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HomeMy WebLinkAboutNorth West Animal AdventuresAGREEMENT FOR ARTISTIC SERVICE +h n THIS AGREEMENT is made and entered into this day of WR 2015 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and North West Animal Adventures, 1216 K Street NE, Auburn, WA, 98002, 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 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: 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, costumes, 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: One 45 minute performance at Petpalooza to take place on Saturday, May 16, 2015. The performance is to be held from 4:00pm — 4:45pm and ARTIST is to arrive at the site no later than 3:40pm. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage. Performance is held rain or shine. The ARTIST agrees and represents that it has inspected the site prior to the performance and accepts the premises in their present condition. The ARTIST further agrees to indemnify, defend and hold the CITY harmless from any and all injury to any person or property arising out of ------------------------------------ Agreement North West Animal Adventures Petpalooza3015 Page I of the condition of or use of the site by the ARTIST for its performance. 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: sound system (no wireless mic) and sound tech. Complete event information to follow 2 -3 weeks prior to the event. A table will also be available for entertainer use. 5. COMPEL In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Two Hundred and Seventy-five Dollars and No /100s ($275.00). 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 given to the ARTIST in the form of a check at the conclusion of their performance. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: N /A. 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 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 salary for the time during which the services have not been rendered. ------------------------------------ A_reement North West Animal Adventures Petpalooza 2015 Page 2 of 4 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 certified mail addressed to the respective parties as follows: City of Auburn, 910 Ninth Street SE, Auburn, WA 98002; North West Animal Adventures c/o Tom Gaines, 1216 K Street NE, Auburn, WA 98002. 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 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. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ------------------------------------ Aercement North Nest Animal Adventures Petpalooza 2015 Page 3 o f 4 ARTIST 6276t,'%-- GAINES North West Animal Adventures ARTIST TAX ID #: l 5 2 /Ja /,b DATE: D) � 2 71 20/S CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: I I( y! (.) KR STY PACHCIARZ Special Events Coordinator DATE: Agrcement North West Animal Adventures Petpalooza'?015 Page 4 of 4 Form W-V Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification I requester. DO not of Fewes,nnnnerve, ervfce ry Intunal Rovem,o Serlce send to the IRS. e1 Nam (as r vm on your mcomo taxi return) I on 0 wej� N1!,-1 k-e4m r nBu iness name, If different from above c 0 u c « Cneck oppropdalc box: ❑ IndlvlduaUSale proprietor Corporation ❑ Partnership ❑ emRed liability Enter / rt! txempl r;` 0 company. the tax classification 0adsr arded enlih , C=cor ( e9 l poration, P =Padncrship) ------- `02 ❑ Oiler Instructions) payee c Address (number, sU et, an�dla t. or suite no.) Requester's name and address (optional) IV i Ci ,slat ,and ZIP cWM l �i�boz v �t, w List account numbers) here (opllonag Taxpa er Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid social socunty numbor backup withholding. For Individuals, this Is your social security number (SSM. However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, It is your employer Idontiflcallon number (EIM. If you do not have a number, see How to gal a TIN on page 3. or Note. If the account Is In more than one name, see the Chun on page 4 for guidelines on whose Employer Identification number number to enter. _ 4 c- : -J ( V o7 Q/ ) Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am wailing for a number to be Issued to me), and 2. 1 am not subject to backup Withholding because: (a) I ans exempt from backup withholding, 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 report all Interest or dividends, or (c) the IRS has notified me trial I am no longer subject to backup wimholding, 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, caneollation 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 Instructions on /page 4. `Pere SignaNre of y Here LLS. parson I enN' Data ► UI / Z %/ V %I 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, acqulsit(on or abandonment of secured properly, cancellation of debt, or contributions you made to an IRA. Use Fonn 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 n 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 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 Stales or antler the laws of the 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 Stales are generally required to pay a withholding lax 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 15 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 States, 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 wilhho!ding on its allocable share of net income from the partnership conducting a trade or business in the Upl ed 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)