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HomeMy WebLinkAboutPianos on Parade Artist Contracts 2018AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this ''3 day of 6 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and [—:7 L- 1 S E �,- N V'efC (name) whose address is, �S 2- (address) herein referred to as "ARTIST" WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with ARTIST to provide decoration and modification of one piano as a temporary artwork installation 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 VENDOR 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: To artistically alter, paint, modify, decorate a piano in an artistic fashion that does not impact the playability of the instrument. Work will take place in the timeframe between June 1 and July 18, 2018 3. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location, herein referred to as "VENUE". Auburn Game Farm Park, North Annex, 2840 Riverwalk Drive SE, Auburn, Wash. Artist Agreement — Pianos on Parade 2018 4. REQUIREMENTS A. The CITY shall provide the following: • One Piano • Secure location at 2840 Riverwalk Drive SE in which artist can work • Provide a key on loan to access the space • Movement of the piano to outside location for four weeks and storage B. The ARTIST shall provide the following: • Completed artistically modified/painted/decorated piano per application that is reasonably weather resistant • All supplies necessary • Completion by July 18, 2018 • Covering for the floor and reasonable care of interior location 5. COMPENSATION In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST shall receive total compensation of Five Hundred Dollars ($500) service fee, inclusive of travel. 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. 7. 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. 8. 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 Artist Agreement — Pianos on Parade 2018 the time during which the services have not been rendered. 9. 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. 10. 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 Allison Hyde, Arts Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-804-5043 ahyde@auburnwa.gov ARTIST �� c_5 PC rrs- Phone: 20 % - 2c q, (Y - Email: �( 5'C t- K- (�? 6-m,(-« ,C'n 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. Artist Agreement — Pianos on Parade 2018 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. ARTIST F:�—, s£ IC--- N Name 41f,� Signature TAX ID#: -t( - DATE: DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: Artist Agreement — Pianos on Parade 2018 Form IAI-9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) N Business name/disregarded entity name, if different from above rn 4 t Cv N k: o csGlG (L- Q + hT� 6 t f CU cl- Check appropriate box for federal tax classification: C O N S Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate 0.0 ► ❑Exempt payee Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Y P Y (- P - P -P P) N C C a o ❑ Other (see instructions) ► w Address (number, street, and apt. or suite no.) Requester's name and address (optional) CL °L $ Z E l —4-P, A,,, N City, state, and ZIP code List account num er(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose I Employer identification number number to enter. nF7 Certification Under penalties of perjury, I certify that: 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. 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, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person ► / Date ► General Instructions 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 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: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 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 an artnershi income from a U S trade or business 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 States, • 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. y 1 P is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011) AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this day of I 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and �qa C.�' Int ( name) whose address is, 3 9 Z Ldki(address) herein referred to as "ARTIST WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with ARTIST to provide decoration and modification of one piano as a temporary artwork installation 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 VENDOR 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: To artistically alter, paint, modify, decorate a piano in an artistic fashion that does not impact the playability of the instrument. Work will take place in the timeframe between June 1 and July 18, 2018 3. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location, herein referred to as "VENUE". Auburn Game Farm Park, North Annex, 2840 Riverwalk Drive SE, Auburn, Wash. Artist Agreement — Pianos on Parade 2018 4. REQUIREMENTS A. The CITY shall provide the following: • One Piano • Secure location at 2840 Riverwalk Drive SE in which artist can work • Provide a key on loan to access the space • Movement of the piano to outside location for four weeks and storage B. The ARTIST shall provide the following: • Completed artistically modified/painted/decorated piano per application that is reasonably weather resistant • All supplies necessary • Completion by July 18, 2018 • Covering for the floor and reasonable care of interior location 5. COMPENSATION In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST shall receive total compensation of Five Hundred Dollars ($500) service fee, inclusive of travel. 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. 7. 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. 8. 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 Artist Agreement — Pianos on Parade 2018 the time during which the services have not been rendered. 9. 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. 10. 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 Allison Hyde, Arts Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-804-5043 ahyde@auburnwa.gov ARTIST SfaClti �ecC4' Phone: Email: S'Ldugste K cke lmSA/, C0 �kl 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. Artist Agreement — Pianos on Parade 2018 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. ARTIST 5f ACIa ge(,ck Name S r6 � /�& ignature TAX I D#: DATE: 5 CITY OF AUBURN DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: � I,�' 112 Artist Agreement — Pianos on Parade 2018 Form w-9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your i come tax r turn) �Cac�tP TIN on page 3. S an N Business name/disregarded entity name, if different from above m rn Ca Q- C Chec appropriate box for federal tax classification: U) Individual/sole proprietor E]C Corporation El Corporation El Partnership F]Trusuestate nc 4 v ❑ Exempt payee ❑Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P= artnershiP)11- C N a ❑ Other (see instructions) ► aU Address (number, street, and apt. or sujte no.) p(1 Requester's name and address (optional) 9 Sc- (��Y57. a) City, state, and ZIP code %/; s V l/C List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. F—T--� LMjj Certification Under penalties of perjury, I certify that: 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. 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, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. , Sign Signature of Here U.S. person ► Date ► General Instructions Note. If a requester gives you a rm other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are 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 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: 1. 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. • 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 States, • 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. Cat. No. 10231X Form W-9 (Rev. 12-2011) AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this _21 day of r%,A /2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and �a6 (name) whose address is, p 4.