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HomeMy WebLinkAboutLocust Street Taxi c/o Thunderbull Productions CIO AGREEMENT FOR ARTISTIC SERVICE PiG//1p�/ +l uurr 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. • 1 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 ( m (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) c - ▪ ❑Other(see m struellons) row. „o,m+aAw.au sr ss(mum_ p._.. suite n_ d • 5 Address(number.street,and apt or suite no.) Requester's name and address(optional) eo A PO City, 551 -_.. .i. -----._..__. -_------- ---- -._..---- • 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)