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HomeMy WebLinkAboutDavid Dodgef- 3•1 kv s z2op1 01 AGREEMENT FOR ARTISTIC SERVICE v T THIS AGREEMENT is made and entered into this day of TO (I. , 2015, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and David Dodge (Social Network), whose address is 13400 Dumas Road #02, Mill Creek, WA, 98012, socialnetworkbooking @gmail.com 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. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: 90 minute performance of Social Network for Auburn's Summer Sounds & Cinema event on Friday, August 7, 2015, from 7:00pm — 8:30pm (no set break). ARTIST will be on -site no later than 6:15 pm for set -up and sound check. SITE OF PERFORMANCE The ARTIST will conduct its performance at Sunset Park, 1306 69t° Street SE, Auburn, WA, 98092 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment and one sound technician to set up and run equipment. Agreement — Social Network Summer Sounds & Cinema 2015 Page t of 9 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, two- hundred and fifty dollars no /100 ($1,250.00). 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. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the upon signature of this contract. 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. I� -------------------------------------- Agreement — Social Pletwork Summer Sounds & Cinema 2015 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 7, 2015, to determine If the performance will be moved Indoors or rescheduled. ARTIST must Provide a telephone number where 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. 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 David Dodge Social Network 13400 Dumas Road #02 Mill Creek, 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. 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 lases of the State of Washington. D. The ARTIST agrees to pay all reasonable costs, attorneys 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. --------------------- - - - - -- - -------------- - Agreement — Social Network Summer Sounds & Cinema 2015 Page 3 of 4 ARTIST DAVID DODGE '� SOCIAL NETWORK ARTIST TAX ID#: 53`-1 ���� DATE: Z- - 4 -1 S CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: /I-Al I � KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: u 1 Agreement — Social Network Summer Sounds & Cinema 2015 Page 4 of 4 Fwe, W'9 Request for Taxpayer alvo form to the (Rov. Catober 207) Identification Number and Certification requester. Do not send to the IRS. peserunmt m e„ nrsv.r NISr,W A.. swM Employer Idan ul..Uon needed, harbor to enter. v\57) Nemo In, ellown on lour mcsvno Iex returN _ . D /� 1 �!-r"aC. � 7--C Business name. If different kmn above c 0 aCheck opp'opnete box hilivklunl/solo prepdotar ❑ Corporation ❑ Partnership tLnbeit [pt'= company. Elder the tax C-corpontbn, P- ► Exempt ❑payee cklssiMcalbn (C=dleroeardod entity, pr!nmchip) ------- is 2 ❑ oswr Ere InwucGm�rl ► fTen Add. (rwmbnr, droll, and apL ar sun. no.) Requester's name and edtlreas (oplbnn) r7 City. state, and ZIP coca _ 'k I �ILL✓ �� � �5CD i At Uet account nu,nbenn) her. InplbnaA . . Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provldad must match the name glven on Line I to avoid bnokup withholding. For individuals, this Is your social security number (SSN). However. for a resident social socudty number S ;9 j <c"k.i � � ('0 alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, It Is your amp!oyw Idantlacatlon number (Egg. It yen do not hews a member, sea How to gel a 77N on page 3. or ' Note. If the account Is In more than one moms, sod No short on page 4 for guidelines on whose Employer Idan ul..Uon needed, harbor to enter. I Under penalties of perjury, I certify that 1. The number shown an this form to my coned taxpayer Iduntllloallon number (or I are Walling for a number to be issued to me), and 2. 1 am not subject to backup vAthholding because: (a) I am exempt from backup withholding. or (b) I have not boon neeflod by the Internal Revenue Senice (IRS) that I am subject to backup withholding no a result of a failure to report all Interest or dividends, or (c) the IRS fins nollged me that I am no longer subject to backup withholding, and 3, 1 am a U.S. citizen or e(hor U.S. poraan (dafinod below). Certification Inatrucliona You most suss out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding bocauso you have failed to report All Interest and dividends on yaw tax return For real estate transactions, two 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, Contobtalw s to an Individual retirement ar ingament (IRA), and generally, payments other than Interest and d1v1dwaI3, you are not required to sign the Corlifecatlon, but you must provide your correct TIN. Sua th�,"etions on page 4. SIaUO alpnatur• of Here U.S. a•rswr ► �'� '�. — Dole ► Z' `+ — I '] General Instructions Section references are to the Internal Revenue Code unto.-, otherwise noted. Purpose of Form A person who Is required to Ills an Informatlon return with the IRS must obtain your coned 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 -0 only If you are a U.S, person gncludlng n rosident Allan), to provide your correct TIN to the person regtmsting It (the requester) and. when applicable, to: 1. Certify that the I IN you are giving is correct (or you am visiting for a number to be Issued), 2. Certify that You are not subject to backup withholding, or 3. Claim exomption from backup withholding If you are a U.S. exempt payee. V applicable, you are also certifying that as o 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 Pone W -9 to request your TIN. you must use the requester's form if It Is substantially similar to this Form W -9. Definition of a U.S, person. For federal laa purposes, yet) are constdorod a U.S. parson if you Ara: • An IndMdual who is a U.S. citizen or U.S. resident Sian. • A partnsrship, corporation, company, or association created or organized In the United States or under the laws of the United Swiss, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. ParLwrships that conduct a trade or business In the United States are generally required to pay a withho!ding lax on any foreign partners' share of Income Irom such business. Further, In certain cases where a Form W -9 has not been received, a partnership is required tp presume that at partner is a foreign person, and pay the withholding tax. Therefore, It you are a U.S, person that Is a partner In a partnership conducting a trade or business In the United States, provide Form W -9 to the partnership to establish your U.S. Mains and avoid withholding on your share of partnership Income. The person who gives Form W-9 to the partnership for outFones of establishing Its U.S. status and avoiding withho!din n Its allocable share of net Income from the partnership g conducting a trade or business In the United Slates Is In the following cases: • The U.S. owner of a disregarded entity and not the entity, Car. M. lelatx Form W-8 leay. 10.3[7)