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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 --------------- - - -- 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. --------------- 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 --------------- - - - - -- Agreement— Melody Music Ladies R Lil' Gents 2014 Page 4 of 4 s•vx o 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) CJ 0 Business name, litlirferent from above c 0 fnpwy Mom cheek oppropriale box: IndNlduaVSC.o proprietor ❑ Capomtion ❑ Partnership pv F u llneed Ilability company. Enter the tax elasslrfeatien (D-- dsregarded entity. C= caporatJon. P=partnership) ► .(� - -, Exempt FO `o2 (J OIW fsN Hslructem)► pares t Address (number, street• and apt. or suite no) Requester a memo erd address (optional) Q011 tiz City, slab, and ZIP Cede Ust acCOUnr number nerd (optlwag 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