HomeMy WebLinkAboutPWE Productions, LLCAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this (S/ day of , an . , 2015, by and between
the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to
as "CITY" and PWE Productions, LLC (ATTN: Roger Sause), whose address is 10620 Southern
Highlands Parkway, Ste. 110, Las Vegas, NV, 89141 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:
1. 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 performances:
(1) 90 minute performance of Doublewide for Auburn's 4" of July event on Saturday, July
4, 2015, from 11:00 am to 12:30 pm (no set break). ARTIST will be on -site no later than
10:30 am for set -up and sound check.
(2) 90 minute performance of Mr. Pink for Auburn's 4" of July event on Saturday, July 4,
2015, from 1:00 pm — 2:30 pm (no set break). ARTIST will be on -site no later than 12:30 pm
for set -up and sound check.
(3) 60 minute performance of the Spazmatics for Auburn's 4`" of July Festival on Saturday,
July 4, 2015, from 3:00 pm — 4:00 pm (no set break). ARTIST will be on -site no later than
2:30 pm for set -up and sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE), Auburn,
WA, 98002 herein referred to as "VENUE ". Event coordinator will provide an entertainment
Agreement — PWE Productions, LLC
4 of July Festival 2015
Page 1 of 4
packet 2 -3 weeks before the event.
REQUIREMENTS
The CITY shall provide the following for this performance: Sound equipment consisting of or
equivalent to: JBL SR4733 Mains x4 (have 6 if needed), JBL SR4719 Subs x2 (Dual 18" each), JBL
SRX712M Monitors x6 (on 4 mixes; 6 mixes upon request), Yamaha M3000 40 channel board or
Soundcraft Spirit 32 channel board, Guitar, mic, & speaker cables, Variety of mics, Mic stands,
sound technician(s) to set up and run equipment.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of four thousand dollars and no /100 ($4,000.00).
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.
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.
Agreement - PWE Productions, LLC
4 of July Festival 2015
Page 2 of 4
10. PERFORMANCE RAINOUT
nla. Event is held rain or shine.
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 Roger Sause
PWE Productions, LLC
10620 Southern Highlands Pkwy, Ste. 110
Las Vegas, NV, 69141
rogersause @sbcglobal.net
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.
E. In the performance of the work herein, the ARTIST agrees to comply with all applicable
State and local laws, rules and regulations.
Agreement — PWE Productions, LLC
4 of July Festival 2015
Page 3 of 4
ARTIST
�1
PWE PRODUCTIONS, LLC
ARTIST TAX ID #: " ' I � 1 \r-'r)
DATE: 1 I l u 11'5
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE:
KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE: I / b
Agreement - PWE Productions, LLC
4 of July Festival 2015
Page 4 of 4
Form
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Request for Taxpayer
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resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
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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
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number to enter.
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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 art exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that 1 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 lax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributlons 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 3.
Signature Here us. person of Date. /_ l
General InstriLc66ns
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.govAl Information about any future developments
affecting Form W -9 (such as legislation enacted after we release II) will be posted
on [[,at page.
Purpose of Form
A person who is required to file an information return war, the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card amid third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured properly, cancellation of debt, or contributions you made
to an IRA.
Use Form V1 -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 for you are waiting for a number
to be issued),
2. Ceab, that you vat s.didi t to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also ctch lying that as a U.S. person, your allocable share of
any partnership income from a V.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income. and
4. Certify that FATCA cartels) entered on this form (If any) indicating that you are
exempt from me FATCA reporting, is correct.
Note. If you we a U.S. person and 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 if you are:
• An individual who is a U.S. citizen or U.S. resident amen,
• A partnership, corporation, company. or association created or organized in the
United States or under the laws of the United States,
• Aa estate (other than a foreign estate), or
• A compete trust (as defined in Regulations section 301.7]01 -7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United Stales 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, it you are a
U.S. person that Is a partner In a partnership conduchng a horde or business in the
United States, provide Farm VV -9 to the partnership to establish your US, status
and avoid section 14,16 withholding on your share of partnership income.
Cat. No 10231% Form W-8 (Rev. a -2013)