HomeMy WebLinkAboutContractENTERTAINMENT AGREEMENT FOR
RENTON RIVER DAYS – WENATCHEE YOUTH CIRCUS
This Entertainment Agreement, which is a contract for professional services for the engagement described below, dated
May 1, 2024, is made by and between the City of Renton and Wenatchee Youth Circus.
1.Name of Professional Service Provider: Wenatchee Youth Circus, a Washington nonprofit corporation (hereinafter
“Provider”)
Professional Service: Circus
2.Scope of Engagement: Circus Performance consisting of ground and aerial circus acts (hereinafter “Engagement”)
as described in Exhibit A, which is attached hereto and incorporated by this reference.
3.Location of Engagement: Liberty Park Stadium, Renton, Washington
4.Date(s) of Engagement: July 26 and 27, 2024; Venue: Liberty Park Ballfield;
Performance time(s): July 27th - 1:00pm, 2:30pm, & 4:00pm.
5.Total compensation to Provider by City of Renton: $ 4,400.00
Check should be made payable to: Wenatchee Youth Circus.
Check should be sent to the following address: P.O. Box 1733, Wenatchee, WA 98807
Note: If Provider is a new vendor to City of Renton, a City of Renton Vendor Setup Form must be completed and
received by the City of Renton before payment can issue.
6.City of Renton will make payment as follows: One hundred percent on July 27, 2024, if this Entertainment
Agreement has been fully executed; if a completed Vendor Set-Up Form is on file with the City and was received by
the City at least 30 days prior to such date; and if Provider provides Engagement in compliance with this
Entertainment Agreement. Otherwise, the City of Renton will issue payment within 30 days after receipt of the
fully executed Entertainment Agreement and the completed Vendor Set-Up Form and if Provider provides
Engagement in compliance with this Entertainment Agreement.
7.Insurance:
× Evidence of liability insurance coverage, with the City of Renton named as an Additional Insured, is required.
o Evidence of liability insurance coverage is waived by Risk Management and is not required.
The City of Renton does not represent that any required minimum insurance, or waiver of such insurance, is adequate
to protect Provider from financial liability created by Provider’s acts or omissions.
8.Reservation: Subject to constitutional or other legal limits, the City of Renton reserves the right to specify the manner,
means and details of the performance of services by Provider as well as the mode in which the service shall be
accomplished.
9.Additional Provisions:
a.The City of Renton’s primary contact for this Entertainment Agreement is:
Contact: Tom Puthoff , Recreation Supervisor
Phone : 425-430-6766; Email: tputhoff@rentonwa.gov
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b. The City of Renton has the right to cancel the Engagement and/or this Entertainment Agreement due to
inclement weather or for any other reason, in which case the Provider is not entitled to any compensation.
c. Provider shall maintain all records relating to the Engagement and retain such records for as long as required
by applicable Washington State records retention laws, but in any event no less than six years after the last
date of the Engagement. Provider agrees to provide access to and copies of any records related to the
Engagement as required by the City for audit purposes or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expi ration or termination of this
Entertainment Agreement.
d. The City of Renton maintains licenses with the American Society of Composers, Authors and Publishers
(ASCAP) and Broadcast Music Incorporated (BMI). Provider is responsible for obtaining any and all required
forms of permission that extend beyond the City of Renton’s copyright obligations .
e. Provider, and its agents or assigns, agrees to release, indemnify, defend, and hold harmless the City of Renton
from any and all claims from any person or entity which may arise due to any act or omission, whether or not
intentional, by Provider or anyo ne acting on Provider’s behalf.
e. The nature of the relationship between Provider and the City of Renton under this Entertainment Agreement
shall be that of an independent contractor, not employee, consultant, or agent.
f. To the extent a Provider-prepared attachment conflicts with the terms in the body of this Entertainment
Agreement or contains terms that are extraneous to the purpose of this Entertainment Agreement, the terms
in the body of this Entertainment Agreement shall prevail, and the attachment’s extraneous terms sh all not
be incorporated herein.
g. The laws of the State of Washington shall apply to this Entertainment Agreement.
h. Provider and the City of Renton may execute this Entertainment Agreement in any number of counterparts,
each of which shall constitute an original, and all of which together constitute this one Entertainment
Agreement.
This Entertainment Agreement contains the entirety of the agreement between the parties. No further agreements have
been made between the parties.
Signed by:
Carl Edlund, WYC Vice President
P.O. Box
Wenatchee, WA, 98807
425-503-2581
wenatcheeyouthcircus@yahoo.com
Maryjane Van Cleave , Community Services
Administrator
1055 South Grady Way
Renton, WA 98057
(425) 430-6617
mvancleave @rentonwa.gov
Date signed: day of , 20 Date signed: day of , 20
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6/30/2024 | 6:56 PM PDT 7/2/2024 | 9:31 AM PDT
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Exhibit A
“The Biggest Little Circus in the World”
P.O. Box 1733
Wenatchee, WA 98807
Tax ID #91-0746392
www.wenatcheeyouthcircus.com
wenatcheeyouthcircus@yahoo.com
THIS AGREEMENT made this __11__ day of ___April_____, 2024 by Renton River Days; hereinafter called the
OPERATOR and between the Wenatchee Youth Circus; hereinafter called the CONTRACTOR .
FOR AND IN CONSIDERATION of the mutual covenants as hereinafter set out, for the parties agrees as follows:
1. CONTRACTOR agrees to furnish to OPERATOR
A series of performances by THE WENATCHEE YOUTH CIRCUS
consisting of ground and aerial circus acts.
Place of performance venue: Big Liberty
Commencing on this date : July 26, 2024
For a period of : two (2) days
Set-up: Fridy, July 26, 2024.
