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AG 23-041 - RON GATTY - BRICKHOUSE/ MR. PINKRETURN 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 0 OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Ron Getty - Brickhouse/Mr. Pink ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: EQn GattyTITLE Leader 7. EXHIBITS AND ATTACHMENTS: © SCOPE, WORK OR SERVICES It 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 $ 3,500.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES DNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: �JQ� r �� yelr� 10 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) e'f,Aw 3 'l3 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 REMINDER/NOTIFICATION FOR 1 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.) J INITIAL / DATE SIGNED 19r AW DEPARTMENT �f4, 7 12 rl.3 ❑ SIGNATORY (MAYOR OR DIRECTOR) J ❑ CITY CLERK ❑ ASSIGNED AG# AG# �� I COMMENTS: Can you please assign this an AG #? 2/2017 Pacific Rim PO Box250 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: Ron Gatty And Purchaser: John Hutton Representing: Brickhouse/Mr. Pink Representing: City of Federal Way 2) Date(s) of Engagement: Tuesday - July 4, 2023 Starting & finishing times of engagement: Mr. Pink 6pm to 7pm/Brickhouse 7:30pm to 8:30pm 3) Location of Celebration Park Venue Phone Engagement 1095 South 324th Street 253-720-6362 Emergency Federal Way, WA 98003 Phone Cody Geddes Contact Person 4) Job Description: Annual Celebration a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment 5) Contract Price: $3,500.00 a: Unless otherwise specified, contract price shall include agent's commission. 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Interesting Days, Inc. Tax Number: 91-2072154 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 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 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 ofthis 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 1 112% per s... . , 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 arc 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 Artist's performance is prohibited absent written consent of artist. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral agreement and acceptance of all terms by the purchaser. gun of Purchaser John Hutton City of Federal Way 33530 1 st Way South Federal Way, WA 98003-6221 Ron Gatty Signature of Leader Ron Gatty Mr. Pink/Brickhouse PO BOX 250 Bothell, WA 98041 253-835-6920 Phone (425) 489-7900 John.hutton@cityoffederalway.com Responsible Agent Craig Cooke