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Home My WebLink AboutJoel Brantley A~, IlP.5 ORIGINAL AGREEMENT FOR ARTISTIC SERVICE b, THIS AGREEMENT is made and entered into this;).f 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 Joel Brantley, 13012 East 33rd Court, Spokane, Washington 99206 (Telephone: 509-921-1120), herein referred to as .. ARTIST. .. WHEREAS, the CIlY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the CIlY has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CIlY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST The CIlY 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 provided herein and the ARTIST agrees to conduct and complete the performance 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 artistic performance: One fifty-minute cCerformance for Auburn's Kids' Summer Sounds series on We nesday, July 19, 2006, from 12:00 noon to 1:00 p.m. ARTIST must be on site by 11:00 a.m. for set- up and sound check and be ready to perform by 12:00 noon. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 11th ST SE and Auburn Way South, Auburn, Washington. --------~------------------------- Agreement - Joel Brantley April 18, 2006 Page 1 of 4 Kids 50S . ~_._.._--_. I I 4. TECHNICAL REOUIREMENTS The CIlY shall provide the following technical assistance for this performance: PA system with one wireless hand-held microphone. 5. COMPENSATION In consideration of the services to the CIlY in connection with the artistic performance, the ARTIST shall receive total compensation of Seven Hundred Fifty and No/100 Dollars ($750.00). 6. PAYMENT The ARTIST shall be paid by the CIlY 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 CIlY 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 Wednesday, July 19, 2006. Contracts must be signed and returned by June 7, 2006, for payment on July 19, 2006. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall rrovide the following promotional materials to the CIlY: 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 CIlY, 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 CIlY, its agents, representatives or employees. 9. INABILIlY 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 . ---------~---------------------- Agreem Joel Brantley April 18, 2006 Page 2 of 4 Kids 50S . H. .. '<________._ I 10. PERFORMANCE RAIN OUT In the event of rain, the CIlY will contact the ARTIST by 9:00 a.m. on Wednesday, July 19, 2006, to determine if the performance will be moved mdoors to the Auburn Senior Activity Center, 808 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 CIlY defaults or fails to comply with any of the requirements of this Agreement or any obligations hereunder, the CIlY 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 Joel Brantl~ 13012 E 33 CRT Spokane, WA 99206 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. --------~----------------------- Agreem - Joel Brantley April 18,2006 Page 3 of 4 Kids 50S I D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CIlY 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 ~~ JOEL B T[ ?5~ -ARTIST T~1:- DATE: 5,.. IS -oCt; Contact Phone: s,q - 9'2/- 1120 CI ~ . LEWIS, MAY~ DATE: ~ (l. ArrEST: ~ Da..t~ Dani Daskam City Clerk ------...--------------------...--------------- Agreement - Joel Brantley April 18, 2006 Page 4 of 4 Kids 50S "----_.---.._--- I RequestforTaxp~y~r;l~entificatlonNumber' & Certification . ...... ." , (Substitute Form W-9) Business Name: . <Joe j !3r<l-rrI!1. . , -rei As it a pears on Federal Tax Return Address: 130 I Z. E.. 33 - ~v..('t City: ~fle., State: WA- Zip: qq2..0tp 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. D Individual Name: As shown on Social Security Card Social Security Number: - - ~ole Proprietor Business Owner's Name: Jocl Bvo.{)t~ Business Owner's SSN orTIN:. 534 - q-4... 03QQ DBA Company Name: ~ A sole proprietorship may have a'doilg business as' (DBA) name, but the repOI1abIe name is the name of the business owner. The reportable Tax 10# is either the owner's soclal security number (SSN) or the rompany's T axpapyer ldenlilication NuJOOer (TIN). D Partnership Name of Partnership: Partnership TIN: The reportable TAX 10 Number is the Partnership's Taxpayer ldenllfication 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 ~ ~UO, 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: ()eel BrQ()+]e,i Signature: ~~ Phone: SOC( - q 2..1 --I) ~O Date: Penalites: Your failure to provide a correct name and Taxpayer identifICation Number may subject your payments to 26% federal Income lax backup with holding. If you do not provide us with Information, you may be subject fo a $50.00 penally 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 clvil and crlmlnal penalties. ',. ~., , .....,----