HomeMy WebLinkAboutContractAGREEMENT FOR FUNFLICKS FOR NEIGHBORHOOD MOVIE
NIGHTS
THIS AGREEMENT, datedfor reference purposes only asApril 7, 2026, is by and between the City
of Renton (the “City”), a Washington municipal corporation, and Western Washington
Entertainment, LLC d/b/a FunFlicks (“Vendor”), a Washington limited liability company. The City
and the Vendorare 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.
ϭ͘Scope of Work: Vendor agrees to provide outdoor movie screen with and without a
generator, popcorn machine rentals, and services associated with the operation of both
those activities as specified in Exhibit A, which is attached and incorporated herein and
may hereinafter be referred to as the “Work.”
Ϯ͘Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to theWork 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
equitablyadjusted consistent with the rates set forth inExhibitA or as otherwise mutually
agreed by the Parties.
ϯ͘Time of Performance: Vendor 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
December 31, 202ϲ.
ϰ͘Compensation:
͘Amount. Total compensation to Vendor for Work provided pursuant to this
Agreement shall not exceed $24,000, 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. This Agreement
does not guarantee anydollar amount of work beyond that specified in Exhibit A. The
Vendor 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. Exceptas specifically providedherein, theVendorshall be solelyresponsible
for payment of any taxes imposed as a result of the performance and payment of this
Agreement.
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B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Vendor 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
such personnel. The Vendor 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 Vendor’s performance does not meet the requirements of this
Agreement, the Vendor 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 Vendor for failure of the Vendor to
perform the Work or for any breach of this Agreement by the Vendor.
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:
A. 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 Vendor in writing. In the event of
inclement weather or other adverse environmental conditions that the City
determines, in its discretion, warrant or require that the event be canceled or
rescheduled, the City will notify Vendor of the cancellation as soon as reasonably
possible. Vendor agrees to monitor conditions and notify the City of potential
weather-related issues and safety concerns..
B. In the event this Agreement is terminated by the City, the Vendor shall be entitled to
payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the Cityafter partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Vendor an equitable share of the fixed fee and shall promptly return all rented items,
if any, to Vendor. Prepayment, if any, from the City to vendor shall be refunded less
payment for services and labor provided to the effective date of termination.
Payment for labor and services under this provision shall be conditioned upon receipt
of an invoice or voucher as described in Section 4 above. This provision shall not
prevent the City from seeking any legal remedies it may have for the violation or
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nonperformance of any of the provisions of this Agreement and such charges due to
the City shall be deducted from the final payment due the Vendor. No payment shall
be made by the City for any expenses incurred or work done following the effective
date of termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Vendor represents and warrants that
Vendor 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, Bridgeand Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Vendor 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 Vendor and free from any intellectual property encumbrance which would restrict
the City from using the work product.Vendorgrants 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 liability to the Vendor. The provisions of this section shall
survive the expiration or termination of this Agreement.
7. Record Maintenance: The Vendor 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 sixyears after the
termination of this Agreement. The Vendor 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, Vendorshall make a due diligent search of
all records in its possession or controlrelating 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 Vendor
believes said records need to be protected from disclosure, it may, at Vendor’s own
expense, seek judicial protection. Vendor 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 Vendor has responsive records and for which
Vendor has withheld records or information contained therein, or not provided them to
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the City in a timely manner. Vendor 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 Vendor 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 Vendor and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Vendor, 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
Vendor 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. Vendor shall
retain the right to designate the means of performing the Work covered by this
agreement, and the Vendor 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 Vendor is to be paid by it 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 Vendor or
any employee of the Vendor.
C. If the Vendor is a sole proprietorship or if this Agreement is with an individual, the
Vendoragrees to notify the City and complete any required form if the Vendorretired
under a State of Washington retirement system and agrees to indemnify any losses
the City may sustain through the Vendor’s failure to do so.
