HomeMy WebLinkAboutThe Not-Its c/o Danny AdamsonAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 1•` day of
4, 3_ /G -�'
'GINAL
2012
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and The Not-Its! c/o Danny Adamson,
1220 NW 77th Street, Seattle, WA 98117, herein referred to as "ARTIST ".
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic
performance for the public in Auburn, Washington; and
WHEREAS, the CITY has agreed to perform the work in compliance with the
terms and conditions of this Agreement;
NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and
covenants herein do agree as follows:
1. RETENTION OF ARTIST
The CITY does hereby retain the ARTIST to perform the work and
services described herein. The parties agree that the ARTIST is an
independent contractor and shall furnish all supervision, labor, costumes,
and all other incidentals except as specifically provided herein and the
ARTIST agrees to conduct and'complete the performance in a competent
and professional manner in accordance with the terms of this Agreement.
2. SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic
performance: One 60 minute performance at KidsDay to take
place on Friday, June 22, 2012. Performance is to be held from
11:OOam.:- .12:00pm and ARTIST is to arrive at the site no later
than 10:30am.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove.Park, 910 Ninth
Street SE;in Auburn, 98002 on an outdoor, covered stage
Performance is held rain or shine.
The ARTIST agrees and represents that it has inspected the site prior to
the performance and accepts the premises in their present condition.
The ARTIST further agrees to indemnify, defend and hold the CITY
harmless from any and all injury to any person or property arising out of
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the condition of or use of the site by the ARTIST for its performance.
4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this
performance: sound system and sound tech. Complete event
information to follow 2 -3 weeks prior to the event.
5. COMPENSATION
In consideration of the services to the CITY in connection with the
artistic performance, the ARTIST shall, receive total compensation of
Eight Hundred Dollars and No /100s ($800.00).
6. PAYMENT
The ARTIST shall be paid by the CITY for the completed work and
performance in compliance with the terms of this Agreement. Such
payment shall be full compensation for all work performed and services
rendered under the terms of this Agreement. The payment to the
ARTIST shall be in compliance with the regulations of the CITY Finance
Department. The ARTIST agrees to be responsible for payment of any
and all taxes which may be due as a result of- performance under-,this
contract. Payment shall be given to the ARTIST or his /her'designee
in the form of a check at the conclusion of their "performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
N /A.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its agents,
representatives and employees harmless from and against any and-all
claims, causes of action or demands or any form of liability of any nature
arising out of the performance and obligations contained in this
Agreement on the part of the ARTIST, its agents, representatives and
employees except where such claims arise solely from the negligent acts
of the CITY, its agents, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or
otherwise or if ARTIST cannot perform because of fire, accident, act of
God or impossibility of performance, the ARTIST shall not receive any
salary for the time during which the services have not been rendered.
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10. TERMINATION
In the event the ARTIST or the CITY defaults or fails to comply with any
of the requirements of this Agreement or any obligations hereunder, the
CITY may at its option terminate the Agreement. Such remedies shall be
in addition to any other right or remedy each may have.
11. NOTICES
Any notice required or permitted under this Agreement may be personally
served or given in writing and shall be deemed sufficiently given or
served if sent by registered or certified mail addressed to the respective
parties as follows: City of Auburn, 910 Ninth Street SE, Auburn, WA
98002; The Not -Itsl c/o Danny Adamson, 1220 NW 77th Street,
Seattle, WA 98117.
Either party may at any time designate a different address to which
notices shall be sent. Notice given in accordance with these provisions
shall be deemed received when mailed.
12. GENERAL PROVISIONS
The following provisions may apply:
A. No waiver by either party of any breach or default hereunder shall
be deemed a waiver of any preceding or any subsequent breach
or default.
B. This Agreement may not be changed or modified nor any
provision hereof waived except in writing agreed to by both
parties.
C. This Agreement shall be construed in accordance with and all
questions with respect hereto shall be determined by the laws of
the State of Washington.
D. The ARTIST agrees to pay all reasonable costs, attorney's fees
and expenses that may be incurred by the CITY in enforcing the
provisions of this Agreement.
E. In the performance of the work herein, the ARTIST agrees to
comply with all applicable State and local laws, rules and
regulations.
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ARTIST
DANNY ADAMSON
The Not -Its!
ARTIST TAX ID #: 26 LI o I O LI 8 8
DATE: 2- " l l - 2012—
CITY OF AUBURN
DATE:
DARYL FABER
Parks, Arts & Recreation Director
K'' ISTY PACHCIARZ
S. -cial Events Coordinator
DATE: 1/ la / 1 ?—
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F �'
Form 1 _ R
Request for Taxpayer G
Give form to the
Pnnt or type
See Specific Instructions on page 2.
Nam_ a (as shown on your income tax return) l ,
E No- r -1 -r5, inic
Business name, if different from above �
�,,
Check appropriate box: ■ Individual/Sole proprietor Mi. Corporation ❑ Partnership E
Exempt
Address (number, street, and epL or suite no.) R
Requester's name and address (optional)
City, state, and ZIP code
S A-r-r l,E w h °1011:7
List account numbers) here (optional)
MX . a er Identification Number (TIN)
Enter your TIN in the appropriate box. The TiN provided must match the name given on Line 1 to avoid
backup withholding. For Individuals, this Is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TiN on page 3.
Note. if the account Is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
,Pant lI
Certification
Social security number
or
Employer Identification number
26; Lt/ S 1 O L 9 v
Under penalties of perjury, I certify that:
1. The number shown on thls form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and
2. 1 em not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply.
For Mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and.generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person I► '
Date ■ — 1 r — Z� f
General Instructions
Section references are to the internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who Is required to file an information return with the
IRS must obtain your correct taxpayer Identification number (TIN)
to report, . for example, Income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured•property, cancellation of debt, or
contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN 10 the person
requesting it (the requester) and, when applicable, to:
1. Certify that the 71N you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business Is not subject, to the withholding tax en
foreign partners' share of effectively connected Income.
Note. If a requester gives you a form other than Form W -9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S person if you are:
• An Individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
e An estate (other than a foreign estate), or
o A domestic trust (as defined in Regulations section
301.7701 -7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of,income
from such business. Further, In certain cases where a Form W -9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax;
Therefore, If you are a U.S. person that is a partner in a '
partnership conducting a trade or business In the United States,
provide Form W -9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
Income.
The person who gives Form W -9 to the partnership for
purposes of establishing its U.S. status and avoiding vdlhholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
• The. U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 10-2007)