HomeMy WebLinkAboutNorth West Animal AdventuresAGREEMENT FOR ARTISTIC SERVICE
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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
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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.
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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.
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Aercement North Nest Animal Adventures
Petpalooza 2015
Page 3 o f 4
ARTIST
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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
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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
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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)