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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) Kids Summer5tage - -- -- ^ ^._ -- —_ -- Q1 Agreement - 2014 d/ Ick Page 1 of 4 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. Kids SummerS' Page2 of ^ 2 4014 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. Kids SummerStage Pa9 3 off 4— 2014 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 0 Form w— 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. N Rusinasa namardlsregarded entity name, If different from above 0 Check appropmime box for federal tax chasi canon: 5remptlats (see Ystructlans): 0 ❑ IndMhmV.le proprietor C Corporation ❑ S Corporal ❑ Partnership ❑ Tmseestas p W O Fempt payse wtle Of any) p ❑Limited Lability company. Enter the tea classification (C =C corporation. 5-5 corporation, Partnership) ► Exemption from FATCA reporting 59I coda Of any) a-0 ❑ Ohar(eeslretrucaons)► ;FS Address (number, street, and apt. or sure no.) Requester* name and address (optionag ii 1220 NW 77th Street � 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 _ m 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)