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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this ~.'-' 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" Elspeth MacDonald, dba YerbabUt~na, 727
South Trenton Street, Seattle, Washington 98108, (Telephone: 206-767-8301 ), 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..rcrovided 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 followin9. specific services in its artistic
performance: One two-hour concert With one 15-minutt! set break
for Auburn's Summer Outdoor Sounds and Cinema, on IFriday,
July 21, 2006, from 7:00 p.m. to 9:00 p.m. (sunset). ARTIST
must be on site bt 6:00 p.m. for set-up and sound check and be
ready to perform y 6:45 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Par~c,
"Volleyball Field", 3030 R Street Southeast, Auburn, Wl:lshington.
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Agreement - YERBABUENA
April 18, 2006
Page 1 of 4
Summer Outdoor Sounds & Cinema
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the fOIlOWi~ 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; spealter cables;
one (1) CD player; one 1) sound technician to set up cmd 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 lOne
Thousand One Hundred and No/l00 Dollars ($1,100.0lO).
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, July 21,2006. C:ontracts
must be signed and returned by June 7,2006, for payment on
July 21, 2006.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide 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 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 a~
salary for the time during which the services have not been rendere .
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Agreement - YERBABUENA
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, July 21, 2006 to determine if the cerformance 'Will be
rescheduled. If rescheduling is not possi Ie within om! month,
ARTIST is to be paid on the day of the performance. ARTIST
must provide a telephone number where he/she can be reached
at 4:00 p. m. on the day of the performance This cont.:sct 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 remeclies 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 Elspeth MacDonald
dba Yeerbabuena
727 S Trenton ST
Seattle, WA 98108
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 clnd all
~estions with respect hereto shall be determined by the laws of
teState of Washington.
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Agreement - YERBABUENA
April 18,2006
Page 3 of 4
Summer Outdoor Sounds & Cinema
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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.
ART~
Et- M"~
ForYERBABUENA
ARTIST TAX #: (
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DATE: 3"' Z 2 ~O~
Contact Phone: 20 to - -70 7 - C( 36/
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IS'fA,OR
DATE: )" l ex
ATTEST:
~aM~
Dani Daskam
City Clerk
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Agreement - YERBABUENA
April 18, 2006
Page 4 of 4
Summer Outdoor Sounds & Cinema
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Request for Taxp:~ye~ J~entlficatlon Number & Certification
. (ST FOfm 1)
Business Name:' a~/kt/J '}tr/q[ /JYJuA
I. ~As it BP(f;/'S on Federal Tax Retum
Address: 7 ;;. 7 5 ' /l'fP7 Yl
City: S" uff./~ State: t.-J It- Zip: q K7 tfF"
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.
CzJ Individual Name: ClsAf[ PJlaa:b,c.1d
As shown on Social Sel:urity Card
Social Security Number: fJo'7 - 7'1 - 1050;
~ Sole Proprietor Business Owner's Name: 6k/U ~ J1Iqa;{~d cI
. .... f (J{X7-7'-/-~;01
Business Owner's SSN orTIN: :
DBA Company Name: r5
,
A sole proprietors~ may have a'~ business as' (DBA) name, but the reportable name Is the name of the business owner, The reportabb Tax 10# Is either the owner's
social security number (SSN) or the oompany's T axpapyer Identification Number (TIN).
o Partnership Name of Partnership:
Partnership TIN:
The reportable TAX 10 Number Is the Paitnershlp's Taxpayer identification 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
~ ~~.~
Exempt from tax under 501(a) 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
Certiflcatlon: r certify that the Tax Identlficatlon Number I have provided i~rrect.
Name: Gruff. tJfu(~w.Jj S~nature: ~~I
Phone: 2JJlp -7 t 7 ~ J 0 I Date:;l ~
Penalltes: Your failure to provide a correct name and Taxpayer identifICation Number may subject your payments to 28% federal Income tax backup with
holding, If you do not provide us with Information, you may be subject fo a $50,00 penalty Imposed by the IRS under Section 6723,
Confidentiality: If we disclose or use your Taxpayer Identification Number In violalion of Federal Law, we may be subject to clvN and criminal penalties,
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