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HomeMy WebLinkAboutContract2025 AGREEMENT WITH WELCH PROPERTIES LLC RENTON PAINT WITH PURPOSE INITIATIVE THIS AGREEMENT, dated for reference purposes only as 7/22/2025, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Welch Properties LLC ("Property Owner"), a Washington Limited Liability Company, and sets forth the terms and conditions under which the City will provide Property Owner with access to Artist Roster developed under the Renton Paint With Purpose Initiative ("Initiative"). The Initiative is funded through the 2025 Arts Sustained Support -LAA project of 4Culture, with participants selected according to Initiative Guidelines. The City and Property Owner are referred to collectively in this Agreement as the "Parties.11 Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. Parties agree as follows: 1. 2. Consideration. Providing visual arts on public-facing spaces benefits the community as a whole, including by deterring vandalism and beautifying the City. Property Owner receives consideration for participation in the Initiative by fostering community involvement and transforming their property into visually appealing spaces. Scope and Performance. Property Owner agrees to host and maintain artwork as specified in Exhibit A "Property Owner1 s Application,, which is attached and incorporated herein. Such scope is hereinafter referred to as "Mural.11 a.Property Owner, together with the Artist selected from the Initiative Artist Roster, will be responsible for installing the Mural in its approved design at the location identified in their application. b.Property Owner will provide the City with documentation of compliance with applicable City regulations, including submission of all necessary permit applications to effectuate the Mural. Nothing in the Agreement is intended to, nor should be construed to, act as a guarantee that an application for a permit will be granted. c.Property Owner agrees to maintain integrity of the Mural for not less than ten (10) years at their own expense and liability. If ownership of the Property changes within that period, Property Owner agrees to take all reasonable steps to assure that maintenance will be continued. d.Property Owner agrees to consult with City's Community & Economic Development Administrator prior to any removal or alteration of the Mural. e.Property Owner agrees to work with Artist to ensure installation of Mural no later than December 15, 2025. CAG-25-240 3.Property Owner's Grants and Representations: a.Property Owner grants to City a non-exclusive license to graphically and electronically reproduce Mural, while on display, for any and all future publicity endeavors conducted by City, provided that any such reproduction is credited to Property Owner by name. City may use the Property Owner's photograph, other likeness, or biography in connection with the use of Mural. 4.. Property Owner Responsibilities. a.False Statement. The Property Owner understands and acknowledges that providing false information in the Application or on any documents submitted to the City or its designees as part of the Property Owner's participation in the Initiative may constitute fraud, justify termination of this Agreement, trigger the Property Owner's obligation to return funds, and may be subject to civil and/or criminal penalties and/or sanctions. b.No Employee Relationship. The Property Owner understands and acknowledges that neither the Property Owner nor any officer, employee or agent of the Property Owner shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Property Owner or any employee of the Property Owner. c.Non-discrimination. During the performance of this Agreement, and for any acts directly related to the installation or display of subject Mural, the Property Owner shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act {ADA). In the event of the Company's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. 5.Records: Maintenance, Access, Disclosure. Property Owner acknowledges that records may be subject to disclosure under the Public Records Act, Ch. 42.56 RCW. 6.Disclaimer by the City. The City expressly disclaims any and all responsibility or liability to Property Owner or third persons for the actions of Property Owner or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This Agreement does not in any way establish an agency relationship between or among the City and/or Property Owner. 7.Indemnification. To the maximum extent permitted by law, Property Owner shall, at its cost and expense, protect, defend, indemnify, and hold harmless the City, its directors,® PAGE20F5  Approved by Patrice Kent via email 7/22/2025