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Home My WebLink AboutCharlie Williams dba Noiseguy A3.Ib.S ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this L day of ~ 2006, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washin9ton herein referred to as "CITY" and Charlie Williams dba Noiseguy whose address is, 22651 SE S6th St, Issaquah, WA 98029 (425-427-6299; noiseguy@hotmail.com) herein referred to as "ARTIST" . WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic pmformance 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) 45-minute performance of "Seasoned Greetings/Holiday Program" at the Auburn Riverside Theatre on Saturday, December 9, 2006 at 2:00 pm as part of the Kids' BRAVO series. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Riverside Theatre, 501 Oravetz Road, Auburn, WA, herein referred to as "VENUE". 4. REQUIREMENTS A. The CITY shall provide the following for this performance: All promotion of performance, including press releases, paid advertising, radio public service announcements, brochures and postcards; box office management and staffing; ushers and front-ot-house staffing; performance programs; rental of Auburn Riverside Theater for load-in, rehearsal and --------------------------------------------------------------- Kids' BRAVO 2006-2007 Agreement - Charlie Williams/Noiseguy Page 1 of 4 ._....._-_.._._---_.-.~..._.._..._-------,--- matinee performance on Saturday, December 9,2006 B. The ARTIST shall provide the following for the performance: Provide, scores and parts for the company and pay all fees (if any) associated with public performance of music;engage and rehearse the company; provide program copy, biographies, and photographs of performing artists for performance program and public relations materials. C. Technical Requirements: The CITY shall provide the following technical assistance for this performance: The CITY will assist with coordination of technical services between the VENUE and the ARTIST. The CITY agrees to provide technical labor for this production, as detailed in the ARTIST'S technical rider and as approved by the technical director of the VENUE and the ARTIST. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of $300.00 (three hundred and no/100.) The ARTIST shall be provided up to eight (8) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CIITY with a guest list prior to the performance. 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 DepartmEmt. 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 performam:e, Saturday, December 9,2006. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Section 4. 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 infringemenlts 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 oxcept --------------------------------------------------------------- Kids' BRAVO 2006-2007 Agreement - Charlie Williams/Noiseguy Page 2 of 4 -...- -'---~---_._~._._._--,._._---_. ------------..-..- 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 CIITY to reschedule the performance(s) at a mutually agreed upon date. 10. 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. 11. 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 ce,rtified mail addressed to the respective parties as follows: CITY Laurie Rose, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, W A 98002 ARTIST Charlie Williams dba Noiseguy 22651 SE 56th St Issaquah, W A 98029 (425-427-6299; noiseguy@hotmail.com) Either party may at any time designate a different address to which notices shall b4~ 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. --------------------------------------------------------------- Kids' BRAVO 2006-2007 Agreement - Charlie Williams/Noiseguy Page 3 of 4 - --_.__._-_.~._.,.__._-_._.._- --------..- D. The ARTIST agrees to pay all reasonable costs, attorney's fees and eXpElnSeS that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herei~ ARTIST agrees applicable State and local laws, rules, nd egulations. \1 I D ARTIST TAX ID#: ,.. DATE: ~~jcd.o ---> ~ PETER B. LEWIS, MAYOR DATE: AUG J 9 zatM) 2t~ ____0. f Danielle Daskam City Clerk --------------------------------------------------------------- Kids' BRAVO 2006-2007 Agreement - Charlie Williams/Noiseguy Page 4 of 4 - - -_._~----_.._-,,_._._._._,_. -" ---- -_._--~._..,-,--_._---- Number & Certlflcatlon ) Address: z'P:-Q9 {)g':t-- TAX STAT . ease provide the fullowfng Intonnation tOf the calegory that describes the tax I structure of your business. Please provide all requested information for your category. Qmtividual Name . ~~4t/;l- KJt"C./~ Ao-;gS~ Social Security Number: ...;7{, -5 - . ~_ . - 8 l_ o Sole Proprietor BUSiness Owner's Name: Business Owner's SSN orTIN:: DBA Company Name: A sole Proprietorship may have a "doi1g busi1ess as' (DBA) name, but the reportable name Is the name of lhe business owner. The reportable Tax 10# Is ellher the owner's social security number (SSNI or the company's T axpapyer ldenlificafion Number (TIN). o Partnership Name of Partnership: Partnership TIN: The reportable TAX 10 Numberii the ~'s Taxpayer ldenlllication 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","""'" Exempt from tax under 501(a) or other Intemal 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 Name:.~'~~ Signature: Phone. - Date: Pena/ltes: Your /allure to provide a correa name and Taxpayer Identification Number may subject your payments to 28% federal income lax backup with holding. If you do not provide us with Infonnalion, 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 criminal penaltJes. ;..., , ~ - .---..._--.._-_._----~~-_.__..