HomeMy WebLinkAboutContractAGREEMENT FOR PHOTO BOOTH SERVICES AT 2026 DRAGON’S
LANDING CELEBRATION
THIS AGREEMENT, dated for reference purposes only as April 9, 2026, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and Ted Warner
Photography, LLC (“Consultant”), a limited liability company. 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 an interactive, all-ages “photo booth”
with props for staged photo; Consultant will not charge patrons, and will provide an
internet link forpatrons to access and download photos; if Consultant intends to use
photos for commercial or advertising purposes he will obtain written permission of
the subjects in advance.Service may hereinafter be referred to as the “Work.”
2. Time of Performance:Consultant shall comply with City representative for specific
location within the Dragon’s Landing footprint, and shall provide the service on
Sunday April 12, 2026 commencing at 10:00 am through 5:00 pm. Consultant shall
vacate the area not later than 6:00 pm.
3. Compensation:
A. Amount.Total compensation to Consultant for Workprovided pursuant to this
Agreement shall not exceed $350.00, plus any applicable state and local
sales taxes.
B. Payment. Compensation shall be paid April 12, 2026, if this Entertainment
Agreement has been fully executed; ifa 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; any required Certificate of Insurance is timely provided; 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 all requirements of this Entertainment Agreement. 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.
4. Independent ContractorRelationship:
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
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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 alone, and that employing such workers, it is
acting individually and not as an agent for the City.
5. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold the
City of Renton (RENTON) and its elected or appointed officials, agents, employees,
and volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, (including but not limited to
attorneys’ fees and court costs) brought against RENTON arising out of, or in
connection with, or incident to, the participation of the VENDOR or its agents,
employees, officers, or volunteers at the RENTON DRAGON’S LANDING
CELEBRATION (“RDLC”). If such claims are caused by or result from the concurrent
negligence of RENTON, its elected or appointed officials, agents, employees, and
volunteers, this indemnity provision shall be valid and enforceable only to the extent
of the misconduct or negligence of the VENDOR; and provided further, that nothing
herein shall require the VENDOR to hold harmless or defend RENTON, its elected or
appointed officials, agents, employees, and volunteersfor damages or loss caused
by RENTON’S sole negligence. The VENDOR expressly agrees that the
indemnification provided herein constitutes its waiver of immunity under Title 51
R.C.W., for the purposes of this Indemnification and RENTON DRAGON’S LANDING
CELEBRATION participation if the VENDOR is any type of business entity, whether
for profit or not for profit. RENTON’s insurance requirements do not imply advice on
insurance coverage. VENDORisresponsible for itsown insurance coverage in limits
that are adequate for liability protection. VENDOR is not an employee, agent,
representative or volunteer of RENTON or RFM based on their RENTON DRAGON’S
LANDING CELEBRATION participation. As an independent contractor, VENDOR is
not entitled to compensation, workers’ compensation, insurance or benefits from
RENTON or RDLC.
6. PHOTO/VIDEO RELEASE: As a condition of my RENTON DRAGON’S LANDING
CELEBRATIONparticipation, I, on behalf of myself and any representatives or agents
of the undersigned VENDOR, give permission to have photos/video tapes taken
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without compensation, during City of Renton or RDLC activities and used for
publicity purposes in any manner by RENTON orRDLC.
7. 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 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.
8. 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
Workand 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-business/register-my-business
9. Insurance: Consultant shall secure and maintainliability insurance coverage in
the minimum amount of $1,000,000.00 per occurrence, with the City of Renton
named as an Additional Insured on a primary, non-contributory basis, is required,
and the Certificate of Insurance (“COI”) should be emailed to arts@rentonwa.gov
not later than 4:00 pm on April 10, 2026. Late submission of the COI may result in
termination of this Agreement. The City of Renton does not represent that any
required minimum insurance is adequate to protect Vendor from financial liability
created by Vendor’s acts or omissions.
10. 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 CONSULTANT
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Jessie Kotarski
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7271
jkptarski@rentonwa.gov
Ted Warner
20019 324th Ave NE
Duvall, WA 98019
Phone: (425) 472-9292
E-mail Address:
ted@tedwarnerphotography.com
11. Miscellaneous:The parties hereby acknowledge:
A. Consultant shall furnish all tools and/or materials necessary to perform theWork
except to the extent specifically agreed within the attached exhibits.
B. 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.
12. Other Provisions:
A. General Administration and Management. The City’s project manager is Jessie
Kotarski, Economic Development Manager. In providing Work, Consultant shall
coordinate with the City’s contract manager or his/her designee.
B. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C. 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
Workin accordance with all applicable federal, state, county and city laws, codes
and ordinances.
D. 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.
E. 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.
Approved by Patrice Kent via email 4/9/2026