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AGREEMENT FOR ARTISTIC SERVICE •
THIS AGREEMENT is made and entered into this day of CC,t�, 2013, by and
between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Joe Bean,whose address is 10220 1st Ave NW, Seattle,WA 98177, 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:
90 minute performance of The Nines for Auburn's 4th of July event on Friday,July 4,
2014,from 11:00 am to 12:30 pm (no set break). ARTIST will be on-site no later than
10:15 am 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"
4. REQUIREMENTS
The CITY shall provide the following for this performance: Sound system and sound
technician(s)to set up and run equipment. Covered stage.
Agreement—The Nines
4w of July Festival 2014
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 one-thousand,two-hundred dollars and no/100
($1,200.00).
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.
Agreement—The Nines
4 of July Festival 2014
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 Joe Bean
10220 1st Ave NW
Seattle, WA 98177
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—The Nines
4 of July Festival 2014
Page 3 of 4
ARTIST
a—
JOE BEAN
ARTIST TAX ID#: S °1" f K° 4rS4
DATE: 12 ;/4 - / 3
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: /410
P-1--(jVC:71.
KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE: 041 / ,j"
Agreement—The Nines
4 of July Festival 2014
Page 4 of 4
Form -9 Request for Taxpayer Give Form to the
(Rev.August 2013) requester.Do not
Department of the Treasury Identification Number and Certification send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
oS��Lt Beams
N Business name/disregarded entity name,if different from above
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a
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a Checkappropriale box for federal tax classification: Exemptions(see instructions):
Individual/sole ro rietor C Corporation p p p S Corporation ❑ Partnership ❑Trust/estate
o..2 Exempt payee code Of any)
oEl Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exemption from FATCA reporting
y code(if any)
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0. 0 ❑ Other(see instructions) •
Fzi Address(number,street,and apt.or suite no.) Requester's name and address(optional)
/ O2Zo F ✓S-E- 1 'L t'/1/zel )
City,state,and ZIP code
CO a)
S l a t a Il7
List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
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 social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other '3 -4 K - ( S
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Part 11 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. I 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. I am a U.S.citizen or other U.S.person(defined below),and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
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 anP1 dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign 9 Signature of /
Here U.S.person 0- J 1 Date Iv 'f a' Jtp. / 3
General Instructions withholding tax on foreign partners'share of effectively connected income,and
4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
Section references are to the Internal Revenue Code unless otherwise noted. exempt from the FATCA reporting,is correct.
Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form
about Form W-9,at www.irs.gov/w9.Information about any future developments W-g to request your TIN,you must use the requester's form if it is substantially
affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9.
on that page.
Definition of a U.S.person.For federal tax purposes,you are considered a U.S.
Purpose of Form person if you are:
A person who is required to file an information return with the IRS must obtain your •An individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(TIN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized in the
you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States,
transactions,real estate transactions,mortgage interest you paid,acquisition or •An estate(other than a foreign estate),or
abandonment of secured property,cancellation 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 if you are a U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in
provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from
such business.Further,in certain cases where a Form W-9 has not been received,
1.Certify that the TIN you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a
to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.person that is a partner in a partnership conducting a trade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S.trade or business is not subject to the
Cat.No.10231X Form W-9(Rev.8-2013)