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Home My WebLink AboutAG 23-042 - JEFF KATHAN - SPIKE & THE IMPALERSRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FwCC 2. ORIGINATING STAFF PERSON: Trisha Piucknett EXT: fi921 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ® OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Jeff Kathan - Spike & the impaiers ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Jeff Katha TITLE Leader 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: July 11, 2023 9. TOTAL COMPENSATION $ 6,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES N NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES IDNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETA NAA�GE�AGREEMENT (SEEjE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED �7 ❑ PURCHASING: PLEASE CHARGE TO: `]� — !l" ;1��IC 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER Cs 02/17/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) V,<Aw 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIGNED RKAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: Can you please assign this an AG #? 2/2017 Pacific Rim PO Box 250 Phone: (425) 489-7900 Independent Contractor Talent Bothell, WA 98041 Fax: (425) 482-9509 Engagement 1) Agreement made on January 30, 2023 Between: Artist Representative: Jeff Kathan And Purchaser: John Hutton Representing: Spike & the Impalers Representing: City of Federal Way 2) Date(s) of Engagement: Tuesday - July 4, 2023 Startinp & finishing times of engagement: 9:00 PM —10:00 PM 3) Location of Celebration Park scene Phone Engagement 1095 South 324th Street Federal Way, WA 98003 253-720-6362 Emergency Phone Cody Geddes Contact Person 4) Job Description: Annual Celebration a. Attisi shall wn, their brst effort I can form to rules and polIcies of thr cmAlkhinrnt €ulfliling all entertainment requirenimts. _ 5) Contract Price: - $6,000.00 & Unless tn3terwase specified, cumnia price shall include apLnWs commission 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Spike & the ImpaLers Tax Number: 7) Artist(s) - Independent contractor: a. Pursuant to paragraph 3, artist shall always have complete supervision, direction and control over the services of his personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements. b. The artist executes this agreement as an independent contractor, not as an employee of the purchaser. Responsibility for appropriate payments ofpayroll taxes and charges under applicable federal and local law will be assumed by Artist 8) Agent Provisions: a. The contracting agent is acknowledged to have fully performed upon the commencement of this engagement. He shall not be liable for the default of a purchaser or the non-performance of the group. No changes in the contract affecting agents commissions shall be made without the written approval of the agent. b. If Artist(s) is re booked into this or any establishment represented by the purchaser (including chain buyers of music) within 395 days from the termination of this agreement, purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent for commission in the rate set forth in this engagement c. The percentage of commissions included in the gross price of this engagement is 10% from artist to PRT d. Commission shall be held in trust by leader as fiduciary and forwarded to agent within three (3) days of receipt, or 1) agent has the authority to cancel the following engagement, or 2) at the request of agent, present purchaser is authorized to withhold from leader any commissions due Pacific Rim Talent. Delinquent commission shall accrue interest at 1 1/2% per month, and if litigation is necessary for collection, attorneys fees shall be paid by debtor. 9) Cancellation / Dispute: This contract cannot be canceled except by mutual, written consent of both purchaser and leader of the Musicians as an Artistic Group. All disputes are to be first negotiated through the agency, then, if not resolved, will be referred to a court of law in Seattle, WA. The prevailing party shall have all attorney's fees and court costs paid for by the non -prevailing party. 10) Special Provisions Purchaser provides production. Band provides backline. The recording, reproduction, or transmission of Artists performance is prohibited absent written consent of artist. Commencement of engagement together with physical delivery or this contract is deemed t e a verification of an oral agreement and acceptance of afl terms by thepurchaser. 7 A"Ow II '. Writ, of Purchaser s- azure of i.eader CJohn Hutton ity of Federal Way 33530 151 Way South _Federal Way, WA 98003-6221 253-835-6920 Phone John.hutton@cityoffederalway.com Responsible Agent t % V Jeff Kathan _ Spike & the Impalers PO BOX 250 Bothell, WA 98041 (425) 489-7900 Craig Cooke