HomeMy WebLinkAboutSimply Magic, LLC 1 1
AGREEMENT FOR ARTISTIC SERVICE^� /Gm/
THIS AGREEMENT is made and entered into this I I day of )/.QC.., 2015, by.and 4 l
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Simply Magic, LLC, whose address is 2423 Abernethy Road NE,
Olympia, WA 98516, 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 performance: One
(1) 60 minute performance of Jeff Evan's Magic Show on Wednesday, July 27, 2016, at
12:00 pm. ARTIST agrees to be on site no later than 11:15 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: P/A system 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 five hundred dollars no/100 ($500.00)
Kids SummerStage
Agreement—2016
Page 1 of 4
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.
Kids SummerStage
Agreement—2016
Page 2 of 4
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 Simply Magic, LLC
c/o Jeff Evans
2423 Abernethy Road NE
Olympia, WA 98516
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.
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.
Kids SummerStage
Agreement— 2016
Page 3 of 4
ARTIST
A
SIMPLY MAGIC, LLC
ARTIST TAX ID#: Li 1114 195"
DATE: 1212L / 2oIS
CITY OF AUBURN
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: P I I I I1
1
KRISTY PACHCIARZ
SPECIAL EVENTS COORDIN ATOR Vi
DATE: I L/ L
Kids SummerStage
Agreement—2016
Page 4 of 4
•
Form
W-9 Request for Taxpayer Give Form to the
Rev.December 2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
--' 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Jeffrey B. Evans
2 Business name/disregarded entity name,if different from above
& Simply Magic LLC
3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
a certain entities,not individuals;see
o ❑Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
a c instructions on page 3):
single-member LLC
a0 Exempt payee code(if any)
a Si Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)• S
C Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
`o
C the tax classification of the single-member owner. code(if any)
a` q ❑Other(see instructions) (xym 10 accounts me.+uew outside the us)
I E 5 Address(number,street.and apt.or suite no.) Requester's name and address(optional)
U
n 2423 Abernethy Rd NE
a, 6 City,state,and ZIP code
in Olympia,WA 98516
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter 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 generally your social security number(SSN). However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other — I —
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 instructions for line 1 and the chart on page 4 for I Employer identification number
guidelines on whose number to enter.
4 7 - 1 2 1 4 1 9 5
Part II Certification
-- 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. I 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. I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form Of 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 at 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 page 3.
Sign Signature of
Here U.S.person* Date• February 17, 2015
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov/1w9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information Il you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(S5N),individual taxpayer identification By signing the filled-out form,you:
number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
identification number(FIN).to report on an information return the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of information
returns include.but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption tram backup withholding if you are a U.S.exempt payee.If
•Form 1099-DA/(dividends,including those from stocks or mutual funds) 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
•Form 10994MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-5(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)