HomeMy WebLinkAboutThe Not-Its!AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this —r day of 2014, by and
between the City of Auburn,, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and The Not -Itsl, whose address is 1220 NW 77'" Street, Seattle, WA 88117,
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 ART I6
The CITY does hereby retain the ARTIST to perform the work and services described hereln.
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
(1) 60 minute performance of The Not -Itsl on Wednesday, July 30, 2014, at 92:00 pm.
ARTIST�agrees to be on site no later than 11:16 am for Set-up and/or sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA,
98002 herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: sound system, sound tech and
covered performance area.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of eight hundred and fifty dollars no/100 ($850.00)
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Agreement - 2014 d/ Ick
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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 or his/her designee immediately
following the performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography,
photos (high resolution electronic Images) and any artwork specifically pertaining to ARTIST upon
signature of this contract.
B. 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 perfomrance(s) at a
mutually agreed upon date.
10. PERFORMANCE RAINOUT
In the event of rain, the CRY will contact the ARTIST by 10:00 AM on the day of the
scheduled performance to determine If the performance will be moved indoors, or be
rescheduled. ARTIST must provide a telephone number where ARTIST can be reached
at the timeldate stated above, If rescheduling Is not possible within one year of the
event, ARTIST is to be pald on the day of the performance.
11. TERMINATION
In the event the ARTIST or the CITY defaults or falls 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.
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12. ON TICES
Any notice required or permitted under this Agreement maybe 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
Auhum, WA 98002
ARTIST The WNW
1220 NW 77'" Street
Seattle, WA 98117
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.
13. 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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ARTIST
THE NOT -ITS] r�
ARTIST TAX IDM r U � b i '(D
DATE: Z I
CITY OF AUBURN
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: �4!
KRISTYPACHCIARZ
SPECIAL EVENTS COORDINATOR
DATE:
IGds SUmmerStage
Agreement — 2014
Page 4 of 4
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Form
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Request for Taxpayer
Give Form to the
(Rey August 201)
Identification Number and Certification
entities, It is your employer identification number (EIN). If you do not have a number, see How ri sera
requester. o° not
Depemnent
oft
TIN on page 3.
send to the IRS.
Pmemal Revenue Service
Emplayer Idemincadm number
number to enter.
I-T1
Name (W BhOM on your Income tax raks,)
fTf"7-7-7-71
The Notdtel, Inc.
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Rusinasa namardlsregarded entity name, If different from above
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Check appropmime box for federal tax chasi canon:
5remptlats (see Ystructlans):
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❑ IndMhmV.le proprietor C Corporation ❑ S Corporal ❑ Partnership ❑ Tmseestas
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❑Limited Lability company. Enter the tea classification (C =C corporation. 5-5 corporation, Partnership) ►
Exemption from FATCA reporting
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❑ Ohar(eeslretrucaons)►
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Address (number, street, and apt. or sure no.)
Requester* name and address (optionag
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1220 NW 77th Street
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Ciry, slats, erM zIP mac
Seattle, WA 98117
List account numbers) here (optionap
Taxpayer lderttification Number (TIN)
Enter your TIN In the appropriate box. The nN provided must match the name given on the "Name' line
$=let wourily number
to avoid backup withholding. For individuals, this Is your social security number (SSN). However, f
M 1 Instructions on page 3. For eth ora
resident alien, sole proprietor, or disregarded arnity, see a Part er
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entities, It is your employer identification number (EIN). If you do not have a number, see How ri sera
TIN on page 3.
Note. If the account Is in more than one name, she the chart on page 4 for guidelines on whose
Emplayer Idemincadm number
number to enter.
I-T1
fTf"7-7-7-71
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 (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. chasm or other U,S. person (defined below), and
4. The FATCA codes) 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 it you have been notified by the IRS that you are currently subject to backup withholding
because you havetalled 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 ORA), and
generally, payments other than Interest and dividends, you are not required to sign the codification, but you must provide your correct TIN. See the
instructions on page 3.
019" signature Of
Were U.U. peasan► T C71n-'" '& --J Dam► Z`L�— 1
General Instructions
Section references we to the Internal Revenue Coda unless otherwise noted.
Future, davelopmerds. The IRS has created a page on IFIS.gov fa information
about Form W -9. at www.bs.gpv/w9: Information about my future developments
eRectlng Form W-9 (such as legislation enacted after we release h) will be located
on that page.
Purpose of Form
A person who's rewired to file an Information return with the IRS must obtain your
correct taxpayer Identification number C- N) to report, for example, kicame part to
you, payments made W you in settlement of payment cord and third party network
transactions, real Wale transactions, mortgage interest you paid, acquisition or
alowdonmem of secured properly, cancellation of dabs. or contrmutlons you made
tow IRA
Use Form WA only If you era a U.S. person tincturing a restidem glen). to
al
provide your correct TIN m e person req wh
userma it (ale requester) and, en
epplcable, to
1. Certify tint one TIN you are giving is corset for you tiro waiting for a number
to be issues,
2 Certify Inayou are not subject to backup withholding, or
3. Claim exemption from backup wfthholdng If you are a U.S. exempt payee. If
applicable, you are also Conti Nn as a U.S. person, yore allocable share of
any partnership income from a U.S. bade or business is not subject to the
withholding tax on foreign partners' same of effectNely connected income, and
4. Curtly that FATCA coasts) entered on this form (if any) Indicating that you are
exempt from the FATCA repoi Is wnat.
Note. If you are a U.S. person and a requester gives you a farm odrr than Form
WA to request your TIN, you must use the requester's form a It he substantially
senllar to this Fonn W -0.
Defiruman of a U.S. person. For federal tax purposes you are considered a U.S.
parson M you arc:
• Au Individual who Is a U.S. c@aen or U.S. resident alien,
• A parme snp, corporation, company. a association treaded a organtmd In Ne
united States or undm the laws of the United Sahaa,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rubsfor partlac hips. Partnerships that oonduat a trade or business, In
the United States we generally requ'ved to pay a withholding tax under section
1440 on any foreign parbrero' ahme of efleeively mmected taxable income from
such business. Further, In carton cases where a Farm W -9 has net been received,
the rules under section 1 Us require, a partnership to presume that a partrim is a
foreign person, and pay the section 1448 will holding tax. Therefore. If you we e
U.S. person the Is a partner in a partnership conducting a wade or businesses In the
United States, provide Form W -9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your anus of partnership Income.
Cat. No. 10231X Faro W-9 (Rev. &2o13)