Loading...
HomeMy WebLinkAboutYerbabuena A "?>. I v.', 5 ORIGINAL AGREEMENT FOR ARTISTIC SERVICE b 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. -------------------.....---.....----------..-----.. Agreement - YERBABUENA April 18, 2006 Page 1 of 4 Summer Outdoor Sounds & Cinema ----..-.-----------... 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 . ________________________00__________________ Agreement - YERBABUENA April 18,2006 Page 2 of 4 Summer Outdoor Sounds & Cinema _. ........---- -_..._~._- 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. -----------------------.....------------------ Agreement - YERBABUENA April 18,2006 Page 3 of 4 Summer Outdoor Sounds & Cinema -.. ...._~._., -----.---------....-- --- 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 #: ( . DATE: 3"' Z 2 ~O~ Contact Phone: 20 to - -70 7 - C( 36/ ~ t- '--...J ~ IS'fA,OR DATE: )" l ex ATTEST: ~aM~ Dani Daskam City Clerk ------------------------------------------- Agreement - YERBABUENA April 18, 2006 Page 4 of 4 Summer Outdoor Sounds & Cinema -, - ----.-.----.... - .~--,,--- _.._~----- 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, '. '., , _. '---_...^.._-_.~--_.