HomeMy WebLinkAboutNancy Stewart d`f
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this 9 day of a�. , 2013, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY"and Nancy Stewart, whose address is 6505 SE 28th Street, Mercer Island, WA
98040, 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: One
(1)45 minute performance of Sing Along Fun With Nancy Stewart on Wednesday,
August 21, 2013, at 12:00 pm.ARTIST agrees to be on site no later than 11:25 am for
set-up and/or sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn,WA,
98002 herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: P/A system and covered stage.
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 no/100 ($300.00)
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Kids SummerStage
Agreement—2013
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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 or his/her designee immediately
following the performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography,
photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST 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.
10. PERFORMANCE RAINOUT
In the event of rain,the CITY will contact the ARTIST by 10:00 AM on the day of the
scheduled performance to determine if the performance will be moved indoors, or be
rescheduled. ARTIST must provide a telephone number where ARTIST can be reached
at the time/date stated above. If rescheduling is not possible within one year of the
event,ARTIST is to be paid on the day of the performance.
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.
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Kids SummerStage
Agreement-2013
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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 Nancy Stewart
6505 SE 28"' Street
Mercer Island, WA 98040
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.
13. 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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Kids SummerStage
Agreement-2013
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ARTIST
NANCY STEWART U
ARTIST TAX ID#: `U���
DATE:
CITY OF AUBURN
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: �f 111
KRISTY PACHCIARZ
SPECIAL EVENTS COORDINATOR
DATE:
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Kids SummerStage
Agreement—2013
Page 4 of 4
'®� Request for Taxpayer Give Form to the
Form requester.Do not
(Rev.December 2011) identification Number and Certification send to the IRS.
Department of the Treasury
Internal Revenue Service
Name(as,shown on your income tax return)
Business name disrega ded entity name,if different from above
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°- Check appropriate box for federal tax classification:
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° Individual/sole proprietor ❑ C Corporation ❑S Corporation F] Partnership Trust/estate
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POF1 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
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� Requester's name and address(optional)
Address(number,street,and apt.or suite no.)
rn City,state,and ZIP code
List account number(s)here(option I)
• Taxpayer Identification Number(TIN) social security number
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line �
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Employer identirfication number
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:
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.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
LE--ULL11
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 of
Here u.s.person► Date► 1
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 Form W-9.
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
•An individual who is a U.S.citizen or U.S.resident alien,
o person who is required to file nt information return with the IRS must •A partnership,corporation,company,or association created or
obtain your correct taxpayer identification number(TIN)to report,for p P. P P y,
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation o An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA. o A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident Special rules for partnerships.Partnerships that conduct a trade 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
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt 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.
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
effectively connected income.
Cat.No.10231X Form W-9(Rev.12-2011)