HomeMy WebLinkAboutThe Nines for Auburn's Summer Sounds & Cinema 3.1L‘-D
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AGREEMENT FOR ARTISTIC SERVICE oke
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THIS AGREEMENT is made and entered into this 11,2 day of �� , 2019, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and The Nines, LLC, whose address is c/o Joe Bean, 2719 129th Street SW,
Everett, WA 98204, 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 The Nines for Auburn's Summer Sounds & Cinema event on
Friday, July 31, 2020, from 7:00 pm to 8:30 pm (no set break). ARTIST will be on-site no
later than 6:15 pm for set-up and sound check.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Sunset Park, 1420 69th Street 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-The Nines
Summer Sounds&Cinema 2020
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, eight hundred dollars and
no/100 ($1,800.00).
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.
Agreement-The Nines
Summer Sounds&Cinema 2020
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 31, 2020, 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 Joe Bean
The Nines
2719 129`h Street SW
Everett, WA 98204
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-The Nines
Summer Sounds&Cinema 2020
Page 3 of 4
ARTIST
JOE BEAN 4 _ ``
THE NINES, LLC
ARTIST TAX ID#. 1 c-51514
DATE H ( - 2 0 1 0
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: Lsk2 1' 5
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KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE ' �/1�
Agreement—The Nines
Summer Sounds&Cinema 2020
Page 4 of 4
Form W-9 Request for Taxpayer
Give Form to the
(Rev.October 2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax return).Name is required on this line,do not leave this line blank.
The Nines LLC
2 Business name/disregarded entity name,if different from above
N 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
a following seven boxes. certain entities,not individuals;see
a instructions on page 3)
o ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate
single-member LLC Exempt payee code(if any)
a
), ❑ Limited liability company Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
o Note:Check the appropriate box in the line above for the tax classification of the single-member owner Do not check Exemption from FATCA reporting
u LLCif the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is c ( y)
'ti code if an another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
O. is disregarded from the owner should check the appropriate box for the tax classification of its owner
y0 Other(see instructions)► (Applies to accounts maintained outside the U.S.)
y 5 Address(number,street,and apt or suite no)See instructions Requester's name and address(optional)
a) 12918 Mukilteo Speedway C-23253
6 City,state,and ZIP code
Lynnwood WA 98087
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 instructions for Part I, later.For other — -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN, later or _
Note:If the account is in more than one name,see the instructions for line 1 Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter
4 7 - 5 3 1 3 1 4 1
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 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 for Part II,later
Sign Signature of
Here u.s.person► )47/ Date►
General Instructions •Form 1099-DIV(dividends, including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number((TIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(FIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S person(including a resident
amount reportable on an information return. Examples of information alien),to provide your correct TIN
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat No 10231X Form W-9(Rev.10-2018)