Loading...
HomeMy WebLinkAboutAnimal Encounters AGREEMENT FOR ARTISTI/C�� SERVICE „G� MG11Z THIS AGREEMENT is made and entered into this day of , 2013, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as"CITY"and Animal Encounters,whose address is 23262 SE 57th Street, Issaquah, WA 98029; phone,425-647-6499 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 ART IST to perform the work and services described herein. The parties agree that the ARTIST is an independent contractor and shall furnish all the ARTIST agrees to conduct and incidentals except as performance in allcompe competent and professional ARTIS g 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: A seven (7) hour interactive bug zoo at Auburn's Petpalooza event on Saturday, May 18, 2013,from 10:00 am—5:00 pm. ARTIST will be on-site no later than 9:00 am for set-up. See attachment for Proposal and Invoice provided by Animal Encounters. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R Street SE,Auburn, WA, 98002 herein referred to as"VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: 10'x 20' area,with additional space for spectators. ---------------------------------------------------------- Agreement—Animal Encounters Petpalooza 2013 Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of six-hundred and forty-seven dollars and 521100 ($647.52). The CITY will also pay approximately $110 for ARTIST'S additional insured endorsement. 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. --------------------------------------------------------------- Agreement—Animal Encounters Petpalooza 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 John and/or Kim Connolly Animal Encounters 23262 SE 57th Street Issaquah, WA 98029 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. --------------------------------------------------------------- Agreement-Animal Encounters Petpalooza 2013 Page 3 of 4 ARTIST kN_im L,ENCbq-NTEh' ARTIST TAX ID#: 544-15-1972 DATE: /I CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS& RECREATION DATE: fit KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS&RECREATION DATE: > 2)�� --------------------------------------------------------------- Agreement—Animal Encounters Petpalooza 2013 Page 4 of 4 ANIMAL ENCOUNTERS 23262 SE 57`h St,Issaquah,WA 98029 0(425)647-6499 o animalencounters.com Proposal and Invoice 3/22/2012 Client: Petpalooza-May 18,2013 C/O City of Auburn Special Events Proposal: Animal Encounters to provide a 7 hour interactive Bug Zoo. Several species may be touched or held, all can be observed close-up via lighted magnifiers. No venomous or otherwise dangerous animals will be handled by public. Educational topics will be discussed throughout the event, including: o What is an arthropod? o What is an exoskeleton? o Types of and classification of arthropods: introduction of: insects,arachnids, diplopods,true bugs and chilopods o Discussion of their unique adaptations and habitats o Arthropods(bugs)as fun and interesting pets Included: Animal Encounters to provide 10'X20'tent, 15 or more species or arthropods,two folding tables, lighted magnifiers, PA system (battery powered). Zoo will be staffed by presenter and 2-3 assistants.Setup and breakdown/cleanup is included in cost and will occur immediately prior to and after the event. Certificate of Insurance(COI) available at no charge. Additional Insured endorsement, if desired, is available for approximately$110. Cost: $560 plus$31.35 mileage (57 miles @ .55/mile) and $56.17 sales tax=$647.52 Terms: Balance due day of event. , I Form w°9 Request for Taxpayer Give form to the (Rev.January 2003) pdentifficafoon Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name o, Kim Connolly Business name,if different from above o Animal Encounters d H T,o Individual/ Exempt from backup ` v Check appropriate box: W1 Sole proprietor ❑ Corporation ❑ Partnership ❑ Other � ----------------- - ❑ withholding 2 Address(number,street,and apt.or suite no.) Requester's name and address(optional) a` o 23262 SE 57th St !°= City,state,and ZIP code 0 a Issaquah,WA 98029 List account number(s)here(optional) m N FMI Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. For individuals,this is your social security number(SSN). 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. or Note:If the account is in more than one name,see the chart on page 4 for guidelines on whose number Employer identification number to enter. IBM Certification Under penalties of perjury,I certify that: 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),and 2. 1 am 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 I am no longer subject to backup withholding,and 3. 1 am a U.S. person(including a U.S.resident alien). 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 Signature person / 1w cm;104(y 06-21-2012 Here U.S.person ® �V li �l wr"/ Date D Purpose of Form Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S.tax on the IRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a number(TIN)to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes. U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an (including a resident alien),to provide your correct TIN to the exception contained in the saving clause of a tax treaty to person requesting it(the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income, 1. Certify that the TIN you are giving is correct(or you are you must attach a statement that specifies the following five waiting for a number to be issued), items: 2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same or treaty under which you claimed exemption from tax as a 3. Claim exemption from backup withholding if you are a nonresident alien. U.S. exempt payee. 2.The treaty article addressing the income. Note: If a requester gives you a form other than Form W-9 3. The article number(or location) in the tax treaty that to request your TIN,you must use the requester's form if it is contains the saving clause and its exceptions. substantially similar to this Form W-9. 4.The type and amount of income that qualifies for the Foreign person. If you are a foreign person, use the exemption from tax. appropriate Form W-8 (see Pub. 515,Withholding of Tax on 5. Sufficient facts to justify the exemption from tax under Nonresident Aliens and Foreign Entities). the terms of the treaty article. Cat.No.10231X Form W-9 (Rev.1-2003)