Performance: Saturday, July 27, 2024
Tear-down: Saturday 27 th, after final show
Total number of
performances:
3 performances
Showtimes: 1:00pm, 2:30pm & 4:00pm
The OPERATOR agrees to pay the CONTRACTOR , and the CONTRACTOR agrees to accept as full payment, the
sum of: $_2,200/day for 2 days = $_4,400.00_ payable immediately after the completion of the final performance.
2. CONTRACTOR represents that personnel used in and for the acts are under his sole and exclusive supervision,
direction and further agrees;
(a) to furnish all equipment, riggings and costumes necessary to present the acts as required herein, which are to be in
first-class condition, working order and general appearance. If CONTRACTOR or his performers, perform on
any or with any riggings or use equipment which are property of the OPERATOR, said riggings or equipment
shall be considered to be on loan to CONTRACTOR and CONTRACTOR agrees to hold harmless the
OPERATOR from all claim arising from said use, unless said rigging or equipment are declared defective or not
within safety standards.
(b) to handle, erect and dismantle all CONTRACTOR'S equipment at its own expense, and to leave all premises
occupied or used by CONTRACTOR in as good condition as upon arrival.
(c) CONTRACTOR is liable and responsible for its own property, as well as property of the performers and families
and agrees to hold harmless the OPERATOR from claims for bodily injury, or damage to property including the
loss of use thereof, arising out of the CONTRACTOR’S and/or his performer’s operations, whether by
performance, maintenance, or while performing in the show. For the purpose of this Agreement, operations shall
include, but not be limited to (1) transportation of all persons, equipment and paraphernalia, (2) housing of all
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persons, equipment and paraphernalia which shall be on the grounds, (3) cooking and eating equipment and
paraphernalia which shall be on the grounds, (4) actual performances, including the setting up and dismantling.
(d) CONTRACTOR agrees to provide the Certificate of Insurance which covers the activities during the terms of
this contract upon OPERATOR request. Coverage will include, but not be limited to, General Liability Insurance
of up to Two Million dollars ($2,000,000.00). If the performance dates scheduled in this contract are after the
CONTRACTOR policy annual renewal date in May, then the Certificate of Insurance that covers those dates will
be provided upon request as soon as it is available.
3. OPERATOR agrees to furnish at their own expense the grounds, seating for said shows and all costs incident
thereto.
4. OPERATOR shall provide sanitary facilities sufficient to accommodate approximately 100 persons, such as:
(a) Toilets or Portalets/Porta -Potties (including a wheelchair accessible facility) in the immediate vicinity of
grounds. These must also have a sanitizer dispenser in each sani -can. Maintenance of these sani-cans must
be daily.
(b) Showers within reasonable vicinity of the grounds .
(c) Garbage location assigned for pick up by OPERATOR and/or a dumpster within close proximity (we have
our own garbage cans). Audience garbage cans provided by OPERATOR.
(d) Potable Water outlets that are accessible by 400 feet or less of hose. Or, as negotiated ahead of time.
(e) Electricity : (2) 50amp service. Please note that if we do not have power, there will be a n additional daily
surcharge to run our generator . The amount is based on the amount of fuel actually consumed while at the
OPERATOR’s grounds.
5. OPERATOR agrees to assume all expenses of promotion, printing, ticket taking, etc., incident to the
performance(s).
6. OPERATOR agrees to actively promote this contract in a manner that it may successfully fulfill its obligations to
the CONTRACTOR as well as its own purpose obligations.
7. Neither CONTRACTOR nor OPERATOR shall be liable for failure to perform all or any part of this agreement
when such failure is attributable to government authority, act of God, war, riot, acts of the public enemy, strike, lockout,
explosion, fire, and flood or for any other cause beyond his control including COVID related reasons.
8. The words CONTRACTOR and OPERATOR used herein include and apply to singular and plural parties and
all genders wheresoever the context hereof will so admit.
9. The word “Grounds” used herein shall apply to the area to which CONTRACTOR is assigned use for
performances, storage, eating, and sleeping.
SPECIAL PROVISIONS:
1. Lot for set-up that is large enough (appro ximately 200 feet x 200 feet) to accommodate circus equipment,
including crew RVs and tents, the ‘cookshack’ semi-truck, and a parking area for the flat-bed equipment
truck.
2. Mandatory that prior to our arrival markings are made for all underground power lines, underground
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sewer lines, underground irrigation and city/county water lines , underground structures, tanks, or hazards
and any environmentally sensitive areas that need to be avoided .
a. OPERATOR is responsible for all costs, remediation (e.g. cleanup), and repairs associated with
damage to unmarked items.
b. CONTRACTOR is not liable and shall be held harmless for any damage to unmarked obstacles.
3. Lot shall be free of above ground trees and power poles / lines.
4. Ability to drive many 4 -5 foot stakes into the ground to secure the performance equipment and tents .
5. Ability to drive our semi-trucks on lot or access within close proximity.
6. Designated space for our tents and RVs on 200x200 foot lot.
7. OPERATOR to coordinate other acts at festival or fair so they are not overlapping in time frame and
sound interference so as to not interfere obtain a bigger audience for each.
8. Concessions will be sold during our performance times only and will be shut down all other times while on
location.
WYC Contact Information:
President, Charlie Brown 509 -669-0030
Vice President, Carl Edlund 425 -503-2581/ Glenna Brown 609-630-6726
Lead Trainer, Josh Dailey 509 -264-3647
Please include phone numbers for primary contact, maintenance, and anyone else we may need to be in contact with
when we arrive or throughout the duration of our stay. Also provide an after -hours contact number.
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