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Home My WebLink AboutAG 23-091 - MARK MYKING - ZYDECO LOWDOWNRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 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 It OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Mark Myking - zydeco Lowdown ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Mark Mykinc TITLE Leader 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK OR SERVICES ® 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 $1,500.00 (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 ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT} (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ' j El PURCHASING: PURCHASING: PLEASE CHARGE TO: i Q�—`�"f�` 9 q10 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW a2 3-3 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.) � I ITIAL / DAT SIGNED SLAW DEPARTMENT !Ka " ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK 3 ❑ ASSIGNED AG# AG# COMMENTS: Can you please assign this an AG #? 212017 "acific Rim Talent t n;n K••l:r r mzta, r. r✓�rL _ 17rPn u_r,nnc: Zydeco City of �— e•Jerai Way 21 1)atcfs) of P:ncagemenl: es�av - J:a.v 1 =0=3 fiarlinc fi finishin!= times of .00pm to 5 30om cn a-ernent: 3) Vocation of Celebration Park ■venue Phone Engagement 11095 South 324th Street 253-720-r362 Vnierl:eney Phone Federal Way. WA 98003 Cody Geddes Cunuct Person 4) Job Description: Annual Red, White, P. Blues Celebration -1 •.nII1 -troll nsc tarn bit erfnn rr..cervm re ru er =rA P-ainesal the r•1at:lEr9icird lutlilim_xfl ntrn:rrnm-nrrr rF to on 5) Contract Price: $1,500.00 a. Lrnt a:.rth[raiu •.rxtiru eel, r,vttr�-t , cr, steal] mdodeaenrr rommr•nun G) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Mark L. Myking Tax -7•�282 Number: 7) Artist(s) - Independent contractor: • a. Pursuant toparagmph 3, omsl shall airsa) s lute romplete supr:Msion, direction, and control over the services of his personnel on this er gagement and expresshreserves the right to eontml the manner, inCms and details of the performance of services to fulfill the enlenainmmt regmrumaus. b. The artist executes this agreement as an independent contractor. not as an employee of the purchaser Responsibility for appropriate payments of pa} roll taxes and charges under applicable federal and local la%, will be assumed by Artist. S) Agent Provisions: a. The emtrrarring agent is acknotttedged to linve 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 agent's commissions shall be made without the w-nnen approval of the agent. b. IfAriist(s) is re booked into this or any establishment represented by the purchaser (including chain bu,ers of music) within 395 days from the termination ofthis agrectnent, purchaser and leader shall bejoinily and severally Iirr Ne for payment to Pacific Rim Talent for commission in the rate set forth in this engagement. c. Theperientageofenmmissionsincluded inthe gross price ofIII ismeag mends 15% from act to PRT d. Comraissma shall be held in trust by leader as fiduciary and fomuded to agent syrdnn three (3) days of receipi, or 1) agent has the auilicim to cancel the follo%ving erypgemrnl, or2) as the reiptesi ofagenr, presmtpurchaserisapthotued toMftold fmto Icadetan% commtssions due pacific Rim Talent. Delinquent commission shall accrete intcr_r at 1 i % per month, and if Iiligalion is nr_cessary for coil ectirin. deblor shall pay anomey's fees 9) Cancellation / Dispute: This contract can nor be canceled except by mutual, n'rilten consent of both purchaser ard leader of the Musicians as an .Artistic Group. All disputes are to be LrsI negotiated through the agency, lien, if not resolved, e•iII be referred to a court of last• in Seattle, WA, The prevailing partshall have all attomey's fees and court costs paid for by the aoa-prevailing put,). 