HomeMy WebLinkAboutGerry Andal & the Roughriders
A3t ~.S
ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 2~ 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 Gerry Andal, dba Gerry Andal and the
Roughriders, c/o Pacific Rim Talent, P. O. Box 250, Bothell, Washington 98041
(Telephone: 425-489-7900), 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 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 followin~ specific services in its artistic
performance: One two-hour concert With one (1) IS-minute set
break for the Auburn's Summer Outdoor Sounds and Cinema
series on Friday, August II, 2006, from 7:00 p.m. to 9:00 p.m.
ARTIST must be on site by 6:00 p.m. for set-up and sound check
and be ready to perform by 6:45 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Washin~ton Elementary
School playfield, 20 E Street NE, Auburn, Washmgton.
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Agreement - Gerry Andal and the Roughriders
April 18, 2006
Page 1 of 4
Summer Outdoor Sounds & Cinema
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4. TECHNICAL REQUIREMENTS
The CITY shall provide the fOllowin~ technical assistance for this performance:
Sound equipment consisting 0 one 24-channel mixer; four (4)
powered floor monitors; two (2) direct input boxes; one (1)
NanoVerb effects unit; ruitar cables; mic cables; speaker cables;
one (1) CD player; one 1) sound technician to set up and run
equipment.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of One
Thousand and NO/l00 Dollars ($1,000.00).
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 Friday, August 11, 2006.
Contracts must be signed and returned by June 7, 2006, for
payment on August 11, 2006.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide the following promotional materials to the CITY:
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 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 anJ
salary for the time during which the services have not been rendere .
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Agreement - Gerry Andal and the Roughriders
April 18, 2006
Page 2 of 4
Summer Outdoor Sounds & Cinema
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10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 4:00 p.m. on
Friday, August 11, 2006 to determine if the performance will be
rescheduled. If rescheduling is not possible within one month,
ARTIST is to be paid on the da~ of the performance. ARTIST
must provide a telephone num er where he/she can be reached
at 4:00 p. m. on the day of the performance. This contact
number must be included on the returned signed contract.
11. 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.
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 Gerry Andal
Gerry Andal and the Roughriders
c/o Pacific Rim Talent
P. O. Box 250
Bothell, WA 98041
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.
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Agreement - Gerry Andal and the Roughriders
April 18, 2006
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Summer Outdoor Sounds & Cinema
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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.
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.
GE RY DAL
GER ANDAL AND THE ROUGH RIDERS
ARTIST TAX #: .
DATE: ~-L."L.-ob
Contact Phone: ~~ - It'3> ~ - ~ Lt-E:> S-'
CITY OF AUBURN
~:\~ ~
PETER . LEWIS, MA(OR L
DATE: S \" ~
ArrEST:
1JaJ;;u-~'
Dani Daskam
City Clerk
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Agreement - Gerry Andal and the Roughriders
April 18, 2006
Page 4 of 4
Summer Outdoor Sounds & Cinema
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Reque~tforTa)(p~y~n:I(f,entiflcationNumber & Certification
. .. .... (Substitute Form W-9)
Business Name: .G~,,-~ LJ. ~DAL-..-
b~(~ --\-\- As it appears on Federal Tax Retum
Address: -4-0 91 N~
City: MML1S\J l L.L.-~ State: ~ ~ Zip: ~~'2.7~
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.
~dividual Name: r;; ~ (Z.~ ~ . -AN D,ArL-
As shown on Social Security Card
Social Security Number: ~~\ - 4-,+ - l2l7
o Sole Proprietor Business Owner's Name:
Business Owner's SSN orTIN: ·
DBA Company Name:
A sole proprietorship may have a 'doiriI business as' (DBA) name, but the reportable name is the name of the business owner. The reportable Tax 10# is either the owner's
social securlly number (SSN) or the company's Taxpapyer Identifica1lon Number (TIN).
o Partnership Name of Partnership:
Partnership TIN:
The reporlable TAX 10 Number 15 the Partnership's Taxpayer ldentilicatlon Number (TIN) .
o Corporation or . Name of Corporation/Entity:
Exempt Entity
Employer Identification #(TIN):
Mark the qualifying exemption reason: To be used as a unique identifier for our records
~ C~~"
Exempt from tax under 501(a) or other Intemaf 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
Name: G W '~DA-1- Signature:
Phone:A-"2...~ - 4-3 i.... i \fa r- Date:
Penalltes: Your failure to provide a correct name and Taxpayer IdentifICation Number may subject your payments to 28% federal income 1ax backup willi
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 10 civil and criminal penalties.
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