HomeMy WebLinkAboutSoul'd Out - Frank Grabner
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ORIGINAL
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 02~ 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 Frank Grabner, dba Soul'd Out, c/o
Pacific Rim Talent, P. O. Box 250, Bothell, Washington 98041 (Telephone: 425-489-
7900), 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 ARTI,ST 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 followin~ specific services in its artistic
gerformance: One two-hour concert with one (1) 15-milnute set
reak for Auburn's Summer Outdoor Sounds and Cinema, on
Friday, July 28, 2006 from 7:00 p.m. to 9:00 p.m. (SUmiie~.
ARTIST must be on site by 6:00 p.m. for set-up and SOlin check
and be ready to perform by 6:45 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Parle:
"Volleyball Field", 3030 R Street Southeast, Auburn, W,ashington.
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Agreement - SOUL'D OUT
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; ol1le (1)
NanoVerb effects unit; ~uitar cables; mic cables; spea~(er cables;
one (1) CD player; one 1) sound technician to set up clnd 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 One
Thousand One Hundred and NO/l00 Dollars ($1,100.00).
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 28, 2006. Contracts
must be signed and returned by June 7,2006, for payment on
July 28, 2006.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide the following promotional materials to the CIlY:
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 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. INASILIlY 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 .
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Agreement - SOUL'D OUT
April 18, 2006
Page 2 of 4
Summer Outdoor Sounds & Cinema
10. PERFORMANCE RAINOUT
In the event of rain, the CIlY will contact the ARTIST by 4:00 p,.m. on
Friday, July 28, 2006 to determine if the cerformance will be
rescheduled. If rescheduling is not possi Ie within on.~ 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 contclct 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
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 giv<en 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 Frank Grabner
dba Soul'd Out
c/o Pacific Rim Tallent
P. O. Box 250
Bothell, WA 98041
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.
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Agreement - SOUL'D OUT
April 18,2006
Page 3 of 4
Summer Outdoor Sounds & Cinema
C. This Agreement shall be construed in accordance with <and all
~uestions with respect hereto shall be determined by tile laws of
teState of Washington.
D. The ARTIST agrees to pay all reasonable costs, attorney's fees and
expenses that may be incurred by the CIlY in enforcinl;) 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
.~~
FRANK GRABNER
For SOUL'D OUT
ARTIST TAX #:
DA1E: c!up.f>
Contact Phone: 20& -2Z 7 -1117 (~
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DATE: S- \ \ ex:..
ATTEST:
~~.
Dani Daskam
City Clerk
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Agreement - SOUL'D OUT
April 18,2006
Page 4 of 4
Summer Outdoor Sounds & Cinema
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RequestforTa)[p~y:&r,I~~ntificatlonNumber' &,Certificatiion
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Business Name: fiz;tA1t 4 ~;tG;P.
Address: {QZZ ;Vii- 1~1f1 S;..a:pears on Feders', Tax Return
City: Lt). kt tS'4Ji !~/(C State: tJA Zip: qB/~J-
TAX STATUS: Please provide the following information for the category that describes the tax I
structure of your business. Please provide all requested information for your category.
r@~ Name:
As shown on Social Security Card
Social Security Number: - -
D Sole Proprietor Business Owner's Name:
Business Owner's SSN or TIN: :
DBA Company Name:
A sole proprietorship may have a .doilg business as. (DBA) name, but the reportable name Is the name of the business owner, The reportablEl Tax 10# Is either the owner's
social security number (SSN) or Ihe alIl1P8ny's Taxpapyer Identification Number \!IN)'
~ Partnership Name of PartnershiP)bA. ,S;-IJ (I d (}Jr (fi;l~tL &rz~~
531-5l~-3~6Z
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 qualliytng exemption reason: To be used as a unique identlfler for our records
. ~ Cmpo",'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: f7z/t;v,,- firM.e~EA Signature: ~ ~~
Phone: 2;' -3'-1-'f1{)
Date: ,,12~/~
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Penalites: 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 infonnallon, you may be subject fo a $50.00 penalty imposed by the IRS under Section 6723.
Confidentiality: If we disclose or use your Taxpayer Identiflcation Number in violation of Federal Law, we may be subject to c1vfl and cr1minal penalties.
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