The URL can be used to link to this page

Home My WebLink AboutRoberto the Magnificent JA.~). \ Co. S ORIGINAL AGREEMENT FOR ARTISTIC SERVICE IA. THIS AGREEMENT is made and entered into this ,J8'';,/' 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 Robert Stuverud, dba Roberto the Magnificent, P. O. Box 686, Edmonds, Washington 98020 (Telephone: 425-774-4098), 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 following specific services in \W artistic tij performance: One 45-minute performance for Auburn's 4 of July festival on TueSday, July 4, 2006'i~ Illi ........ L_ I.... ....._. ~aQr"'" f'Q 3:1S'f'""\ ARTIST must be on site by li.38 .. . or set-up and sound check ttf and be ready to perform by l11i ,..,.. mt.@. 3. ~;JO r"'" tJ SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 11th ST SE and Auburn Way South, Auburn, Washington. -------....----------..----------------------- Agreement - Roberto the Magnificent April 18, 2006 Page 1 of 4 4th of July 2006 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: PA system with one wireless handheld microphone. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Nine Hundred and NO/l00 Dollars ($900.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Arflreement. 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 7, 2006, for payment on July 4,2006. 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 . ------------------------------------------- Agreement - Roberto the Magnificent April 18, 2006 Ptf:ge 2 of 4 4 of July 2006 --.~,_.,_......- 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 performance will be moved mdoors to the Auburn Senior Activity Center, SOS 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 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 9S002 ARTIST Robert Stuverud dba Roberto the Magnificent P. O. Box 6S6 Edmonds, WA 9S020 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 ~estions with respect hereto shall be determined by the laws of teState of Washington. --------------------------........----------...--- Agreement - Roberto the Magnificent April 18, 2006 Page 3 of 4 4th of July 2006 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. ARTIST ~M ,. -~ RO ERT STUVERUD ROBERTO THE MAGNIFICENT ARTIST TAX #: ( DATE: 5-1., /0 b Contact Phone: ~'l'i) 77'1- '1D 1? CITY OF AUBURN ~~~ ~ ~ PETER B. LEWIS, MAYOR DATE: S ( ~ ~ ~ ATTEST: j)~~, Dani Daskam City Clerk ---------...----------------------..---------- Agreement - Roberto the Magnificent April 18, 2006 Page 4 of 4 4111 of July 2006 ._...., ". -,.,-~--~~_.~._--".._-_._-- Requestfor.Ta)(p~y~r; J~,entiflcatlonNumber & Certiflcatlon .. '. ... .' '(Sobstltute Form W-9) Business Name: (427tp FILO) f::~ felt rA, l '" pYI f::-~ ~ As it appears on Federal Tax Return Address: p.O 130'1 6 t"{, City: EOMc"JD S. State: vV II- Zip: 1P02-.o TAX STATUS: Please provide the following information for the category that describes the tax structure of your business. Please provide all requested information fqr your category. D Individual Name: As shown on Social Security Card Social Security Number: - - gsole Proprietor Business Owner's Name: Ro B f: Il. (" 5',lA. v (;:en. 0 f) Business Owner's SSN or-TIN: : ~-31- 0'2" 3v'f r DBA Company Name: {l::-ft-P Prt:J5 f::-p., ((: ft M,'/V wtc:- -,., 7' A sole proprietorship may have a 'doi1g business as" (DBA) name, but lhe reportable name Is lhe name of lhe business owner. The reportable Tax 1D# Is either the owner's soclal security number (SSN) or lhe oompany's Taxpapyer Idenfificatlon NurOOer (TIN). D Partnership Name of Partnership: Partnership TIN: The repol1able TAX 10 Number Is lhe Partnership's Taxpayer kIentffication Number (TIN) . D 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 . ~ eoopom'oo 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 have provided is correct. Name: #~ .if..... V't: <Lv P Signature: :tff-,;f-~ -/ Phone: Iflr 77'-(- '10 ?d Date: !J1t 10 {. Penalites: Your failure to provide a colTeCt name and Taxpayer Identification Number may subjecl your payments to 28% federal income lax backup with holding. If you do not provide us with Infannation, you may be subject fa a $50.00 penalty imposed by the IRS under Section 6723. Confidentiality: If we disclose or use your Taxpayer ldenlification Number In violation of Federal Law, we may be subjecllo civil and criminal penallles. \:, , , .._._-"^-_.__._~--,."~.._~--