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HomeMy WebLinkAboutContractDocusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 AGREEMENT FOR RENTON RIVER DAYS ATTRACTIONS THIS AGREEMENT, dated for reference purposes only as May 9, 2025, is by and between the City of Renton (the "City"), a Washington municipal corporation, and 71 Productions, Inc. d/b/a National Events Pros ("Consultant"), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide attractions at Renton River Days Activity Zone as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than July 27, 2025. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $64,060.40, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for CAG-25-178 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten {10) calendar days' notice to the Consultant in writing. In the event of inclement weather or other conditions (such as unhealthy or hazardous air quality index) that the City determines, in its sole discretion, warrant or require that the Renton River Days event be canceled, the City will notify Consultant of the cancellation as soon as reasonably possible. If the Agreement terminates pursuant to this Section, any deposit will be refunded and neither Party shall have any further liability or obligation to the other under this Agreement. 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without PAGE20F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it PAGE30F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate ... ) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11.Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a PAGE40F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 12. business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https ://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https :// dor. wa .gov/ doing-bu si ness/register-my-busi n ess 13.Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. PAGES OF 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 F.Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Sean Conway 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6711 sconway@rentonwa.gov CONSULTANT Lance Salisbury PO Box 6177 Kent, WA, 98064 Phone: (855) 509-7767 lance@nationaleventpros.com 17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application PAGE60F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. PAGE70F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 G.Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City's project manager is Sean Conway. In providing Work, Consultant shall coordinate with the City's project manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D.Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. PAGE80F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 H.Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N.Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. PAGE90F 11 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: __________ _ Armondo Pavone Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form By:-----------­ Blythe Phillips Assistant City Attorney PAGE 100F 11 CONSULTANT 1-DocuSigned by: By:�� Lance Salisbury President 5/29/2025 10:11 AM PDT Date 6/3/2025 Approved by Blythe Phillips via email 5/28/2025 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 EXHIBIT A See separate attachment. Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 1m11m 71 Productions, Inc dba National Event Pros PO Box 6177, Kent, WA 98064 855-509-7767 (Main)NATIONAL EVENT PROS 253-872-2904 (Fax) info@nationaleventpros.com CLIENT City of Renton Sean Conway 1055 S. Grady Way Renton WA 98057 (425)430-6711 (425)430-6711 INVOICE Item Arm Chair Quarterback EVENT Renton River Days Sat, Jul 26, 2025 11:00am -Sun, Jul 27, 2025 5:00pm Fully Staffed -NEP Mechanical Staff (Required) First Down Throw Generator 6500W (Inverted) NOTES *Load In on Saturday morning (7/26) Hours -11am to 8pm *Load Out on Sunday (7 /28) Hours -11am to 5pm Invoice #39057803 Mon, Mar 3, 2025 Event Planner: Bob Washburn VENUE Liberty Park 1101 Bronson WayN ReAt:OA (OFAFAllAit:y CeAt:er 1715 Maple 'Jalley Highway Renton WA 98057 Grass -Allow Stakes Qty 1 1 1 1 Subtotal Subtotal Sales tax 10.300% Total Deposit Due Balance due Total $2,800.00 $1,050.00 $1,400.00 $600.00 $5,850.00 $5,850.00 $602.55 $6,452.55 $3,226.27 $6,452.55 NEP will provide one staff for Arm Chair QB and client will provide one additional staff to supervise First Down Throw. Lessee will: 1. Provide any required entrance and parking passes. 