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HomeMy WebLinkAbout23-0720 Neumann, Thomas - Shooting StarIndividual Artist Grant Page 11 PERFORMANCE AGREEMENT This Agreement is made and entered into this 20th dad of July 2023, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and Thomas Neumann (hereinafter referred to as the "Artist"). For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Artist will give a performance/exhibition as is listed on the Individual Artist Grant application through the Cultural Arts Commission, and as follows: Name and Address of Place of Engagement: First United Methodist Church Elgin, IL, 60120 Date(s) of Engagement: September 29 - October 5, 2023 Type of Engagement: Live play: "Shooting Star" by Steven Dietz Starting and fmishing time of engagement: TBD 2. The parties hereto understand and agree that N/A has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4. That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5. That the content, nature and medium of the program shall be entirely within discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6. That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the Individual Artist Grant Page 12 absence of a specific written agreement with the Artist or the Artist's representative. 7. That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 8. That the City reserves the right and privilege of canceling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty (30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be paid its full performance fee. 9. That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist's touring obligations. In such an event of a rain -out, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. 10. That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements. 11. That the Artist shall pay all applicable union fees. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 12. Indemnification. To the fullest extent permitted by law, Artist agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Artist's officers, employees or agents in the performance of this agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 13. That this agreement shall be subject to and governed by the laws of the State Illinois. Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois. Individual Artist Grant Page 13 4. That the following riders are attached hereto and made a part of this agreement: please attach riders if applicable. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control. 5. This contract represents the entire agreement between the parties hereto. There may be no modification to the terms hereof without the express written consent of the City of Elgin. 6. If any provisions of this contract should be deemed invalid by any court of 'competent jurisdiction, the remaining provisions shall remain in full force and effect. 7. All notices required herein shall be directed to the parties as follows: Amanda Harris Assistant to the City Manager 150 Dexter Court Elgin, IL, 60120 Artist: Thomas Neumann _3155 Whip Poor Will Ln _ Belvidere, IL, 61008_ Payable to: please refer to W9 form already on file. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY OF 1N Thomas Neumann By l B XJ IM6W City Manager Its N/A FEIN/SSN: 1VJK- 4a 4 Fcrm W"9 Request for Taxpayer (Rev. October2007) Identification Number and Certification Department of the Treasury Internal Revenue Service N N Co a C O m rn c �v O � to a` m a. U1 Name (as shown on your income tax return) M 1cNAEL A) a MAW Business name, if different from above Give form to the requester. Do not send to the IRS. Check appropriate box: I Individual/Sole proprietor ❑ Corporation ❑ Partnership Exempt ❑ Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ► _ .. _ _.. ❑ payee ❑ Other (see instructions) ► Address (number, street, and apt, or suite no.) Requester's name and address (optional) City, state, and ZIP code ?Sdv�� , iL UC)M List account number(s) here (optional) ion 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 your social security number (SSN). However, for a resident H ;901 :93S52, alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other 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 chart on page 4 for guidelines on whose ++ Employer number to enter. 0.1113 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. 1 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. 1 am a U.S. citizen or other U.S. person (defined below). 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)nstruitions oAage 4. n Sign Signature of Here I U,S. person 110,Z�IIAA� Z/U� General Instructi ns Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-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 (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If 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 withholding tax on foreign partners' share of effectively connected income. Note. If 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. Date ► 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 alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev.