Loading...
AG 17-1301 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I . ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER EXT: 6701 3. DATE REQ. BY: ASAP G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 54 PROJECT NAME: DR. MICHAEL NICHOLS SPEAKING ENGAGEMENT 6. NAME OF CONTRACTOR: THE GUIDESTONE GROUP - DR. MICHAEL NICHOLS ADDRESS: 12000 HUTCHESON FERRY ROAD TELEPHONE 770- 954 -6033 E -MAIL: MICHAEL .NICHOLS(l77GIANTWORLDWIDE.COM FAX: SIGNATURE NAME: KYM Goss TITLE CLIENT SERVICES 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: FEBRUARY 6, 2018 COMPLETION DATE: FEBRUARY 7, 2018 9. TOTAL $9,000 PLUS $1,200 ESTIMATE FOR TWO HOTEL ROOMS & RENTAL CAR (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 ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 001 - 2100- 091 - 521 -10 -410 10. DOCUMENT /CONTRACT REVIEW ' ; " ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED AZe...-7 8A / 7 WC. 814114— INITIAL / DATE APPROVED 1 1 . 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 ❑ LAW DEPARTMENT X SIGNATORY (MAYOR OR DIRECTOR) 1 CITY CLERK ❑ ASSIGNED AG# INITIAL / DATE SIGNED JR-13b ❑ SIGNED COPY RETURNED D E SENT: a- 1$-r1- e.'OMMENTS: (michaelnichols grow on purpose Speaking Engagement Agreement This Agreement is entered into on the 2 day of August (month) 2017 (hereinafter referred to as "Speaker ") representing Michael Nichols and i • F referred to as "Client "). We do hereby agree to the following terms and conditions: Client Organization City of Federal Way Police Department Coordinator Name Andy Hwang Phone (253) 835 -6716 Alt Phone Nearest Airport Seattle Event Name 2-Day Leader Development Workshop Event Type (Select One) Conference Workshop Keynote Audience (Select One) Executive Business Education Healthcare Religious Family Law Enforcement Dress (Select One) Business Business Casual Casual Formal Explain (year) by The Guidestone Group •• ' r +4r.n r (hereinafter Email An •y.Hwa • @cityoffederalway,com Presentation(s) Event 1 I Day 1 Date February 6, 2018 - City of Federal Way (50 -75 attendees) Presentation Time 9:00 to 3:00 Location TBD Topic Becoming a Leader Worth Following Event 2 I Day 2 Date February 7, 2018— City of Federal Way Police Department (25 -30 attendees) Presentation Time 9 :00 Location Topic Developing strategies tp accomplish mission and vision Engagement Fee ,; R • - • t • ; • r in J ding airfare. Client will also purchase 50 books at $20 TBD 3:00 INVESTMENT In consideration of the services described above, the Client agrees to pay The Guidestone Group (or provide for or reimburse): 1. Engagement Fee(s) noted above -t ieri-Ei i3enses- ifieltite)+ 3- exFHange-ar rartsffer fees, the - rests- ef- aitf3re, eats; Ieelgingrgr and tfar spe ier4 -fer- l ief-ef -the- $tay- as- eleseFilaecl- i+a-tl 4- agreeme The Guidestone Group will electronically invoice the Client for these expenses to be paid prior to the Event date. All fees and expenses are due prior to departure for the Event. ARRANGEMENTS The Guidestone Group will arrange all flights (unless otherwise agreed). The Speaker generally travels from Atlanta, Georgia, USA. Ee-enor y- Air -TfaYeFwill- be`arranged -fef- any - flight- #aratien -less ri- 3-11et+rs- 8t+siness Elass- Air- Xravel- will - Fie -ar-ranged- fer -affy- High- t-durat4en -snore than 3 halos: The Client will arrange hotel (non- smoking room) and local transportation to be paid directly by the Client. The Client may alternatively choose to pay a per diem fee of $75.00 to cover meals, tips, tolls, and fuel (in addition to hotel and local transportation). Page 1 of 3 The Guidestone Group I 12000 Hutcheson Ferry Road I Chattahoochee Hills, Georgia I speaking@guidestonegroup.com Copyright 01999 -2017 TO RESERVE YOUR EVENT DATE(S) 1. Pay 50% of the Engagement Fee noted above. Payment may be made by Visa, MasterCard, Discover, or American Express with a US billing address. International clients may email speaking @guidestonegrouD.com to make other payment arrangements. 2. Scan and email a signed copy of this agreement to speaking @guidestonegroup.com. TERMS AND CONDITIONS PARTIES: This agreement is between The Guidestone Group and the Client. INDEPENDENT PARTIES: All of the parties hereto have independent obligations and responsibilities. They further acknowledge in the event any party fails to perform any part of the Agreement, the parties agree to look solely to the breaching party for recovery, if any. TAXES AND FEES: With the exception of Income Taxes, the Client shall be solely responsible for any fees and /or taxes levied upon Speaker for the services performed hereunder, including but not limited to Sales Tax, Admission Fees, User Fees, etc. INDEPENDENT CONTRACTOR: The Guidestone Group is a Florida (USA) corporation and therefore shall be responsible for any applicable income, employment and social security taxes imposed on the Speaker. FAILURE TO PERFORM: If the Speaker is precluded from performing obligations herein due to unforeseen circumstances beyond reasonable control, including, but not limited to, illness, injury, accident or family emergency involving Speaker, fire, lockout, failure of performance of a common carrier, or any other cause beyond either party's reasonable control, then such failure shall not be deemed to be a default. The Speaker agrees, in the event of Speaker's failure to perform, it will use its best efforts to find a replacement acceptable to Client. In the event no replacement can be found, the Speaker shall refund all fees paid by the Client. FORCE MAJEURE: Notwithstanding any other provision of the Agreement, in the event that the performance of any obligation under this Agreement by a Party is prevented due to acts of God, exchange controls or import controls, government restrictions, wars, hostilities, blockades, civil disturbances, revolutions, strikes, terrorist attacks, lockouts, or any other cause beyond the reasonable control of a Party, such Party shall not be responsible to the other Parties for failure or delay in performance of its obligations under this Agreement. Each Party shall promptly notify the other Party of such force majeure condition. The terms of the Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement until as soon as is practical after the force majeure condition ceases to exist. CLIENT CANCELLATION: Because this confirmation removes Speaker from the marketplace on the Event date(s) described herein, in the event of cancellation by the Client, the Client shall be responsible for the full Engagement Fee prior to the Event Date. The Client may reschedule the Speaker at a mutually agreed upon date and time within 3 months of the Event Date. Notice of cancellation shall be delivered to The Guidestone Group in writing and shall not be deemed cancelled unless such writing has been received. Regardless of the date of cancellation, The Client shall remain liable for any and all non- refundable travel costs incurred by Speaker. DEFAULT AND REMEDIES: If the Client breaches any of its obligations under the terms of this agreement including the payment terms, the full amount of the payment due under the agreement shall be immediately due and payable by the Client. lithe Client fails to pay any sums due under the agreement within five days from the date such sums are due and owing the balance will accrue interest at the rate of 1.5% per month. If this matter is referred to a collection agency or attorney, the client agrees to pay all costs of collection including reasonable attorneys' fees and all the costs incurred in any litigation instituted to recover amounts due under the agreement. EXPENSES: Client shall be responsible for all reasonable expenses incurred by Speaker related to Speaker's travel to and from the engagement and any expenses incurred by reason of Speaker's presence in the city of the engagement. This shall include, but not limited to, the following: airfare, transportation, meals, and lodging. said expo n _=s- in the event Client fails or refuses to provide for the payment of expenses, the Speaker shall have the right to cancel the engagement in accordance with CLIENT CANCELLATION paragraph above. ENGAGEMENTS: This Agreement covers the appearance referred to herein and no additional appearances or activities shall be expected of Speaker unless agreed to in writing. RECORDING: All parties agree Speaker's address may be audio or video recorded or broadcast with prior written consent of Speaker. The Speaker retains all copyrights and rights to all materials and recordings. The Client may use the only upon the written consent of the Speaker. Page2of3 The Guidestone Group 1 12000 Hutcheson Ferry Road 1 Chattahoochee Hills, Georgia 1 speaking @guidestonegroup.com Copyright ©1999 -2017 PRODUCT: Speaker reserves the right to display and sell products at the Event that have been produced, endorsed or created by Speaker. No concession fee shall be paid to the auditorium or client unless agreed to in writing at the time of signing this agreement. LIABILITY: Client agrees to indemnify and hold harmless Speaker for any claims of liability resulting from incidents connected with the scheduled appearance including but not limited to all transportation. ENTIRE AGREEMENT: This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which, when taken together, will constitute one and the same instrument. This instrument sets forth the entire agreement between the parties. It shall not become effective until both issued copies of the agreement are accepted and executed by both the Client and Speaker. This agreement may not be changed, modified, waived or discharged in whole or in part except by an instrument in writing signed by the parties hereto. An executed facsimile copy or photocopy of this Agreement shall be deemed original. CONFIDENTIALITY: The terms and conditions of the Agreement, including the fees paid are confidential in nature and all parties agree the breach of this confidentiality, either negligent or intentional, shall be deemed a material breach of this agreement. ARBITRATION: This agreement shall be construed in accordance with the laws of the State of Georgia governing agreements executed and performed therein, and shall be binding with regard thereto on the parties, their heirs, executors, administrators, successors, representatives or assigns. Upon any dispute under or relating to the terms of this Agreement, or the breach thereof, it is agreed that the matter shall be submitted for arbitration to the American Arbitration Association, in Atlanta, Georgia, in accordance with the prevailing rules of that Association, including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. AUTHORITY OF CLIENT: The person executing this agreement on client's behalf warrants his authority to do so, and such person hereby personally assumes liability for the payment of all fees and expenses in full. We agree to all of the terms and conditions contained in this Speaking Engagement Agreement: THE GUIDESTONE GROUP CLIENT REPRESENTATIVE spy t." Signature /4(2) Signature /` -47- Print Kym Goss, Client Services Print Date August Z 2017 !have t author : , find the C5 ,u CxganYsatrore Date $9 91% 7 Note: To reserve your date(s) email a signed copy of this agreement to peakingPguidestonegroup.com and pay 50% of the Engagement Fee. Page 3 of 3 The Guidestone Group I 12000 Hutcheson Ferry Road I Chattahoochee Hills, Georgia 1 speaking @guidestonegroup.com Copyright ©1999 -2017