2. Provide a minimum of 1 adult volunteer(s) to operate the activities at the Liberty Park Venue. 71 PRODUCTIONS, INC DBA NATIONAL EVE NT PROS STANDARD TERMS AND CONDITIONS Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 1m11m NATIONAL EVENT PROS 71 Productions, Inc dba National Event Pros PO Box 6177, Kent, WA 98064 855-509-7767 (Main) 253-872-2904 (Fax) info@nationaleventP.ros.com CLIENT City of Renton Sean Conway 1055 S. Grady Way Renton WA 98057 (425) 430-6711 (425) 430-6711 EVENT Renton River Days Sat, Jul 26, 2025 11:00am -Sun, Jul 27, 2025 5:00pm Fully Staffed VENUE Renton Community Center 1715 Maple Valley Highway Renton WA 98057 Grass -Allow Stakes INVOICE Item Qty Ballistic Swing l 50' Temp Cord l Mechanical Ride Cord Covers (Black) 5 Mechanical Ride Cord Covers (Orange) 5 -NEP Mechanical Staff (Required)� 1 24' Rockwall (4 Station) l Chair Rental -Black Plastic Folding 2 10' x 10' Canopy (CU Supplies) l -NEP Mechanical Staff (Required)2 Bungee Trampoline (4-Station) l Chair Rental -Black Plastic Folding 2 Generator 7100W (Inverted) l -NEP Mechanical Staff (Required)3 23' Circus City Triple Lane Slide l Ninja Warped Wall l Midway Amusement Park Obstacle Course l Leaps 'N' Bounds -Lava Flow l -NEP Event Staff (Required)l Wacky Jr. Obstacle Course l 25'Carouse1Bouncer#l l Midway Kid Zone Combo l Fun Fair Park Jr. l Funhouse Mini Combo l 32' "Big Rig" Theater l QB Blitz l Generator 5000W (Inverted) 2 Generator 6500W (Inverted) l Generator 7100W (Inverted) l Generator 7200W Yamaha 4 Generator llKW l Total $5,700.00 $250.00 $250.00 $1,050.00 $2,600.00 $2,100.00 $3,845.00 $425.00 $3,150.00 $3,200.00 $1,945.00 $3,200.00 $2,50000 $1,700.00 $1,450.00 $1,450.00 $1,100.00 $1,000.00 Invoice #32971485 Thu, May 15, 2025 Event Planner: Bob Washburn one staff member (not two) provided by NEP for the Ballistic Swing $5,000.00 one staff member to be provided by NEP for the 32' Big Rig Theater $1,400.00 $850.00 $425.00 $425.00 $1,850.00 $450.00 Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 1,1111on1 �"J' 50' Temp Cord Spider Box NEP Event Supervisor Watch Dog Alert System Generator 8000W (w/GFCI) Generator 12.5KW 50' Temp Cord Spider Box Subtotal Delivery Fees Discount Setup/Strike Fee Fuel Surcharge Fee Friday Ride Hold Subtotal T T T T T $50,265.00 $750.00 $-1,750.00 $1,600.00 $250.00 $1,000.00 $5 2,115.00 Sales tax Total Deposit Due Balance due NOTES 10.300% $5,367.85 $57,482.SS $28,741.4 2 $57,482.85 *Load In on Friday (7 /25) at 9am *Event Hours -Saturday (7 /26) 11am to 8pm Sunday (7 /27) 11am to 5pm *Load Out on Sunday (7/27) Twelve (12) 1 1 2 9 1 1 1 1 ,,,n.al $25.00 $25.00 $2,400.00 $4 50.00 $25.00 $25.00 **NEP will use� portable generators to power the inflatable rides and 4-station Bungee Trampoline. All generators will be rated less than 15KW. **City of Renton will provide one 50amp circuit for Ballistic Swing *NEP will provide two Event Supervisors and staff as outlined below. Additional staff (volunteers or hired staff) will be needed as outline below. 1) Ballistic Swing-NEP will provide one staff (*Order shows 2 NEP staff because our booking software doesn't allow us to change the number of staff) and one additional staff will be required For the Ballistic Swing, NEP will provide one mechanical staff person and the City will provide one staff person to ) B T I. NEP .11 .d Th ff manage the event attendees in queue for the swing and to assist attendees in mounting/dismounting the swing 2 ungee ram po me -w1 prov, e ree sta 3) 24 ft. Climbing Wall -NEP will provide Two staff & One additional staff*to manage the event attendees in queue for the climbing wall 4) 23 ft Circus Slide -Two additional staff 5)25' Carousel Bouncer -One additional staff 6)Midway Obstacle Course -Two additional staff 7) Ninja Warped Wall-One additional staff 8) Wacky Jr. Obstacle Course -One additional staff 9)Midway Combo Bounce/Slide -One Additional staff 10)Leaps & Bounds-Lava Flow -Two Additional staff; NEP will provide one staff 11) Fun Fair Park Jr. -One Additional staff 12) Fun house Mini Combo -One Additional staff 13) QB Blitz -One Additional Staff 14) 32' Big Rig Theater -NEP will provide One staff Total NEP Staff for the Renton Community Center Venue= 8 (ktElutles excluding the two supervisors) Total Additional staff provided by client= 15 Lessee will: I. Provide (20) 110V/20A electric circuits and 10/1 2 gauge cords for distances over 50 ft. 2. Provide any required entrance and parking passes. 