HomeMy WebLinkAboutLocust Street Taxi c/o Thunderbull Productions CIO
AGREEMENT FOR ARTISTIC SERVICE PiG//1p�/
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THIS AGREEMENT is made and entered into this l5 day of Jatt. , 2016, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Locust Street Taxi clo Thunderbull Productions, whose address is 1829
Lincoln Street, Port Townsend, WA, 98368, 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:
90 minute performance of Locust Street Taxi for Auburn's Summer Sounds & Cinema
event on Friday, July 29, 2016, from 7:00 pm to 8:30 pm (no set break). ARTIST will be
on-site no later than 6:20 pm for set-up and sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Lea Hill Park, 31693 124th Ave SE, Auburn, WA,
98092 herein referred to as "VENUE"
REQUIREMENTS
The CITY shall provide the following for this performance: Sound equipment consisting of
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.
Agreement— Locust Street Taxi
Summer Sounds&Cinema 2016
Page 1 of 4
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of one thousand, five hundred dollars and no/100
($1,500.00).
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.
7. 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.
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.
•
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Agreement— Locust Street Taxi
Summer Sounds&Cinema 2016
Page 2 of 4
•
10. PERFORMANCE RAINOUT
. In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday,
July 29, 2016, to determine if the performance will be moved indoors or 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.
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 Locust Street Taxi
do Thunderbull Productions
1829 Lincoln Street
Port Townsend, WA 98368
360-385-0519
danielmilholland @gmail.com
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— Locust Street Taxi
Summer Sounds&Cinema 2016
Page 3 of 4
ARTIST
II(14114 GENT M1;Skif2
LOCUS STREET AXI
ARTIST TAX ID#: S 39 -0% -815S
DATE: ( / 7 z- 7-0 C;
• CITY OF AUBURN
■
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: I /K UL
1'2 PCX-4-2L-e.-- __
KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE: V 5/i Co
Agreement—Locust Street Taxi
Summer Sounds&Cinema 2016
Page 4 of 4
•
Form W-9 Request for Taxpayer Give Form to the
Rev.December 2014) requester.Do not
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(RevDepartment of the Treason, Identification Number and Certification send to the IRS.
Internal Revenue Service
I 1 Name(as shown on your income tax return).Name is required an this line:do not leave this line blank.
Francesco Bertucci
2 Business name/disregarded entity name,it different from above
it Locust Street Taxi __ __ __ _
a 3 Check appropriate box for federal tax classification:check only one of the following seven boxes: 4 Exemptions(codes apply only to
C so proprietor ....I Corporation i ) ❑ Trustlestalo certain entities.not individuals;see
• H Individual/ to ro rietor or ( C S Corporation Partnership ❑ instructions on page 3):
u c single-member LLC
4 q Limited liability company.Enter the tax classification CaC corporation.5-5 corporation.P- a tnershl . Exempt payed code(il any)
a 2• Note.For single-member LLC that is disregarded.do not check LLC;chock the appropriate box in the line above for Exemption from FATCA reporting
m the tax classification of the single-mernber owner, code(if any)
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• 5 Address(number.street,and apt or suite no.) Requester's name and address(optional)
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A PO City, 551
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• 6 City slate.e.en and ZIP code
0• Cluilcene,WA 98376
7 List account number(s)hero(optional) - -
Ern Taxpayer Identification Number(TIN)_____
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I 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 ,{- - -
entities,it is your employer identification number(EIN).II you do not have a number,see How to get a 999 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. ri
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(if any)indicating that I am exempt from FATCA reporting is correct.
Certification Instructions.You must cross out item 2 above it 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 page 3.
Sign signature of 6/23/2015
Here us.person. -" _ pater
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest). 1098.1
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1 099-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 ahe we release it)is at ww•w.irs,govIfw9.
Use Form W.9 only it you are a U.S.person(including a resident alien).to
Purpose of Form provide your coned(TIN.
An individual or entity(Form W-9 requester)who is required to tile an information It you do nor 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 ITIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer identification By signing the fillodr out form,you:
number(ITIN).adoption taxpayer identification number LATIN),or employer I.Certify that the TIN you are giving is correct for you are waiting for a number
identification number(EIN).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.me lot lowing: 2.Certify that you are not suolecl to backup withholding,or
•Form 1099-IN1 (interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.it
•Fonn 1099-DIV(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 1099-MISC(various types of income,prizes,awards.or gross preccedsl 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.Comfy that FATCA code(s)entered on this form lit 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.
•Fonn 1099-K pine a hunt card and third party network transactions)
Cat.No, 10231X Form W-9(Rev. 12-2014)