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AG 23-093 - 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 Piucknett 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 A 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: SIGNATURE NAME: Rion Giardj TITLE Leader 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK OR SERVICES A 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 $ 5s00.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES P NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEECONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO:L 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER CS 02/17/23 ❑ DIRECTOR ❑-- RRJ]SKMANAGEMENT (IF APPLICABLE) t,.AW d i7 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.) I TIAL/ DATE SIGNED SAW DEPARTMENT I w ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG Q? 3 09 - _ COMMENTS: Can you please assign this an AG #? 2/20 1 7 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 Dog Sound Representing: City of Federal Way 2) Date(s) of Engagement: Tuesday - July 4, 2023 ¢+xirt311 .e, feniclrino, times of enVagrement: 4:00 PM —11:00 PM 3), Location of Celebration Park Venue Phone Engagement 1095 South 324th Street Federal Way, WA 98003 253-720-6362 Emergency Phone Contact Person Cody Geddes 4) Job Description: Annual Red, White, & blues C:eleoratlon A. Artist shall use their best cffon to wnform to sales and polieLcs.Of the cslab lislwtcnl fulfrlhrlg all entenarnnrcnt rogLnemcnis. 5) Contract Price: $5.500.00 a: Unless otherwise specified, contract price shall irOtide agent's commission 0Pttrn rr rr -ill makes -vmPnt _ ^ 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER _ Pavabie to: Ronald J. 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 ofpsyroll taxes and charges under applicable federal and local law will be assumed by Artist. 8) Agent Provisions: a The contraetioag agent is acknowledged to have fully performed upon the commencement of this engagement. lie shall not be liable far the default of a purchaser or the non-performance of the group. No changes in the contract af[ ,cdng agent's commissions shall be made without the written approval of the agent b. If Artist(s) is re booked into this or any eatablishmea represented by the purchaser (including chain buyers ofmasic) within 395 days from the termination of this agreanwat, purchaser and Leader shall be jointly aid severally liable for prtyment to Pacific Rim Talent for commission in the rate set forth in this eagagenvnt o The perceauge of commissions included s the gross price of chm 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 bas the authority to caoeel 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% Rer month. and if liti lion is necessary for collection, debtor shall pay atlomey's fees. 9) Cancellation 1 Dispute: This contract cannot be canceled except by mutual, written consent of botb 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 the nnrr veilin 10) Special Provisions Black Dog Sound to provide sound, lights, and operators. Note: Fireworks company to send a balanced XLR line from their music source to band stage for Black Dog Sound to play over public sound system. Fireworks company to provide their own monitor speaker to que their workers. The recording, reproduction, or transmission of Artist's performmce is probibited absent written consent of artist. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral aerermrnt and ecceplance of all terms bF } the purchaser. 11 City of Federal Way 33530 1 ac Way South Federal Way, Wk96003-62-21 253-835.6920 Phone Cody. eddes cityoffederalway.com Responsible Agent 6k e—'Z — Signature of L,cader - - Ron Giard Black Doo Sound PO BOX 6254 Edmonds, WA 98026 (425) 489-7900 _ Craig Cooke