3. Provide a minimum of 17 adult volunteer(s)/staffto operate the activities. 71 PRODUCTIONS, INC DBA NATIONAL EVENT PROS STANDARD TERMS AND CONDITIONS Thank you for choosing 71 Productions, dba National Event Pros. Unless modified by mutual written agreement these Terms and Conditions are an integral part of our proposal and apply to all Attraction Equipment, Performers and Services provided to you by National Event Pros (referred to below as "71P/NEP" or "we"). We ask that you review the Invoice, these Terms and Conditions and any Supplemental Terms provided and raise any questions prior to accepting your proposals. Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 I Equipment Rental Agreement Our goal is to provide you with friendly, fun, professional & quality service. We prefer not to provide you a list of legal terminology, however there are factors beyond both our control and your control, such as weather and emergencies that may arise before or during your event. We also understand emotions may come into play since this may be a special day. If factors arise and we can't mutually agree on a fair outcome, then the terms and conditions written here are the only acceptable terms of negotiation. By making your deposit or payment in full, you are agreeing to these terms and conditions described on the invoice above and Rental Agreement below. 1.Contract; Booking Fee / Payment The accompanying Invoice sets forth our proposal for the Attraction Equipment, Performers and Services ("Attractions") National Event Pros will provide for your event. Acceptance of the contract requires your signature confirming the terms in the Invoice (including these Terms and Conditions) and your payment of the 50% Deposit fee listed in the Contract. PFepesals FeFR aiA valiEI feF S weFl1iAg Elay s, � no specific Attraction will be reserved until we receive a signed contract and the booking fee from you. UAless etheF teFFRS a Fe stateEI eA the IA•,•eiee, the ha la Ace Elue FRUst he paiEI E.!illIB te the staFt ef yeuF eveAt. If you need to make alternate arrangements to meet our deposit requirements, please contact your National Event Pros representative. Your date is not confirmed unless we have received your service retainer and signed rental agreement. Final Payments ¥euF fiAal halaAee FRust he paiEI te us pFieF te yeuF eYeAt FeAtal Elate. ¥euF FeAtal FRay he eaAeelleEI if we have Aet receives yeuF fiAal payFReAt hy that tiFRe. CusteFReFs ea A FF1al1e pest e•,•eAt payFReAt aFFaAgeFReAts with puFchase ereeFs eF ether terFRs with eu r apprnval. Return Check Charge There is a $50 charge for all returned checks. 2, Ganeellatien Fee Peliey AAy caAeellatieAs FRust he iR writiAg aREI are sul:lject te the terFRs helew. Plea se Aete, feF EleeeFRher heel1 iRgs, specia l eaAcellatieR ceAelitieAs apply. SO% Beel1iAg Fee is �1m1 ref\maahle. There is Ae eRel Elate te re hee l1 yeur reAtal iAsteael ef ferfeitiRg fuREls, hut ifyeu FRUst ca A eel the terFRs are listea here. Days prier te e•;ent date Ganeellatien fee 30 er FRere 25% heel1iRg fee 16--29 � 50% ef eve At re Ata I teta I 100% ef eveRt FeRtal tetal I Event Day Responsibilities Event Confirmation Call/ Email We will call you prior to your event date to confirm your event and event details, such as times and logistics. 3.lnclement Weather Policy IA the e•,•eAt ef heav·1 raiA aAelfeF streAg wiRels such that use efthe AttraetieR eeiuipFReAt eF etheF e•;eAt ser.•iees are El eeFReel uAsafe hy 71P/�IEP , we FRay elect te caRcel eur sep;ices er teFRperaFily suspeAEI .O.ttraetieRs. If you anticipate that inclement weather may require your event to be cancelled, please call the 71P/NEP at 206-763-3236 by 9:00 AM on the day of your event. 