HomeMy WebLinkAboutKeeth ApgarAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this /71 day of Q(t. , 2015, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Keeth Apgar/ Harmonica Pocket, whose address is PO BOX 171,
Nordland, WA 98358 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 5, 2015, at 12:00 pm. ARTIST
agrees to be on site no later than 11:40 am for set -up and /or sound check. ARTIST
agrees to provide sound system and run sound for performance.
SITE OF PERFORMANCE
The ARTIST will conduct its performance at:
Les Gove Park, 910 Ninth Street SE, Auburn WA 98002 (August 12`")
herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: Covered performance area and
access to electricity.
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Agreement — Keeth Apgar / The Harmonica Pocket
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S. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of seven hundred dollars and no1100 ($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 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: ArtisUCompany 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, 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 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.
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Agreement - Keeth Apgar / The Harmonica Pocket
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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 Keeth Apgar / The Harmonica Pocket
PO BOX 171
Nordland, WA 98358
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.
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.
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ARTIST ✓�
KEETH APGAR / THE gHARMONICA POCKET
ARTIST TAX ID #: U 0 0 3 `' 2- 6's S
DATE: ? S ( ( "
CITY OF AUBURN
DARYLFABER
PARKS, ARTS & RECREATION DIRECTOR
DATE:
fit 1,
KRISTY PACHCIARZ
SPECIAL EVENTS /COORDINATOR
DATE: \�7i7i/ I
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Agreement — Keeth Apgar / The Harmonica Packet
Page 4 of 4
Form W -9
Request for Taxpayer
Give form to the
(Re v. to or 2007)
Identification Number and Certification
requester. Do not
eopaMSnt of ft Trusury
send to the IRS.
Innmal Reveries servo,
Name (as shown on your Income tax return)
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Check appropriate box: EK Indivldual/Soler proprietor ❑ Corporation ❑ partnership
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List account number(*) here (optional)
• r Taxpayer Identification Number (TIN)
Filter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number
backup withholding. For Individuals, this Is your soolal security number (SSM. However, for a resident
alien, solo proprietor, or disregarded entity, see the Parl I Instructions on page 3. For other entities, it is
your employer Identification number (EIN). If you do not have a number, see How 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 Identinoetmn number
number to enter. D ♦7 .� ro 2. r
Under penalties of perjury, I certify that:
1. The number shown on this farm Is my correct taxpayer Identification number (or I ant walling for a number to be Issued to me), and
2. 1 am riot subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been nolilled by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report 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 if you have been notified by 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
arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the last 'Ions 0p page 4 1 1
Sin
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Here U.s. s. person
► �f Date ►
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 Foul 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
waiting for a number to be issued),
2. Certify that you are riot subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If 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 Form W -9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person it you are:
• An Individual who is a U.S. cilicen or U.S. resident alimL
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of tile United
States,
• 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 States 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
Ties riot been received, a partnership Is required to presume That
a partner is a foreign person, and pay the withholding tax.
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 viilhhclding
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. 10231X Form W -9 (Rev. 10 -2007)