10) Speriai Provisions Purchaser provides production. The retarding. repreducrian. or transnnsstop afelrlsst s perfnmrunce Is pra1111rilcd absent written consull of anisl. Commeocemeal of engagement together r•Ith phy3lical delivery of this contract Is deemed to be a verification of tt reernenl and aere tin:ce of all term.; by Ile lilrrhaser. 41 `I J: Cody Geddes •M City of Federal Way 33530 Vt Way South Federal Way, WA 98003-6221 253-835-6920 Phone Cody geddes@cilyuffederalway.com Rcsponsiblel Ageni Mark Myking Zydeco Lowdown PO BOX 6254 Edmonds, WA 98026 (425) 489-7900 Craig Cooke acific Rim l PO Box 6254 Phone. Talent Edmonds, WA 980213 Engagement Ildp'� 1) Agreement made January 27, 2023 Between: on Ar1131 Representative: Mark Myking And Purchaser. Cody Geddes Representing: Bavou Envie Representing: City Of Federal Way 2) Dale(s) of Engagement: Wednesday - July 26, 2023 Starting & finishing times of 6:30 PM — 8:00 PM engagement: 3) Location of steel Lake Park Cassie Swan aenuc Phone (253)797-4106 Engagement .2410 South 312t' ST Federal Way. WA 98003 Phone 05olacl Person 4) Job Description: Summer Concert Series A..:ruu shxtl use their hcsn elFnn lotmfomt to Nlas nrd ptAlcfrs s:l re eu>Just:rnrin halo .y an inter tam.:an rciunen:r_rn 5) Contract Price: $1000.00 a: lraless othansise nilnl, monrace xchxll include aeml's commissioa 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Mark L. Myking Tax Number: 53 1-72-9.282 7) Artist(s) - Independent contractor: a. Pursuant to paragraph 3, artist shall always have complele 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 requiremems b. The artist exectrtes this agreement u an independent contractor, nol as ao employee of 1he purchaser. Responsibility for appropriale payments of payroll 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 agent's commissions shall be made without the wniom approval of the agent. b. IfArtisl(s) is re booked into this or any establishment represented by the purchaser(including chain buyers ofmusic) within 395 days from lheterrninetion of this agreement, purchaser and Leader shall be joindy end severally liable for payment to Pacific Rim Talent for commission in the rate set forth in this engagement c. Tbe pmentage ofcommissions included in the grcss price of this agagement is 15% from Artist to Pacific Rim Talent it. Commission shall be held in oust by leader as fiduciary end fonsarded to agent Within nlucc 01 days al les:cap4 or 1) agent I.0 unc au theosa to eencel the following mjpgsYarat, m2) at the mcemc i of ageo r, preim t purchaser is authmietd to withhold from JeA.S rmy commissions due Pacific Rim Talent. Delinquent commission shall -'etXlle jmerrst at 1 112 % per month, and if hfigsfion is necessary lar cull rction, debtor shall pay a5omcy's fees. 9) Cancellation / Dispute: This cutimet ca 110 be rucdhl exCeftr by rnsu uaJ, Rztnm Consent of botb put Chaser and Iradet of the tdsssicians las an Arosfrc Group All dhpulc are to be fMOctouared through the agency, thin, if m resolved, w-IJI I> rclnrrd to a mu" of law• in Srenlc.lVA.Tbc p7 mOlog gam' :hail h:vc all nrremcy's fees and min [ocs did fcr by Ihe. mrn• res-sllin 10) Special Provisions Slack Clog provides sound system for contorts Contact Ron Giard — Black Dog Sound @ ,(206)T93-5000 The recording, reproduction, or tlJin:anasmn ofAtd sis perfomlmre is ptoh!8hed abxnl lvn no consent of artlsl. Commencement of engagement together vvilh physical dethery of this contract Is deemed to be a verification of an oral Cody Geddes Mark Myking City of federal Vylay ._ _ 0?tYa+l Enyie =d�ila.. rflc2f:?f)Es<).C+r+ Pacific Rim 7alen# 876 Sotlth 333r' ST Federal Way, WA 98003-6221 P.O. Box 6254 Edmonds, WA 98026 253-835-6920 Phone (425) 489-7900 Cody,gedt_!es@cityoffederalway.com Responsible Agent page I of I A