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HomeMy WebLinkAboutWon Israel A~.lb..s , ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~ day of June, 2006, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Won Israel, whose address is c/o Leapfrog Entertainment, PO Box 686, Edmonds, WA 98020, herein referred to as "ARTIST" (Telephone: 800-330-5196). WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the ARTIST 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 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 (1) fifteen minute pre-show roving set and One (1) forty-five stage show for Auburn's 4th of July Festival on Tuesday, July 4, 2006, from 1:00pm to 2~:00pm. ARTIST will be on site by 12:30pm for set-up and/or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 11th Street SE and Auburn Way South, Auburn, WA, herein referred to as "VENUE" --------------------------------------------------------------- 4th of July 2006 Agreement - <<Artist>> June 2006 Page 1 of 4 .___ '0... _" ,_"._L.'__ _._.. .._._.______.__'-_."_.....___,,___ , 4. REQUIREMENTS The CITY shall provide the following for this performance: PA system wI one wireless handheld mic 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Four hundred and nO/l00 ($400,,00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed 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 delivered to thE! ARTIST's company manager or hiS/her designee immediately following the performance, July 4, 2006 . 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: 8. INDEMNIACATION 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 perfonmance 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 any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. --------------------------------------------------------------- 4th of July 2006 Agreement - <<Artist>> June 2006 Page 2 of 4 ~ , --.. .._,.~~- 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contac the ARTIST by 9:00am on Tuesday, July 4, 2006, to determine if the performance will be moved indoors to the Auburn Senior Activity Center, 808 Ninth St. SE, Auburn, WA. ARTIST must provide a t,elephone number where ARTIST can be reached at 9:00am on the day of the perf'ormance. 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 eaclh 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, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Won Israel c/o Leapfrog Entertainment PO Box 686 Edmonds, WA 98020 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. 12. 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 Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. --------------------------------------------------------------- 4th of July 2006 Agreement - <<Artist>> June 2006 Page 3 of 4 -----_._~..- _.. --,-----,.,-_._~.~.- . 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. ARn~~ ARTIST TAX 10#: : DATE: 6 ~CZc)~C)6 c ~ __. ~ d_----:> PETER B. LEWIS, MAYOR IJUN 112lDi DATE: --------------------------------------------------------------- 4th of July 2006 Agreement - <<Artist>> June 2006 Page 4 of 4 ...." _.,._.___M,__.... . Reque~tforTa)(p~YJr; J~ttntificationNumber' & Certlflcatlon . . ." ." (Substitute Form W-9) , - BusinessName:' Ao.ve- .-Lsrc;,el &'n-r/ /t./ LL C . . As it appears on Federal T~x Return Address: 11/ (;2 P~/,4 Th ~7, City: &-~rz-// State: U/~, Zip: 90011 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. o Individual Name: As shown on Social Se<;urity Card Social Security Number: - - o Sole Proprietor Business Owner's Name: Business Owner's SSN or TIN: : DBA Company Name: A sole proprietorship may have a .~ busi1ess as' (DBA) name, but the repor1able name Is the name of the business owner. The reportable Tax 10# Is either the owne(s social securfly nurmer (SSN) or the oompany's T axpapyer Idenlllication Number {!IN). ~ Partnership Name of Partnership: ~Ol/e- ../S~ e/,liiM//V LLc . I' Partnership TIN: 3 j Of 766S--? The reportable TAX 10 Number is the Pailnelship's Taxpayer Identilication Number (TIN) . o Corporation or Name of Corporation/Entity: Exempt Entity Employer Identification #(T/N): Mark the qualifying exemption reason: To be used as a unique Identifielr for our records ~~tlOO Exempt from tax under 501(a) or other Intemal Revenue Code exemption Federal, State, or Local governmental agency or instrumentalities Non-resident alien Individual or foreign corporation, partnership, estate or trust Certification: I certify that the Tax Identification Num~e provo 7:5. GJ .. .Name: U/C>M 1.~riG'L Signature: .... Phone: ~6) ~. 0 - . i)..."7- / Date: b' '0 / , Penalltes: Your failure to provide a correct name and Taxpayer Identification Number may subject your payments to 28% federal Income tlX backup with holding. If you do not provide us with intonnalion, 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 to civil and crtmlnal penalties. \." , -~"_._--._-,_.,,--._----_.