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HomeMy WebLinkAboutCharles WilliamsAGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ) day of an , 2015, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Charles Williams, whose address is 14915 381h Drive SE, #D -3006, Bothell, WA 98012 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 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: 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: (1) One 60 minute performance on Wednesday, August 12, 2015, at 12:00 pm. ARTIST agrees to be on site no later than 11:40 am for set -up and /or sound check. (2) One 45 minute performance on Saturday, September 26, 2015, at 7:OOpm. ARTIST agrees to be on -site no later than 6:40pm for set -up and /or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at. (1) Les Gove Park, 910 Ninth Street SE, Auburn WA 98002 (August 12`h) (2) The GYM Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 (Sept. 26 ") herein referred to as "VENUE" 2015 Agreement - Charles Williams Page 1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A system and covered performance area on August 12. PIA System and indoor performance area on Sept. 26. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of three hundred and fifty dollars and no /100 per event($350.00); ($700.00 total). 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 or his/her designee immediately following each performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, for the August 12`h event, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be rescheduled. ARTIST must provide a telephone number where 2015 Agreement - Charles Williams Page 2 of 4 ARTIST can be reached at the time /date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. NIA in regards to the September 261" performance, as it is indoors. 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Charles Williams 14915 38" Drive SE, #D -3006 Bothell. WA 98012 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. 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 agrees to comply with all applicable State and local laws, rules and regulations. 2015 Agreement - Charles Williams Page 3 of 4 ARTIST CHARLES WILLIAMS ( y ARTIST TAX ID #: d i— 1 5-73P DATE: JQn . 3n - c)—t-) (S CITY OF AUBURN DARYLFABER PARKS, ARTS & RECREATION DIRECTOR DATE: — '�') we — _ems. c� KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: A) t A S 2015 Agreement - Charles Williams Page 4 of 4 Forni -9 Request for Taxpayer Give form to the IROw. October 2007) Identification Number and Certification requester. Do not p P,vbuml of tlw Treasury Inlerrwl flwmwo Sevka send to the IRS. Name (as shown on your income t arl�f l„ /t , RNs Or Business name, If different from above c 0 G U Check opproprfate box: K Individual/Sala pe pricer ❑ Corporation ❑ Partnersblp A'� p 0 rr--�� Limited liability company. Enter the tan classification (D= disregarded entity, C= carpomtion. P =partnership) • . -, - - -. IJ 011usisN.Inshuni0nsl ► Enempt ❑ payee Address (num i r troe6 i3 pt. or le no r �� Ql ` 1 Requester's name and address (optionarf w 'y city, statO, and Zip coda ro List account nurntm(s) here (optlonap luenuncauon Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social socudty, numeher backup withholding. For Individuals, this is your social security number (SSM• However, for a resident $ 6 S I W; A alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, It is your employer Identification number (EIN). If you do not have a number, see Haw to get a TIN on page 3. or Note. If the account Is In more than one name, see the chart on page 4 for guidelines on whose Employer Idenlilication number number to enter. Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I ma waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup vthholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to repair all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above it you have been notified try the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement armngoment (IRA), and generally, payments other than Interest q�i dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the Instructions on page 1 / J Her[ el I Sienotury of '/ / ( /,( Tim R 15' jieYB us. parson► LJ,yC /`��^�•. Data► v General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example. Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are wailing for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. It applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it Is substantially similar to this Farm W -9. Definition of a U.S. person. For federal tax purposes, you arc considered a U.S. person if you are: • An Individual who is a U,S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United Slates, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United Stales are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding lax. Therefore, If you are a U.S. person that is a partner In a partnership conducting a trade or business In the United Slates, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States Is in the following cases: • The.U.S. owner of a disregarded entity and not the entity, Cal. No. 10231% Form W -9 lRev. 10 2007)