin Komafo
Kim Komoto(Jun 20,202312:55 PDT)
Email: cityclerk@kentwa.gov
061623-AlexZerbe-FoodTruckFrenzyEntertainm
ent
Final Audit Report 2023-06-20
Created: 2023-06-16
By: Hannah Barber(hbarber@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAKxlvRC9KB4B4ZOjp4SIccai1rEbb8ELV
"061623-AlexZerbe-FoodTruckFrenzyEntertainment" History
Document created by Hannah Barber(hbarber@kentwa.gov)
2023-06-16-11:11:20 PM GMT
Document emailed to Cindy Robinson (crobinson@kentwa.gov)for signature
2023-06-16-11:17:04 PM GMT
Email viewed by Cindy Robinson (crobinson@kentwa.gov)
2023-06-16-11:17:42 PM GMT
Document e-signed by Cindy Robinson (crobinson@kentwa.gov)
Signature Date:2023-06-16-11:18:27 PM GMT-Time Source:server
Document emailed to alex@alexzerbe.com for signature
2023-06-16-11:18:28 PM GMT
Email viewed by alex@alexzerbe.com
2023-06-19-8:45:08 PM GMT
Signer alex@alexzerbe.com entered name at signing as R Alex Zerbe
2023-06-19-8:47:51 PM GMT
d4 Document e-signed by R Alex Zerbe (alex@alexzerbe.com)
Signature Date:2023-06-19-8:47:53 PM GMT-Time Source:server
Document emailed to Ihogan@kentwa.gov for signature
2023-06-19-8:47:55 PM GMT
Email viewed by Ihogan@kentwa.gov
2023-06-20-3:54:15 PM GMT
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�p Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan
2023-06-20-3:55:13 PM GMT
dp Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
Signature Date:2023-06-20-3:55:15 PM GMT-Time Source:server
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2023-06-20-3:55:17 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2023-06-20-3:58:14 PM GMT
dg Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2023-06-20-3:58:28 PM GMT-Time Source:server
Document emailed to cityclerk@kentwa.gov for signature
2023-06-20-3:58:30 PM GMT
Email viewed by cityclerk@kentwa.gov
2023-06-20-7:52:30 PM GMT
Signer cityclerk@kentwa.gov entered name at signing as Kim Komoto
2023-06-20-7:55:39 PM GMT
Document e-signed by Kim Komoto (cityclerk@kentwa.gov)
Signature Date:2023-06-20-7:55:41 PM GMT-Time Source:server
Agreement completed.
2023-06-20-7:55:41 PM GMT
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