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AG 23-092 - RON GIARD - BLACK DOG SOUNDRETURN 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 ® OTHER Independent Contractor Engagement Agreement 5. PROJECT NAME: Pacific Rim Talent 6. NAME OF CONTRACTOR: Ron Giard -Black Dog Sound ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Ron Giard TITLE Leader 7. EXHIBITS AND ATTACHMENTS: N 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: December 31, 2023 9. TOTAL COMPENSATION $ 500.00 per date + $200,00 extra for Kids Day (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 ONO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) ORS�❑^^RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 1 1 '3"� / ' Al r (5 ->`7 �7� �t�—qjq 10. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR ❑ RI MANAGEMENT (IF APPLICABLE) .AW 11. COUNCILAPPROVAL (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 SIGNED L r AW DEPARTMENT Qkwo 2- 2_4T" ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK f fj ❑ ASSIGNED AG# AG# 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 _1) Agreement made on _ January 8, 2023 _ Between: Artist Representative: Ron Giard And Purchaser: Cody Geddes Representing: Black DogSound Representing: City of Federal Way 2) Date(s) of Engagement: Wednesdays - July 12, 19, 26, & August 2, & 9, 2023 Friday July 28, 2023 ($500 unless Theatre group has excessive needs) Starting& finishing times of enga ement: 6:30 PM — 8'00 PM (August 3 Kids Pay is 11:OOAM to 3'00PM 3) Location of Steel Lake Park TCassie Swan venue phone Engagement 12410 South 3121h ST Federal Way, WA 98003 4) Job Description: Summer Concert Series a. Artist shall use their best clfort to conLe to rules and politics of the estabinhmcm fulrillmt nil entertainment requirements. 5) Contract Price: $500.00 per date + $200 extra for Kids Day a, Unless oth0nvrse mecirred. contract once shall include uecni's commission. Emergency Phone Contact Person 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER Payable to: Ron Giard 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 of payroll taxes and characs under applicable federal and local law will be assutned 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 ofa. 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 agenL b 117ATtist(s) is re booked into this or any establishmcot represented by the pinvhaser (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 tc Pacific Rim Talent for commission in the rate set forth in this enpgcmenL c The percentagb ofcoctmissions included in the gross price ofthis engagement is _ 10% from act to Paciflc Rim Talent_ d Commission shall be held intrust 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 TalenL Delinquent commission shall acme interest at 1 1/2% EEmonth- and if lint ntitm is gates for collection, debtor shall pay attorneys fees _ 9) Cancellation / Dispute: T This contract cannot be canceled except by mutual, written consent of both purchaser and leader of the Musimarts as an Artistic Group All disputes are to be fast 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 aco-prevailing party. 10) Special Provisions Black Dog provides sound system for concerts Contact Ron Giard — Black Dog Sound @ (206)793-5000 The wording, 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 agreement and acceptance of all terms by the purchaser. Cddy Geddes City of Federal Way 876 South 333f° ST Federal Way, WA 98003-6221 253-835-6920 9-3 Signature of Leader` Ron Giard Black Dog Sound Pacific Rim Talent P.O. Box 6254 Edmonds WA 98026 Phone (425) 489-7900 Cody.geddes@cityoffederalway.com Responsible Agent