10. Hold Harmless: The Vendor 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 Vendor in its performance of this Agreement or a breach
of this Agreement by Vendor, 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
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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
Vendor and the City, its officers, officials, employees and volunteers, Vendor’s liability
shall be only to the extent of Vendor’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Vendor’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 Vendor shall not give a gift of any kind to
City employees or officials. Vendor also confirms that Vendor 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 Vendor, negotiating or administering this Agreement, or
evaluating the Vendor’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Vendor 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-business/register-my-business
13. Insurance: Vendor 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.
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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 Vendor’s vehicles on the City’s Premises by or on behalf
of the City, beyond normal commutes.
E. Vendorshall 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 Vendor liability, nor shall the maintenance of any
insurance required by this Agreement be construed to limit the liability of Vendor to
the coverage provided by such insurance or otherwise limit the City’s recourse to any
remedy available at law or in equity.
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. Vendor shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Vendor is not responsible for delays caused by factors beyond the Vendor’s
reasonable control. When such delays beyond the Vendor’s reasonablecontroloccur, the
City agrees the Vendor is not responsible for damages, nor shall the Vendor be deemed
to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Vendor 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 VENDOR
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Rhemy King
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6548
rking@rentonwa.gov
Cody Geddes
2825 Milton Way #403
Milton, WA 98357
Phone: 253-617-7788
cody@funflicks.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Vendor agrees as follows:
A. Vendor, and Vendor’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
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Vendor 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 Vendor 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 Vendoris 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 Vendor.
B. Vendor will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
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C. Vendor 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 Vendor to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Vendoremploys, 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 Vendoris free to provide his/her Workto other
entities, so long as there is no interruption or interference with the provision of Work
called for in this Agreement.
F. Vendor is responsible for his/her own insurance, including, but not limited to health
insurance.
G. Vendor is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Vendor.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Vendor represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Vendor.
B. General Administration and Management. The City’s project manager is Rhemy King.
In providing Work, Vendor 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 Vendor 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 Vendor 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. Vendor and all of the Vendor’s employees shall perform the Work in
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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. Vendor
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Vendor is a foreign corporation not registered with the State of
Washington.
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 Vendor’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 Vendorfrom enforcing that provision or any other provision
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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.
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:_____________________________
VENDOR
By:____________________________
Maryjane VanCleave
Parks and Recreation Administrator
Cody Geddes, Member
Western Washington Entertainment, LLC
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
Blythe Phillips
Assistant City Attorney
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Approved by Blythe Phillips via email 5/27/2026
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EXHIBIT A
PRICING SCHEDULE 2026-2027
This Exhibit A outlines the pricing for outdoor movie event services provided by FunFlicks to the
City of Renton.
Outdoor Movie Screen Options
40-Foot Movie Screen
x $2,600 – Screen rental without generator
x $2,900 – Screen rental with generator
21-Foot Movie Screen
x $800 – Screen rental without generator
x $1,000 – Screen rental with generator
Popcorn (Optional Add-On)
Popcorn Service
x $200 per 100 servings
x Commercial popcorn machine
x All popcorn supplies
x On-site staffing for operation and service
Additional Notes
x Pricing includes staffing for the movies and/or popcorn.
x Pricing includes screen setup and breakdown.
x Generator pricing applies when on-site power is not available.
x Optional popcorn must be requested in advance and are subject to availability.
x Any additional services or requirements not listed in this Exhibit may be subject to
separate fees and mutual agreement.
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SCHEDULED EVENTS
Date Location Movie
Start Time
Screen
Size
Movie Title Popcorn Total
Amount
June 17,
2026
Maplewood
Park
8pm
40-Foot
Movie
Screen
TBD N/A $2,900
July 10,
2026*
Earlington
Park
8pm
40-Foot
Movie
Screen
TBD N/A $2,900
July 31,
2026*
Philip Arnold
Park
8pm
40-Foot
Movie
Screen
TBD N/A $2,900
August 7,
2026
Tiffany Park 8pm
40-Foot
Movie
Screen
TBD N/A $2,900
September
11, 2026*
Jones Park 7pm
40-Foot
Movie
Screen
TBD N/A $2,900
* movie date/location is tentative
Vendor will arrive 1.5 hours prior to movie start time.
Equipment will be removed from the site immediately after the conclusion of the movie.
Additional events will be specified and mutually be agreed by the parties by amendment to this
Agreement.
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