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Home My WebLink AboutEric Herman Music f... -::S. 1(;.., .s ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this d f!:: day of April, 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Eri~ndres, dba Eric Herman Music, 1107 Thayer Drive, Richland, Washington 99354 (Telephone: 509-943-1547), herein referred to as "ARTIST." WHEREAS, the CIlY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the CIlY has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CIlY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST The CIlY 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 in its artistic performance: One fifty-minute ceerformance for Auburn's Kids' Summer Sounds series on We nesday, August 2, 2006, from 12:00 noon to 1:00 p.m. ARTIST must be on site by 11:00 a.m. for set-up and sound check and be ready to perform by 12:00 noon. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 11th ST SE and Auburn Way South, Auburn, Washington. m-------------------------------------- greement - Eric Herman Music ,pril18,2006 Page 1 of 4 Kids 50S _"_._~.,.._"._m_.~__._,_____~~_..,_~__.". 4. TECHNICAL REOUIREMENTS The CIlY shall provide the following technical assistance for this performance: PA system with one wireless hand-held microphone. 5. COMPENSATION In consideration of the services to the CIlY in connection with the artistic performance, the ARTIST shall receive total compensation of Four Hundred Fifty and No/100 Dollars ($450.00). 6. PAYMENT The ARTIST shall be paid by the CIlY for the completed work and performance in compliance with the terms of this ~reement. Such payment shall be full compensation for all work Re ormed and services rendered under the terms of this Agreement. T e payment to the ARTIST shall be in compliance with the regulations of the CIlY 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 provided to the ARTIST by check upon completion of performance on Wednesday, August 2, 2006. Contracts must be signed and returned by June 7, 2006, for payment on August 2, 2006. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall rrovide the following promotional materials to the CIlY: Promotiona packet including two black-and-white or color images, biographies, and/or company information. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CIlY, 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. INABILIlY 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 anJ salary for the time during which the services have not been rendere . ---...------...---------------------------...---- Agreement - Eric Herman Music April 18, 2006 Page 2 of 4 Kids 50S - ...'-----.-..-.----- 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 9:00 a.m. on Wednesday, August 2, 2006, to determine if the performance will be moved mdoors to the Auburn Senior Activity Center, 808 Ninth Street SE, Auburn, Washington. ARTIST must provide a telephone number where he/she can be reached at 9:00 a. m. on the day of the performance. The contact number must be included on the returned signed contract. 11. TERMINATION In the event the ARTIST or the CIlY defaults or fails to comply with any of the requirements of this Agreement or any obligations hereunder, the CIlY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 12. 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 Laurie Rose Ci~ of Auburn 91 Ninth Street SE Auburn, WA 98002 ARTIST Eric Endres dba Eric Herman Music 1107 Thayer Drive Richland, Washington 99354 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 A~reement may not be changed or modified nor any provision hereo waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all 3,uestions with respect hereto shall be determined by the laws of teState of Washington. ---------........----...---------......-----...--------.. Agreement - Eric Herman Music April 18,2006 Page 3 of 4 Kids 50S ---,,_. -,.._"""-"-~.., D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CIlY 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 ~~ ERI ENDRES ERIC HERMAN MUSIC ARTIST TAX #: DATE: s-/r., /0 (. Contact Phone: i->>,.. 7 V1, IsY? CI / =- t-<7 DATE: ATTEST: ~M fJ~' Dani Daskam City Clerk -------------------.......---.....---------------- Agreement - Eric Herman Music April 18, 2006 Page 4 of 4 Kids 50S .~~._~.,..._-- Requestfor.Ta)(p~y~r; J~EtntificationNumber' & Certification '. . .... ... ,.' , (Substitute Form W-9) Business Name: ~~I\C E'~ '~ As it appears on Federal Tax Return Address:J01 1l,W' DV. City: /-t ~ (~ State: VA Zip: ~C;JS'j( TAX STATUS: Please provide the following information for the category that describes the tax structure of your business. Please provide all requested information for your category. ~ Individual r-- \ ~~ Name: ~YI C As shown on Social Se<:urity ~ Social Security Number: Oft> - <ft;, - ~f ( (; o Sole Proprietor Business Owner's Name: Business Owner's SSN orTIN: : DBA Company Name: A sole proprietorship may have a .~ business as' (DBA) name, but lhe reportable name is the name of lhe business owner. The reporfabb Tax 1D# Is either the owner's sodal security number (SSN) orlhe company's Taxpapyer Identification Number (TIN). D Partnership Name of Partnership: Partnership TIN: The repol1able TAX 10 Number is lhe Partnership's Taxpayer kIentlfication Number(TIN). D Corporation or Name of Corporation/Entity: Exempt Entity Employer Identification #(TIN): Mark Ule qualifying exemption reason: To bo used as a unique identifferfor our records ~ C~~" Exempt from tax under 501(8) or other Internal Revenue Code exemption Federal, State, or Local governmental agency or instrumentalities Non-resident alien individual or foreign corporation, partnership, estate or trust Certification: l certify that the Tax Identification Number I h~VfV.Q:::orrect. Name: eV1~ F~ Signature: ~ Phone: s-o,-1t(3-/sY7 Date: .rifT 0' Penalltes: Your failure to provide a correct name and Taxpayer ldentifrcation Number may subject your paymenls to 28% federal income "IX backup with holding. If you do not provide us with Intonnation, you may be subject to a $50.00 penalty imposed by the IRS under Section 6723, Confidentiality: If we disclose or use your Taxpayer Identification Number in violation of Federal Law, we may be subject to civil and criminal penalties, .. '., , --'--'-'--"