HomeMy WebLinkAboutAnimal Encounters AGREEMENT FOR ARTISTI/C�� SERVICE
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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.
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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.
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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.
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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)��
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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)