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HomeMy WebLinkAboutJanet Rayor Stiltwalker A~. 1(,...5 ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ;(gb day of Aprilj, 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Janet Ray,rpr, dba Janet Ra~(or V L/ Stiltwalker, 110 North 87th Street, Seattle, Washington 98103 (Telephone: 206-706- 3322), herein referred to as "ARTIST. II WHEREAS, the CITY desires to contract with the ARTIST to provide em 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, and all other incidentals except as specifically rrcrovided herein and the ARTIST agrees to conduct and complete the pe ormance 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 artisJ!c performance: One two-hour roving performance for Auburn's 4 of July festival on Tuesday, July 4, 2006, from 11:00 a.m. to 1:00 p.m. ARTIST must be on site by 10:30 a.m. for set-up. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, :IL1th ST SE and Auburn Way South, Auburn, Washington. -...---.........-----------...-----...----------...---.....- Agreement - Janet Raynor Stiltwalker April 18,2006 Page 1 of 4 4th of July 2006 -,- '-, ._.._~._-'"'_.",.~~._--".,,_.,-_._- 4. TECHNICAL REOUIREMENTS The CITY shall provide the fOllOWinG technical assistance for this performance: Dressing Room. bv\ ~ ~ . 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Three Hundred and NO/100 Dollars ($300.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this A~reement. Such payment shall be full compensation for all work pe ormed 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 provided to the ARTIST by check upon completion of performance on Tuesday, July 4, 2006. Contracts must be signed and returned by June 5, 2006, for payment on July 4, 2006. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall Frovide the following promotional materials to the CITY: Promotiona packet including two black-and-white or c:olor images, biographies, and/or company information. 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 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 neglligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rendering services through sicl<ness 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 - Janet Raynor Stiltwalker April 18,2006 Page 2 of 4 4th of July 2006 w.... _...___~,.___...__._._~_.. . 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 9:00 a.m. on Tuesday, July 4, 2006, to determine if the performanct! will be moved mdoors to the Auburn Senior Activity Center, 8l[)8 Ninth Street SE, Auburn, Washington. ARTIST must provide a telephone number where he/she can be reached at 9:()0 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 CITY 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 City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Janet Ralt~~ ~ P- ~ 0 L dba Janet a r Stil ker 110 North 87 ST Seattle, WA 98103 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 parti1es. C. This Agreement shall be construed in accordance with and all ~estions with respect hereto shall be determined by the laws of teState of Washington. -----...-..-...--.....--------------....----.....------- Agreement - Janet Raynor Stiltwalker April 18,2006 Page 3 of 4 4th of July 2006 I -,. .._.~.,,---_.~,_._-_._,,------.._..._--..----....._---'"-----,,---,,-_._----- .----- D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcin';;J 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 nd regulations. DATE: Contact Phone: ~ (p ('D", - 332--- L-- CITY OF AUBURN DATE: S" (\, OC_ ATTEST: ;J tuSu IJd~ Dani Daskam City Clerk -------------------------------...---------- Agreement - Janet Raynor Stiltwalker April 18,2006 Page 4 of 4 4111 of July 2006 ~..._..,,----_.,..._-_._- Request for Taxp~yer, l(ientificatlon Number& Certification ( ,f!D .~ . ._FonuW-91 f\J /1 N t Business Name: ~, 0 Address: _Il 0 N. 9-1 +T{~rs - - City: ~'t!J~_ State:_tU>4-- Zip: 1~1()~~ 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. ~IVldual Name: J~"SOO~,.:~~ () R Social Security Number: ?~~ -<:gO -~7 Or / o Sole Proprietor Business Owner's Name: Business Owner's SSN or TIN:: DBA Company Name: A sole proprietorship may have a .~ business as. (DBA) name, but the repol1able name is lhe name of the business owner. The reportabl! Tax 10# is either the owne(s social security number (SSN) orthe company's Taxpapyer IdenlificaIion Number (TIN), o Partnership Name of Partnership: Partnership TIN: The mportable TAX 10 Number is the P~'s Taxpayer Identification Number (TIN) . o Corporation or Name of Corporation/Entity: Exempt Entity Employer Identification #(TIN): Mark the quaUfylng exemption reason: To be used as a unique Identifier for our records . ~ Co"",,.,,,, Exempt from tax under 501(a) or other Internal Revenue Code exemption Federal, State, or Local govemmental agency or Instrumentalities Non-resident alien Individual or foreign corporation, partnership, estate or trust Certification: I certify that the Tax Identification Number I Name:~e-r ~ Sign Ol~ Phone:{IJ-O~/O ~ -~ 2---7./ Penalftes: Your failure to provide a correct name and Taxpayer Identification Number may su your payments to 28% federal Income 1<IX backup with holding. If you do not provide us with infonnation, 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, ., '"" , -....".- .