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AG 23-039 - ALEX ZERBE - THE ZANIACRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. 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.O. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Alex zerbe - The zaniac ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: Alex Zerbe TITLE Leader 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK OR SERVICES N 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: August 16, 2023 9. TOTAL COMPENSATION $1,200.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ENO 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: Mj 7 —?r2 4— 73 JfJ 'TljV _ 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR D RISK MANAGEMENT (IF APPLICABLE) +/LAW 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 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 C LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# Q COMMENTS: Can you please assign this an AG #? 2/2017 Pacific Rim PO Box 6254 Phone: (425) 489-7900 Independent Contractor Talent Edmonds, WA 98026 Engagement I) Agreement made on January 28, 2023 Between: Artist Representative: Alex Zerbe And Purchaser: Codv Geddes Representing: Alex Zerbe-The Zaniac Representing: City of Federal Way 2) Date(s) of Engagement: Wednesday — August 9, 2022 KIDS DAY 5inrtino & Imishino times of enoat_remeni: 12:30PM to 1:OOPM & 1:30PM to 2:OOPM 3) Location of Steel Lake Park Cassie Swan Venue Phone 253 797-4106 Engagement 2410 South 31211 ST Emergency Federal Way, WA 98003 Phone Contact Person 4) Job Description: Summer Concert Series u Art:stshalI use then best effort In conform to rules and palicies of the establishment ilulfi!ILng all entertairancnI tuclurrcmcnts 5) Contract Price: $1, 200.00 A LnlMs uthurtt'r se 50eei151 ed, C1I ni r act nm:c shall me ludo apenl's Comm imi on. 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Parable to: Alex Zerbe Entertainment Ta-x Number: 47-4060842 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. meant 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 anPlicahle federal and local Jaw will be assumed by Artist. 8) Agent Provisions: a The contracting agent is acknowledged to have fully performed upon the commencement of this engagement- lie 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 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 fur cummissiun in the rate set forth In this engagement c The percentage of commissions included in the gross price of this engagement is 15% from act to Pacific Rim Talent d. Commission shall be held intrust by leader as fiduciary and forwarded to agent within three (3) days of receipt, or]) agent has the authority to cancel the following engagement, or ?) 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 F2 % gcr month, and if litigation is ncccaaury for collection, dcbtui 311diliPaV ettoincy''s fees- 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-pFVV;z:Irnp ram, 10) Special Provisions Park provides sound system. Contact Ron Giard — Black Dog Sound @ (206)793- 5000 The recording, reproduction, or transmission of Artist's performance is prohibited absent written consent of artist II Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral n-gr-c.rnent and n,.cpt w.r of all serum L) lLe piuifnl rr. M Stgnatwdof llmhww Cody Geddes City of Federal Wav 876 South 333rd ST Federal Way, WA 98003-6221 253-835-6920 Phone Cody.geddes@cityoffederalway.com Responsible Agent Alex Zerbe Alex Zerbe-The Zaniac Pacific Rim Talent P.O. Box 6254 Edmonds, WA 98026 425 489-7900