HomeMy WebLinkAboutDanny Adamson )* "�O HANYO!/1�GINEO
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this_28th day of_May_,
2013, by and between the City of Auburn, Washington, a Municipal Corporation of the
State of Washington herein referred to as "CITY", and Danny Adamson and The Not-Its,
1220 NW 77th Street, Seattle, WA 98117, Phone: 206.778.7563 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 performance of ARTIST's "Concert Program," of Rockin'Holiday With the Not-its a (1) 60-minute set
from 2-3p, Saturday, December 7, 2013.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn Avenue,
Auburn, WA. 98002, herein referred to as "VENUE."
4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
• All promotion of performance, including press releases, paid advertising, radio
public service announcements, brochures and postcards, performance programs
• Box office management and staffing
Agreement—The Not-its
• Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item
7-C below).
• Auburn Avenue Theater for load-in and/or rehearsal, plus performance on
Saturday, Decmber 7, 2013.
B. The ARTIST shall provide the following for the performance:
• Provide scores and parts for the company and pay all fees (if any) associated
with public performance of music.
• Engage and rehearse the company
• Provide program content, biographies, and optional photographs of key
production staff artists for performance program and public relations materials
with the execution of this contract.
C. Technical Requirements:
The CITY shall provide the following technical assistance for this performance:
Lighting and Sound equipment as arranged ahead of production at some time in
the future. The CITY will assist with coordination of technical services between
the VENUE and the ARTIST. The CITY agrees to provide, through the VENUE,
technical labor for this production, as detailed in the ARTIST'S technical rider and
as approved by the technical director of the VENUE and the ARTIST.
5. COMPENSATION
A. ARTIST Fee:
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation, inclusive of
travel, $1,250.00.
6. PAYMENT
The ARTIST will receive 100 % of the fee at the conclusion of the performance, payable
to Danny Adamson and The Not-Its, 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
A. Promotional materials shall be mutually agreed upon between the CITY and the
ARTIST.
B. The CITY will market the performance as defined in Item 4.
Agreement—The Not-Its
C. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise
Concessions, if any, including inventory, sales and sales personnel. ARTIST
maintains 100% of total sales of ARTIST Merchandise. The CITY and/or VENUE
will provide (1) table in the lobby of the VENUE for Merchandise Sales.
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, through no fault of the CITY, the performance(s) (Item 2: Scope of Work)
shall be rescheduled at a mutually agreed upon date to occur not more than 12 months
following the date of the initially scheduled performance, either at the same venue as
initially scheduled or at another venue available to the CITY for such performance.
If the performance cannot proceed through some fault of the CITY, but the CITY gives at
least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total
Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the
performance cannot proceed through some fault of the CITY, and the CITY gives less
than ninety (90) days advance notice of cancellation to the ARTIST, none of the total
Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY.
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 Jim Westhusing
Teen Coordinator
City of Auburn Parks, Arts & Recreation
910 Ninth St. SE
Auburn, WA 98002
ARTIST StoryBook Theater
11730118 th Ave. NE, Suite 100
Kirkland, WA 98034
Agreement—The Not-Its
425-820-1800
nikkiparish @studio-east.org
AGENT (n/a)
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.
In the performance of the work herein, the ARTIST agrees to comply with all applicable
State and local laws, rules and regulations.
ARTIST
�) ' la�
(signatuv re)
ARTIST TAX ID#: 26-4810488
425-820-1800 x 103
DIRECT CONTACT PHONE (not agent)
info(a)wearethenot-its.com
DIRECT ONTACT EMAIL (not agent)
6 7 13
DATE
�CITY OF�A--UBBU—R1N
Daryl Faber, Director
City of Auburn Parks, Arts, & Recreation
'5/J 0
DATE
Agreement—The Not-Its
Form W-9 Request for Taxpayer Give Form to the
(Rev.December 2011) identification Number and Certification requester.Do not
Depmtrnent of the Treasury send to the IRS.
Memel Revenue Sdvice
Name(as shown on your income tax retum)
The Not-itsl,Inc.
N Business name/disregarded entity M—M,it different from above
I�
a Check appropriate box for federal tax classification:
a ❑h1dividual1so4e proprietor ❑✓ c Corporation ❑S Corporation ❑ Parmership ❑Truavestate
e ❑ UmRed liability company.Enter the tax classification(C=C corporation.S-S corporation.Phip)►
222 El Exempt payee...............--------
c
o ❑ Other(see insfnactims)►
Address(number,street,and apt.or suite no.) Requesters name and address(optloW
1220 NW 77th Street
as clay,state,and ZIP code
N Seattle,WA 98117
Ust account number(s)here(optional)
•ME Taxoaver Identification Number(71N)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name'line social security number
to avoid backup withholding.For individuals,this is your he P security number n page However,fora _m -�
resident alien,sole proprietor,or disregarded entity,see the Part!instructlons on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a
77N on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose
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 ORS)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 long 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
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.
Here U.&permit► , �c��� oats► 10/3/2-01
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General Instructions Note.If a requester gives you a form other than Form W-9 to request
Section references are to the internal Revenue Code unless otherwise your TIN,you must use the requester's form if it Is substantially similar
to this Form W-9.
noted.
Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form oonsidered a U.S.parson H you are:
A person who Is required to file an Infom nation return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer klenUfk;ation number(TIN)to report,for •A partnership,corporation,company,or association created or
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 a An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA. .A domestic trust(as defined In Regulations section 301.7701-7).
Use form W-9 only It you are a U.S.person(including a resident
alien),to provide your correct TIN to the person requesting It(the Special rules for parinerahips.Partnerships that conduct a trade or
requester)and,when applicable,to: business In the United States are generally required to pay a withholding
1.Certify that the TIN you are giving is correct(or you are waiting for a 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
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.Maim exemption from backup withholding If you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.V appliicable,you are also certifying that as a U.S.person,your States.provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
Is not subject to the withholding tax on foreign partners'share of
effectively connected Income.
Cat.No.10231X Form W-9(Rev.12-2011)