�d��es� rein referred to as "ARTIST" WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with ARTIST to provide decoration and modification of one piano as a temporary artwork installation 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 VENDOR 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: To artistically alter, paint, modify, decorate a piano in an artistic fashion that does not impact the playability of the instrument. Work will take place in the timeframe between June 1 and July 18, 2018 3. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location, herein referred to as "VENUE". Auburn Game Farm Park, North Annex, 2840 Riverwalk Drive SE, Auburn, Wash. Artist Agreement — Pianos on Parade 2018 4. REQUIREMENTS A. The CITY shall provide the following: • One Piano • Secure location at 2840 Riverwalk Drive SE in which artist can work • Provide a key on loan to access the space • Movement of the piano to outside location for four weeks and storage B. The ARTIST shall provide the following: • Completed artistically modified/painted/decorated piano per application that is reasonably weather resistant • All supplies necessary • Completion by July 18, 2018 • Covering for the floor and reasonable care of interior location 5. COMPENSATION In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST shall receive total compensation of Five Hundred Dollars ($500) service fee, inclusive of travel. 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. 7. 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. 8. 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 Artist Agreement — Pianos on Parade 2018 the time during which the services have not been rendered. 9. 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. 10. 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 Allison Hyde, Arts Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-804-5043 ahyde@auburnwa.gov ARTIST e// Phone: 0 r Email: c ,f 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. Artist Agreement — Pianos on Parade 2018 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. ARTIST TAX I D#: DATE: e- � 14 61 CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: 6 (1 -g 02 Artist Agreement — Pianos on Parade 2018 Form W'9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not Send to the IRS. Department of the Treasury 3 8 Internal Revenue Service Name (as shown on your income tax return 1 / L J� L Li /� 0 '� �I' Ol O� Q'�✓ / TIN on page 3. N Business name/disregarded entity name, if different from above Employer identification number Q) m nT-� ro C' C Check appropriate box for federal tax classification: oIndividual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate c CL P- ❑ Exempt payee ❑ Limited liability company. Enter the tax classification(C=C corporation, S=S corporation, artnershiP)11- --------------------------------- C N a ❑ Other (see instructions) ► !E Address (number, street, and apt. or suite no.) a3�o( AvQ ash �� //2 w-tf4— Requester's name and address (optional) n dab r W City, state, and ZIP code a� List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other 3 8 - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. nT-� Certification Under penalties of perjury, I certify that: 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. 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, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of L/%A Here U.S. person I- C—', Date ► —� General Instructions 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 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: 1. 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 an artnershi income from a U S trade or business Note. If a requester gives yc 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 States, • 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. y 1 P is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011) AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this .,7-e day of ( 2018 by and between the City of Auburn, Washington, a Municipal Corporation o the State of Washington herein referred to as "CITY" and Frank R. Acosta Jr. whose address is, 5602 296th St Ct E, Spanaway, WA 98387 herein referred to as "CONTRACTOR". WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with CONTRACTOR to, tune and fix two pianos while in storage in Auburn, Washington; and WHEREAS, the CONTRACTOR has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and CONTRACTOR in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF VENDOR The CITY does hereby retain the CONTRACTOR to perform the work and services described herein. The parties agree that the CONTRACTOR is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the CONTRACTOR 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 CONTRACTOR agrees to provide the following specific services: To tune two pianos and providing small fixes to possible others at 2840 Riverwalk Drive SE on Saturday, July 28, 2018. 3. SITE OF PERFORMANCE The CONTRACTOR will conduct its service at the following location, herein referred to as "VENUE". Auburn Game Farm Park, North Annex, 2840 Riverwalk Drive SE, Auburn, Wash. Contractor Agreement — Pianos on Parade 2018 — Piano Movement and Tuning 4. REQUIREMENTS A. The CITY shall provide the following: • Pianos • Access to storage location at 2840 Riverwalk Drive SE in which hired artist Stacia Steuke will provide access B. The CONTRACTOR shall provide the following: • All supplies and equipment needed to tune the pianos to a standard playability 5. COMPENSATION In consideration of the services to the CITY in connection with the CONTRACTOR services, the CONTRACTOR shall receive total compensation of _Four hundred and eighty dollars ($280) service fee, inclusive of travel. 6. PAYMENT The CONTRACTOR shall be paid as outlined in Item 5 above 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 CONTRACTOR shall be in compliance with the regulations of the CITY Finance Department. The CONTRACTOR agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. Payment of two hundred and eighty dollars ($280) will be made out to Frank R. Acosta Jr. and delivered by mail to the CONTRACTOR's designee within 30 days following the performance. The payment to the CONTRACTOR shall be in compliance with the regulations of the CITY Finance Department. The CONTRACTOR agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. 7. INDEMNIFICATION The CONTRACTOR 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 CONTRACTOR, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 8. INABILITY TO PERFORM Contractor Agreement — Pianos on Parade 2018 — Piano Movement and Tuning If CONTRACTOR is incapacitated from rendering services through sickness or otherwise, or if CONTRACTOR cannot perform because of fire, accident, act of God or impossibility of performance, the CONTRACTOR shall not receive any compensation for the time during which the services have not been rendered. 9. TERMINATION In the event the CONTRACTOR 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. 10. 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 Allison Hyde, Arts Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-804-5043 ahyde@auburnwa.gov CONTRACTOR Frank R. Acosta Jr. Frank's Piano Tuning frankspianotuning@gmail.com 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 CONTRACTOR 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. Contractor Agreement — Pianos on Parade 2018 — Piano Movement and Tuning comply with all applicable State and local laws, rules and regulations. CONTRACTOR Name Frank R. Acosta Jr. TAX I D#: 316-82-4403 DATE: 7/26/2018 CITY OF AUBURN DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: 11 M