HomeMy WebLinkAboutWilliam Farmer5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of five - hundred dollars and WIN ($500.00).
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.
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.
& 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 Diamond Experience
Page 2 of 4
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THIS AGREEMENT is made and entered into this _% day of to , 2014, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and William Farmer dba The Diamond Experience, whose address is c/o
Select Entertainment, 1726 N Mildred Street, Tacoma, WA 98406; phone 253- 931 -0459, 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.
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:
60 minute performance of The Diamond Experience on the Independence Stage for
Auburn's 4th of July event on Friday, July 4, 2014, from 3:00 pm to 4:00 pm (no set
break). ARTIST will be on site by 2:15 pm for set -up and sound check.
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 equipment consisting of
JBL SR4733 Mains x4 (have 6 if needed), JBL SR4719 Subs x2 (Dual 18" each), JBL
SRX712M Monitors x6 (on 4 mixes; 6 mixes upon request), Yamaha M3000 40 channel
board or Soundcraft Spirit 32 channel board, Guitar, mic, & speaker cables, Variety of
mics, Mic stands, sound technician(s) to set up and run equipment.
Agreement —The Diamond Experience
Page 1 of 4
10. PERFORMANCE RAINOUT
nla. 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 William Farmer dba The Diamond Experience
c/o Select Entertainment
1726 N Mildred Street
Tacoma, WA 98406
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 Diamond Experience
Page 3 of 4
ARTIST
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ARTIST TAX IDV X31 - -fLr " I Y2 ?✓
DATE: -3 I _
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: //:' 01 4
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KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE: � h, `I
Agreement
—The Diamond Experience
Page 4 of 4
Form W-9
Request for Taxpayer
Give form to the
(Rev. October 2007)
Identification Number and Certification
requester, Do not
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Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security mum or
backup withholding. For Individuals, this is your social security number (SSN). However, for a resident J C, I pZ.Z
alien, sole proprietor, or disregarded entity, see the Part I it on page 3. For other entities, It is
your employer Identificatlon number FEIN). If you do not have a number, see How to get a 77N on page 3. or -
Note. If the account Is In more than one name, see the chart an page 4 tar guidelines on whose Employer Identincation number
number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer Identification number (or I am wailing 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).
Certilection 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 (ailed to report all interest and dividends on your lax return. For real estate transactions, Item 2 does not apply.
For mortgage Interest paid, acquisition or abandonment of secured property, cancellation or debt, contributions to an individual retirement
arrangement (IRA), and generally, payments olitor than Interest and dividends, You are riot required to sign the Certification, but you must
provide your correct TIN. See the Instructions on page 4.
Sign signature of
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General Instructions CJ
Section references are to the Internal Revenue Code Unless
otherwise noted.
Purpose of Form
A person who Is required to file an information return with the
IRS must obtain your correct taxpayer Identification number (TIN)
to mpon, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
L. Certify that the TIN you are giving Is correct (or you are
waiting for a number to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your 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.
Note. If a requester gives you a form other than Form W -9 to
request your TIN, you must use the requester's form if it Is
substantially similar to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
Stales,
• An estate (other than a foreign estate), or
• A domestic trust (as defined In Regulations section
301.7701 -7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding 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 partnership Is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S, person that is a 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.
status and avoid withholding on your share of partnership
income.
The person who gives Form W -9 to the partnership for
purposes of establishing Its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business In the United States Is in the
following cases:
e The U.S. owner of a disregarded entity and not the entity,
Cal. No. 10231X Form W -'J (Rev. 102007)