HomeMy WebLinkAboutAl Cifra Z)OR'Glkk
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this (I day of , 2012, by and
between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein
referred to as"CITY"and All Cifra (Neverhazbeen),whose address is 506 A Street NE,Auburn,WA,
98002; phone 253-569-9577, nwferret @comcast.net 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 ARTIST 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, 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:
60 minute performance of Neverhazbeen for Auburn's 4th of July event on Thursday,
July 4, 2013,from 3:OOPM pm to 4:00 PM (no set break). ARTIST will be on-site no later
than 2:30 pm for set-up and sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE),Auburn,
WA, 98002 herein referred to as"VENUE"
REQUIREMENTS
The CITY shall provide the following for this performance: Sound equipment consisting of(or
equivalent to)JBL SR4733 Mains x4(have 6 if needed),JBL SR4719 Subs x2 (Dual 18"each),
JBL SRX712M Monitors x6 (on 4 mixes; 6 mixes upon request), Yamaha M3000 40 channel
board or Soundcraft Spirit 32 channel board, Guitar, mic,&speaker cables,Variety of mics, Mic
stands, sound technician(s)to set up and run equipment.
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Agreement—Neverhazbeen
4 of July Festival 2013
Page 1 of 4
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5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of three hundred dollars and no/100 ($300.00).
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 delivered to the ARTIST's
company manager or his/her designee immediately following the performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Company bio, photos
(high resolution electronic images) and any artwork specifically pertaining to ARTIST at the
upon signature of this contract.
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 including, but not limited to any copyright infringements for
musical performances, 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 compensation for the time during which the services
have not been rendered. Every effort shall be made between ARTIST and CITY to
reschedule the performance(s) at a mutually agreed upon date.
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Weement—Neverhazbeen
4 of July Festival 2013
Page 2 of 4
10. PERFORMANCE RAINOUT
n/a. Event is held rain or shine.
11. 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.
12. 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 Kristy Pachciarz, Special Events Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Al Cifra
Neverhazbeen
506 A Street NE
Auburn, WA 98002
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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Agreement—Neverhazbeen
4 of July Festival 2013
Page 3 of 4
ARTIST
AL CIFRA
ARTIST TAX ID#:
DATE: ( 1 S� f
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS& RECREATION
DATE: 1 2-11 L I 1t—
KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS& RECREATION
DATE:
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Agreement—Neverhazbeen
4 of July Festival 2013
Page 4of4
Give Form to the
® Request for TaXpayer requester.Do not
Form i 9
(Rev.December 2011) Identification NuMber and Certification send to the IRS.
Department of the Treasury
Internal Revenue Service
Name(as shown on your'ncome tax return) C,
Business name/disregarded entityflame,if different from above
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List account n'umbel here(optional)
Taxpayer Identification Number(TIN) Social security number
Enter your TIN in the appropriate box.The TIN
this is provided must match the name given on the"Name"line — —
to avoid backup withholding.For individuals, entity,ysee the Part I instructions on page 3�For otherr a
resident alien,sole proprietor
entities,it is your employer identification number(EIN).If you do not have a number,see How to ge a Employer identification number
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.
• Certification
Under penalties of perjury,I certify that:
or b I have not been notified by the Internal Revenue
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me,an
i
2. I he not subject to backup withholding because:(a)I am exempt from backup withholding,
Service(IRS)that I am subject to backup and holding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,
3. 1 am a U.S.citizen or other U.S.person(defined below). I For mortgage
Certification instructions.You must cross a d v lends on your tax returrn.For freal estate transactions,individual it ydoes not subject
arrangement pFor mortgage withholding and g
because you have failed to report all interest
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the-TO
instructions on page 4. aa e�
Sign Signature of Date l► I 6 G
Here U.S.person> `
Note.If a requester gives you a form other than Form W-9 to request
General Instructions your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this For of a U.S.person.For federal tax purposes,you are
noted. considered a U.S.person if you are:
Purpose of Form .An individual who is a U.S.citizen or U.S.resident alien,
A person who is required to file an information return with the IRS must to report,for •A partnership,corporation,company,or association created or
obtain your correct taxpayer identification number(TIN)
example,income paid to you,real estate transa Lion elty,mortgage acellationt -organized estate(other than a foreign estate),or laws of the United States,
you paid,acquisition or abandonment
of debt,or contributions YOU made to an IRA. C A domestic trust(as defined in Regulations se a t traction 301.770ra .
Use Form W-9 only if you are a U.S.person(including a resident Special rules for partnerships.Partnerships that conduct de or
alien),to provide your correct TIN to the person requesting it(the business in the United States are generally required to pay a withholding
requester)and,when applicable,to: tax on any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a 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,
number to be issued), and pay the withholding tax.Therefore,if you are a U.S.person that is a
ct to backup withholding,or partner in a partnership conducting a trade or business in the United
2.Certify that you are not subje you are a U.S.exempt
3.Claim exemption from backup withholding if States,provide Form W-9 to the partnership to establish your U.S.
payee.If applicable,you are also certifying that as a U.S.person,your status and avoid withholding on your share of partnership income.
allocable share of any partnership income from a U.S.trade or business
is not subject to the withholding tax on foreign partners'share of Form W-9(Rev.12-2011)
effectively connected income. Cat.No.10231X