HomeMy WebLinkAboutMelody Music (2)A- 3.1 kv 6
THIS AGREEMENT is made and entered into this Zu day of
f 2014 by and between the City of Auburn, Washington, a Municipal Corporation owe
State of Washington herein referred to as "CITY" and Melody Music, p0 BOX 0fg1 +
66011, University District, WA, 98464, herein referred to as "ARTIST ". 44
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic
performance for the public in Auburn, Washington; and
WHEREAS, the CITY 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, costumes,
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: Disc Jockey services for Auburn's 2014 Ladies & Lil'
Gents on Saturday, September 21, 2014 from 6:00- 7:00pm &
7:45- 8 :30pm (there's an entertainer scheduled to perform from
7- 7;45pm). ARTIST is expected to be set -up at least 30 minutes
prior to the event. ARTIST is responsible for providing an
interactive DJ, a 500 -watt sound system, party lights,. And all
necessary entertainment props.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Gymnasium,
910 Ninth ST SE, Auburn, WA 98002.
The ARTIST agrees and represents that it has inspected the site prior to
the performance and accepts the premises in their present condition.
The ARTIST further agrees to indemnify, defend and hold the CITY
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Agreement — Melody Music
Ladies & Lir Gents 2014
Page ] of 4
4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this
performance: access to power, table and chair
5. COMPENSATION
In consideration of the services to the CITY in connection with the
artistic performance, the ARTIST shall receive total compensation of Two
Hundred and Ninety-five Dollars and No /100s ($295.00).
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 given to the ARTIST in the form of a
check directly following the event.
PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
N /A.
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
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.
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
salary for the time during which the services have not been rendered.
Agreement— Melody Music
Ladies & Lil' Gents 2014
Page 2 of 4
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 of Auburn, 910 Ninth Street SE, Auburn, WA
98002; Melody Music, PO BOX 66011, University District, WA,
98464
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 — Melody Music
Ladies & Lil' Gcnts 2014
Page 3 of 4
MEL DY SI
ARTISTTAXID #: Q)- Waa�04
DATE: 3.(14
CITY OF AUBURN
DARYL FABER
Parks, Arts & Recreation Director
DATE: jZG �Y
KR STY PACHCIARZ
Special Events Coordinator
DATE: 1= 1� 1 1
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Agreement— Melody Music
Ladies R Lil' Gents 2014
Page 4 of 4
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Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid sacral socurtty number
backup vAthholding. For Individuals, this Is your social security number (SSN). However, for a resident
alien, sole propdater, or disregarded entity, zoo the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). It you do not have a number, see Haw to get a 77N on page S. or
Note. It the account Is In more than one name, see the chart on page 4 for guidelines on Whose Employer identillcadon number
number to enter. �7 0aa9ROR
Under penalties of perjury, I certify that:
1. The number Shown on this form In my correct taxpayer Identification number (or I am walling for a number to be Issued tome), and
2. 1 am not subject to backup Wthholdng 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 ties
notified me that 1 am no lodger 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, acqulslllon or abandonment of secured property, cancellation of debt, contributions to an Indvidual retirement
arrangement (IRA), and generally, payments olhor than Interest and dividends• you are not required to sign the Certification, but you most
provide your correct TIN. See the Instructions on page 4.
Sign Signature of
Here I U.S. oerson►
General Instructions I U
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 report, for example, Income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured properly, 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:
1. Certify that Ilia TIN you are giving Is correct (or you are
wailing for a number to be Issued),
2. Certify that you are not subject to backup withholding, or
S. 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.
Data ► J_41 M
Definition of n 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 lax.
Therefore, if you are a U.S. person that is a partner In a
partnership conducting a trade or business In the United Slates,
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 eslablishing 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:
•Th VS f d' did rt d tt
e... owner o a istage a an 1 y an no he entity.
Cat. No. 1023tX Fam W -9 (Rev. 10.20071
Name (as shown on your insane tax return)
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Tax a er Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid sacral socurtty number
backup vAthholding. For Individuals, this Is your social security number (SSN). However, for a resident
alien, sole propdater, or disregarded entity, zoo the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). It you do not have a number, see Haw to get a 77N on page S. or
Note. It the account Is In more than one name, see the chart on page 4 for guidelines on Whose Employer identillcadon number
number to enter. �7 0aa9ROR
Under penalties of perjury, I certify that:
1. The number Shown on this form In my correct taxpayer Identification number (or I am walling for a number to be Issued tome), and
2. 1 am not subject to backup Wthholdng 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 ties
notified me that 1 am no lodger 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, acqulslllon or abandonment of secured property, cancellation of debt, contributions to an Indvidual retirement
arrangement (IRA), and generally, payments olhor than Interest and dividends• you are not required to sign the Certification, but you most
provide your correct TIN. See the Instructions on page 4.
Sign Signature of
Here I U.S. oerson►
General Instructions I U
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 report, for example, Income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured properly, 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:
1. Certify that Ilia TIN you are giving Is correct (or you are
wailing for a number to be Issued),
2. Certify that you are not subject to backup withholding, or
S. 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.
Data ► J_41 M
Definition of n 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 lax.
Therefore, if you are a U.S. person that is a partner In a
partnership conducting a trade or business In the United Slates,
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 eslablishing 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:
•Th VS f d' did rt d tt
e... owner o a istage a an 1 y an no he entity.
Cat. No. 1023tX Fam W -9 (Rev. 10.20071