71P/�IEP will EleterFRiRe whetheF leeal wea theF eeAElitieRs reeiuire eaAeellatieA ef eur sep;iees, a Rel if se eleteFFRiAeel, will creel it yeuF aeeeuAt feF the tetal IR�•eiee price, ta he uses withiA eRe yeaFefthe eaAeelleel eveAt, FRiAus a $200 peF AttractieA eeiuipFReRt uRit Festeel1iRg fee. E.JEelueleel iteFRs iAehiele {hut Aet liFRiteel te: TeRts, Ta hies, Chairs, PleehaAieal Rises, & perfeFFRers. Otherwise, the eaReellatieA previsieAs ef paragraph 2, ah eve, \/ill apply. �latieAal Eve At Pres streAgly reeeFRFReAEls that yeu plaA fer aA alterAate, iAEleer leeatieA fer aAy .O.ttraetieRs te a•;eiEI iRterruptieA ef yeur e•;eAt. 4.Site Owner Permission; Insurance ¥au eeAfi FFR yeu have all Aeeessary peFFRits a A el peFFRissieA freFR the City, CeuAt'j aAElfeF etheF pFepeFty ewAer {"Site OwAeF") te preseAt aAElfeF use 71P/�IEP' ser.•iees aAel eeiuipFReAt atthe aelaress efyeur e•,•eAt, aAEI that all Site O11Aer reeiuireFReAts as te its use ha•,•e heeA FRet. 71P/NEP carries a $1 million per occurance/$2 million aggregate insurance policy with a $1 million Umbrella. Proof of Insurance can be added at no additional costs; a minimum $125.00 additional fee is required to have you or the Site Owner named as an Additional Insured. 1-f special laAguage er eeFtaiA feFFRS Aeeel te he p rev ielea, there will he aaelitieAal charges assesses. Please eeAtaet 71P/NEP te FRal1e this reeiuest at least 14 says pr ier te yeuF e•,•eAt 5.Site Requirements Your Invoice proposal and the Site Requirements Rider set out specific space, electrical and other site requirements for your event location. Please review the Invoice and Site Requirements Rider carefully and address any questions to 71P/NEP at least 21 days prior to your event. It is your responsibility to ensure that the site is adequate for 71P/NEPs equipment and services. For your guests' safety, the area should be level, free of dirt, rocks and any objects or debris which may interfere with the use of or cause damage to any Attraction equipment. Grass or cement is recommended; dirt, mud, gravel and beauty bark are not allowable surfaces. If, on the day of your event, the Invoice specifications are not met for a particular Attraction, 71P/NEP reserves the right, in its sole discretion, to refuse to set up or to suspend the operation of that Attraction, and no refund will be given. Parking & Unloading Customer must provide adequate parking for loading/unloading, including any costs, permits or passes, within 100 yards of the setup location. 6.Staffing & Supervision If staffing of your event is included in your contract, then 71P/NEP will perform all required setup of equipment, supervision of equipment during your event, and teardown of the equipment at the end of your event. National Event Pros reserves full discretion as to the number, age, height or weight of participant(s) in any equipment to maintain the safe use of the equipment. City will provide supplemental staff for the NEP Attractions at the Renton River Days event. NEP will provide all relevant training materials for City7 • Self Staffing staff assisting with the operation of the Attractions, and will provide a day- of informational walk-through of each Attraction for City staff. If yeu elect te he respeAsihle fer setup, super.·isieA, eperatieA aAel tearElewA ehhe .0.ttFaetieA eeiuipFReAt, yeu FRust prn•;iele yeur ewA paiel er veluAteer staff fer this ser.•ie e. The AUFRheF ef staff yeu FRust previae is listea iA yeur I Ave ice prepesal. These staff FRust he preseAt aAEI a•;ailahle upeA elelivery efyeur eeiuipFReAt a A el reFRaiA fer the full tear ElewA tiFRe fellewiAg yeur e•,•eAt. If aeleeiuate staff is Aet preseAt aAel a•;ailahle, yeu will either he ehargeEI at least $240 perAttraetieA fer 71PfMEP staff, er the eeiuipFReAt will he suspeAEl eel uAtil aeleeiuate staff is ilYatta9le, 8.GeneFal Release { lnElemnity { HelEI HaFmless ¥au agree te iAEle FRAify a A el hela 71Pf�IEP, its eFRpleye es aAEI ageAts harFRless freFR aAEI agaiAst all less, elaFRage, enpeAse, iAju� te er eleath ef perseAs aAEI less er elaFRage te prepert)•, iAelueliAg �latieAal E,eAt Pres' prepeFt) er the prepeFty efaAy �latieAal EveA t Pres perferFRer, iA aAy FRaRAer arisiAg eut ef use ef the AttraetieA eeiuipFReA t aAEI services pre•;iEl eel hy 71Pf�IEP a A el agree te pay all ElaFRages, easts, aAEI enpeAses, iAehieliAg atterAey's fees, arisiAg iA eeAAeetieA therewith. 