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Home My WebLink AboutTom Landa - Stomp Productions/Paperboys ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 2~ day of April, 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as IICITYII and Tom Landa, dba Stomp Productions/Paperboys, 158 - 1896 West Broadway, Vancouver, British Columbia, Canada V6J-1Y9 (Telephone: 604-872-1828; 604-738-4782), herein referred to as IIARTIST.II 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 provided herein and thE~ ARTIST agrees to conduct and complete the performance in a compet43nt 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 two-hour concert with one (1) 15-minutEI set break for Auburn's Summer Outdoor Sounds and Cinema series on Friday, July 14,2006, from 7:00 p.m. to 9:00 p.m. (sunset). ARTISr must be on site by 6:00 p.m. for set-up and sound check and be recldy to perform by 6:45 p.m. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park "Volleyball Field", 3030 R Street Southeast, Auburn, Washington. ------------------...-----------..----------- Agreement - STOMP PRODUCTIONS/PAPERBOYS April 17, 2006 Page 1 of 4 Summer Outdoor Sounds & Cinema "^....... '--'-'-"~~~.- 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: Sound equipment consisting of one (1) 24-channel mixer; two (2) powered floor monitors; four (4) powered floor monitors; two (2) direct input boxes; one (1) Nano Verb effects unit; guitar lcables; mic cables; speaker cables; one (1) CD player; and one (1) sound technician to operate the sound 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 Seven Hundred and No/100 Dollars ($1,700.00). 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 provided to the ARTIST by check upon completion of performance on Friday, July 14, 2006. Contracts must be signed and returned by June 5, 2006, for payment on July 14, 2006. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Promotional packet including two black-and-white or colo,r 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 ne~)ligent 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 recE~ive any salary for the time during which the services have not been rendered. ---..---..----------------------------------- Agreement - STOMP PRODUCTIONS/PAPERBOYS April 17, 2006 Page 2 of 4 Summer Outdoor Sounds & Cinema __0._. .____ 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 4:00 p.m. on Friday, July 14, 2006 to determine if the performance will be rescheduled. If rescheduling is not possible within one month, ARTIST is to be paid on the day of the performance. ARTIIST must provide a telephone number where he/she can be reached at 4:00 p. m. on the day of the performance. This 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 98002 ARTIST Tom Landa dba Stomp Productions/Paperboys 158 - 1896 West Broadway Vancouver, British Columbia Canada V9J-1Y9 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 Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. -----...----------------...-----------...-------- Agreement - STOMP PRODUCTIONS/PAPERBOYS April 17,2006 Page 3 of 4 Summer Outdoor Sounds & Cinema .-,--...--. 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. 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 agr,ees to comply with all applicable State and local laws, rules and regulations. -iiN~&~/? STOMP PRODUCTIONS/PAPERBOYS ARTIST TAX #: ~--- -. -~-~" - DATE: -JUf~. 2'1- c) ~ Contact Phone: {POCf ~l ? ~ lf7f< eI >- --' \~ .. . EWIS, MAYOR DATE: ~ [1- \~~ ATTEST: 0fUt{J6~ ~ni Daskam City Clerk Daniel B. Heid City Attorney -------------------..----------------------... Agreement - STOMP PRODUCTIONS/PAPERBOYS April 17, 2006 Page 4 of 4 Summer Outdoor Sounds & Cinema .-.-.--.. RequestforTaxp~YJr, J~~ntlflcatlonNumber & Certlflcatllon .' '" .. ." . ," (Sobstltutit Form W-9) Business Name: As it appears on Federal Tax Return Address: City: State: Zip: 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. o Individual Name: As shown on Social Sec:urily Card Social Security Number: - - ~ Sole Proprietor Business Owner's Name: -=tDl4 L C.U1 d ((' Business Owner's SSN orTIN:: 4 cr 2 2-3- ,-- - cDN . . . - ...)- 0.;) .::> - DBA Company Name: 'flu. P Cf,V+- r' 0 (, 1/ 5 A sole proprietorship may have a .do~ busiless as. (DBA) name, but the repor1able name Is the name of the business owner. The reportabh .fax 10# Is eilher the owner's social securfly number (SSN) or the COIl1lII/lY's T axpapyer ldenlicafion Number (TIN). o Partnership Name of Partnership: Partnership TIN: The reportable TAX ID Number is the Paitne~'s T axpayer Iden1Ification 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 . ~ Co<pomUo" 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 Certification: I certify that the Tax Identification Number I have provided is correct. Name:~ {."<-vi fJ Slgnature~ k~? Phone: (p 0 '-f -=t 3 F i~ 62.. Date: -Tu lUJ 2' ~ () (~ Penalltes: Your failure to provide a correct name and Taxpayer identifICation Number may subject your payments to 28% federal Income IllX 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 violation of Federal Law, we may be subject to civil and criminal penalties. " ;:, , --.-..-._.._.'"__..____~_._..w_~