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AG 23-095 - SHAWN LEWIS - BEAT FREQUENCYRETURN 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 L 1 OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Shawn Lewis - Beat Frequency ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: Shawn TITLE Leader 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK OR SERVICES 9 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 26, 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 ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑i RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: Al�j ~ICZ10~ 10. DOCUMENT/CONTRACT REVIEW INITIAL I DATE REVI:EWE❑ INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) l&W J 2 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 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.) INITIAL / DATE SIGN ❑ ZAW DEPARTMENT f� Q ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK 90 7, ❑ ASSIGNED AG# AG# COMMENTS: Can you please assign this an AG #? 2/2017 Independent Pacific Rim PO Box 6254 Phone: (425) 489-7900 Contractor Talent Edmonds, WA 98026 Engagement 1) Agreement made on January 27, 2023 Between: Artist Representative: Shawn Lewis And Purchaser: — Cody Geddes Representing: Beat Frequency Representing: City of Federal W 2) Date(s) of Engagement: Wednesday - July 19, 2023 Startino & tinichinp times of engagement: 6:30 PM — 8:00 PM 3) Location of Steel Lake Park Cassie Swan Venue Phone 253 797-4106 Engagement 2410 South 312th ST Emergency Federal Way. WA 98003 Phone Contact Person 4) Job Description: Summer Concert Series a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements. 5) Contract Price: $1500.00 a: Unless otherwise specified, contract price shall in(ludc igcm's commission. 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Shawn Lewis Tax Number: 537-17-8749 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 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 for commission in the rate set forth in this engagement. c. The percentage ofcommissions included in the gross price ofthis engagement is 15% from Artist to Pacific Rim Talent Commission shall be held in trust by leader as fiduciary and forwarded to agent within three (3) days ofrcceipt, 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 motitif; and if litigation is necessary for collection, debtor shall pay attomey'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 -prevailing party. 10) Special Provisions Black Dog provides sound system for concerts Contact Ron Glard -- Black Doa Sound 0 (206)793-5000 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. Signaty(c of Purchaser Cody Geddes City of Federal Way 876 South 333rd ST Federal Way, WA 98003-6221 253-835-6920 Phone Cod eddes cit offederalwa .com Responsible Agent ,,,,2 — — - 1/30/2023 Signature of Leader Shawn Lewis Beat Frequency Pacific Rim Talent P.O. Box 6254 Edmonds, WA 98026 (425) 489-7900