1-tewe•,er, the iAEleFRAity ehligatieA shall Aet eiEteAel te elaiFRs a A el liabilities fer iAjufY er Eleath te perseAs er elaFRage te prepeFty resultiAg selely freFR 71PfMEPs' grass AegligeAee er 11illful FRiseeAeluet. 9.Gheiee ef bawJ ¥en1:1e1 MteFney's Fees These StaAElarel TerFRs & CeAElitieAs a Rel all prepesals, iA•;eiees a A el ether ferFRs useel hy �latieAal EveAt Pres shall he ge•;eFAeEI hy a A el eeAstrueel iA aeeerElaAee with the la1,s ef the State ef WashiAgteA; the paFties hereby eeAseAt te eiEereise ef eiEelusiYe veAue aAEI jurisElietieA fer aAy lawsuit relatiAg te this agreeFReAt shall he iA Ki Ag CeuAty, WashiAgteA. IA the e•;eAt aAy suit, aetieA er ether legal preeeeeliAg shall he iAstituteel te eleelare er eAfere e aAy right ereateel hy t hese StaAelarel TeFFRS Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 ..... -V00'-'1'-0VIO ... ..,, ._.,,, t"''..,t"'V ... W• ... , 110,,..,0._._.., ._.,,._. .., ... ,,.._, IVI 110 ... ._...,.._._. ..,, I ... / I�-· ... , aF--by reason of any breaeh oftheFeof, the pFe•,•ailing party shall be entitled to Feeo•,•er reasonable attorneys' fees as fineel by the trial eourt anel all appell ate eourts. 10.Cleaning/ COVID-19 All equipment delivered by 71P/NEP will be clean an "Rental Ready". All items will be disinfected by an Anti-Microbial Disinfectant. If Charged NEP Staff is on site, periodic wipe downs of high touch surfaces will take place. 71P/NEP will follow the guidelines of the CDC and local governments in regards to gatherings at events. 71P/NEP will NOT police events and enforce distancing / mask protocols. I Advertising, Photographs & Promotion The eustorner gi•;es their full eonsen t and perrnission to 71PfNEP, its loeal affiliates anel eantractoFs, their sponsors anElfeoFporate sponsors, thei r sueeessors, lieensees, anel assigns the irreyoeable right to use, fer any purpose whatsoever anel without eornpensation, any photographs, •;ieleetapes, audiot apes, or other FeeoFElings of peop le and actiYities that are rnaele during the eourse of this e•,•ent. In aElelition, 71Pf�U:P rnay show logos, earnrnereials, publie serviee announeernents and lirniteel aE1•1ertising on the seFeen befere or aker your ent ertainrnent period. I G&Rllilete AgreeR1eF1t This signed Agreernent eont ains the entire agreernent between the Lessor anel the Lessee. No arnenElrnent, wlletll er fforn previous OF subsequent negotiati ons between tile Lessee anel tile Lessor, sllall be Yaliel or enfereeable unless in writing anel sig n eel by all 13arties to tllis eontract. Tile invalidity or unenfereeability of any partieular p ro•,•ision ofthis l\greernent shall not affect tile other proyisions llereof. Custorner aehnowleElges tllat by rnahing payrnent andfor signing, tllat t llis Rental ,lligreernent is a legal and binding eontract. Ta eaneel or resehedule a rental, Sllffieient notiee Fnllst be giYen by Custorner in aeeoFElanee with tile terrns olltlineEI in this Rental AgFeernent and tllat Custorner rnay inrnr additional fees fer doing so. Any reseheduleel event is sueject to a•;ailability at tile tirne of eaneella tion or postponernent. Refunels a Fe not pFo•;ieleel fer rentals fFBrn �lational EYent P Fos. �lational EYent Pres rnay, at its sole eliseFetion, pFovide ereElits towaFEls future events fer weatheF Felated and otller ea neellations. 71 PRODUCTIONS/ NATIONAL EVENT PROS SITE REQUIREMENTS RIDER Please review these reRuirements carefullY. and address any_questions to National Event Pros at least 21 day.1.Rrior to Y.OUr event. I Site Requirements Your Contract and the Site Requirements Rider set out specific space, electrical and other site requirements for your event location. It is your responsibility to ensure that the site and area for Attractions are adequate for 71P/NEPs' Attraction equipment, including staging, height and run-up areas for the games. National Event Pros is not responsible for areas in which the Attraction equipment will not fit, or for any surfaces which may be worn or flattened by use of the equipment. For your guests' safety, the area should be level, free of rocks and any objects or debris which may interfere with the use of or cause damage to any Attraction equipment. Grass or cement is recommended; dirt, mud, gravel and beauty bark are not allowable surfaces. A)Electrical Requirements Electrical requirements for each Attraction are specified in your Invoice. 