HomeMy WebLinkAboutBrian VoganZ�Opjc
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 141 day of I Ian �, 2015, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Brian Vogan (Brian Vogan & His Good Buddies), whose address is 4409
SW Admiral Way #102, Seattle, WA 98116, 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: One
(1) 60 minute performance of Brian Vogan & His Good Buddies on Wednesday, July 8,
2015, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up and/or
sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA,
98002 herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: sound system, sound tech and
covered stage.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of six hundred dollars and no /100 ($600.00)
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Agreement_ Brian Vogan
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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 the 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, 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.
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.
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Agreement_ Brian Vogan
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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 Brian Vogan
Brian Vogan & His Good Buddies
4409 SW Admiral Way #102
Seattle, WA 98116
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.
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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Agreement_ Brian Vogan
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ARTIST
BRIAN VOGAN
ARTIS TAX ID #:
DATE: I l lul 2015
CITY OF AUBURN
DARYLFABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: // I7/ />
KRISTY PACHCIARZ
SPECIAL EVENTS COORDINATOR
DATE � l f --2 h
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Agreement_ Brian Vogan
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Form
W'9
Request for Taxpayer
5 1 6 -
Give Form to the
(Rev. August
Identification Number and Certification
requester.
Department
of the Treasury
the
send LO the IRS.
IRS.
Internet Revenue Service
TIN on page 3.
Name (as shown on your income tax return) 1
Employer identification number
number to enter.
Brian vo an
6
of
Business namaldisregarded entity name, if different from above
1 2
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1 2
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Check appropriate box for federal tax classification:
Exemptions (see instructions):
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❑ Individual/sale r El ❑ El propietor C Corporation S Corporation Partnership TmsVestate
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E"mpt payee code (it any)
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❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) F
Exemption from FATCA reporting
code (if any)
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❑ Other (see instructions) ll�
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Address (number, street, and apt, or suite no.)
Requester's name and address (optional)
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4409 SW Admiral Way #102
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City, state, and ZIP code
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Seattle, We 98116
List account number(s) here (optional)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
I Social security number
to avoid 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
5 1 6 -
entities, it is your employer Identification number (EIN). It you do not have a number, see How to get a
TIN on page 3.
Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose
Employer identification number
number to enter.
F21
6
-
1 3
1 2
1 6
1 9
1 2
1 9
1 6
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am 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 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 that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
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
instructions on pace 3.
Sign Signature of l^
Here I U.S. person. Dale F i I N %,O I.')-
General
Section references are to the Internal Revenue Code unless otherwise noted
Future developments. The IRS has created a page on IRS.gov for information
about Form W -9, at www.irs.go tudg. Information about any future developments
affecting Form W -9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer Identification number (TIM to report, for example, income paid to
you, payments made to you in settlement of payment card and third parry network
transactions, 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 waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding it 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. Veda or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA codes) entered on this form (f any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a farm other than Form
W -9 to request your TIN, you must use the requester's form it 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 States or under 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 States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W -9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person. and pay the section 1446 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 section 1446 withholding on your share of partnership income.
Cat. No. 10231% Form W-9 (Rev. 8.2013)