71P/NEP is not responsible for inadequate power supplied at your site. If adequate electrical service is not available, 71P/NEP may be able to provide a generator for an additional fee. No refunds will be given for Attraction equipment that is unusable because adequate power supply is not available or prearranged. For inflatable Attractions, electrical supply must be located within 70 feet of the inflation fan. Washington State regulations (WAC 296-403-240) prohibits the use of extension cords for inflatable Attractions. Please consult with your Site Owner regarding your event's specific electrical requirements so that adequate power is ensured. B)Space Requirements It is your responsibility to ensure the event area is adequate for the Attraction equipment dimensions. The area required for each piece of Attraction equipment is specified in the Invoice. Sufficient space and access must be available for all Attraction equipment. Barriers to load-in, involving stairs, elevators, difficult access to loading docks and narrow doors may cause delays with setup or prevent delivery, setup or use of our Attraction equipment. G) PerieFR'leFS It is youF Fesponsibility to JlFO';ide suit able set up anel elressing aFeas feF any PeFfeFrneFS, as in elieateel in youF eontract. FoF Faee PainteFS and Henna Artists s13eeifieally, tile elient will pFo•,ide .!!l Table and (;;!) ChaiFS Ji!eF P.eFfo FrneF. D)Inflatable Attractions An additional four-foot minimum perimeter must be allowed for any inflatable Attraction for user safety. Special attention should be paid to the surface area where the inflatable attraction will be placed to avoid damage to the Attraction. Electrical supply must be located within 70 feet of the inflation fan. Washington State regulations (WAC 296-403-240) prohibits the use of extension cords for inflatable Attractions. E)WateF AttFaEtiOAS Our wateF attractions Ela n ot eon t ain any wateF filt ra tion BF water deaning systern. It is yollr responsibility to rnaintain wateF deanliness. WateF sllould eorne fforn tile tap {i.e., Elrinl1ing water) OF otller tFeateel wateF souree. Ta pre•,•ent eantarnination, wateF sllould be elrained and Fefilled every feuF llouFS while the Attrae tion is in use. Water Attrae tions should never be lek unattended. Glient te pFe•Jide Hese Bi� ef at least 40 PSI within so Fee t ef the WateF MtFBetien, Any additional distanee beyond that the e lient will JJFO','iele any aElelitional neeessaFy hoses. F) SpFiAkleFS & \ten1:1e Safety Custorner is responsible fer ensllring that spFinlder systerns are t1Jrneel off in tile area wheFe our seFeens anel otller equiprnent will be set Ill). If sprinter systerns are ae tivateEI during your Fental and ouF equiprnent is suejeeted to wa ter frorn s13rinldeFS, you will be ellarged a $�QQ deaning fee. If any equiprnent is darnageEI by water fF orn SJlFinldeF systerns, then eustorneF is Fesponsible feF paying repaiF or re13laeernent easts fer Elarnageel equiprnent. Custorner is responsible fer pro•,<iding a safe Yenue fer our equiprnent and our teehnieian. We reserye the right to not set Ill) our equiprnent in any en••ironrnent our teellnieian eleerns to be unsafe. This inelueles but is not lirniteEI to faetoFS s1Jeh as rain, threat of rain, rnuEI, win el, eiEtrerne tern13eratuFes, uneven terrain, unsafe struet1Jres, uneontrolleel erowEls, ete. 71PfNEP does not issue FefllnEls and no Feselleduled Fental will be pFo••ideEI feF eaneellations ea used by unsafe conditions. Weather related eaneellations are eovered in tile 'Neatller Poliey of this rental agFeernent. Docusign Envelope ID: 515F7F73-5936-4230-9616-C040400409F1 . . . . . ..... -. ---.... _,, __ , ___ ,,_ ... - ·-· ,,,_ -· . ..,_ .... -·--, ... -___ ,, __ , _ . -· ... s and any add1t1enal attaehed dee11ments 1dent1fied he Fein and agFee te lie lle11nd lly them, I fllFtheF .vaFrant and FepFesent that I am eitheF the elient named alle11e eF a11theFil!ed te aet en the elient's beh alf as theiF agent, £igAattwe 9ate Name