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HomeMy WebLinkAboutContract2025 AGREEMENT WITH BENSON BRUINS JUNIOR FOOTBALL ASSOCIATION RENTON PAINT WITH PURPOSE INITIATIVE THIS AGREEMENT, dated for reference purposes only as 7/21/2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Benson Bruins Junior Football Association (“Property Owner”), a Washington State Nonprofit, 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.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. Parties agree as follows: 1.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. 2.Scope and Performance. Property Owner agrees to host and maintain artwork as specified in Exhibit 3 “Property Owner’s Application” which is attached and incorporated herein. Such scope is hereinafter referred to as “Mural.” 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-25-241 PAGE 2 OF 5 3. Property Owner’s Grants and Representations: a. Property Ownergrants to Citya 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. Citymay 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 Ownernor 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, PAGE 3 OF 5 officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Property Owner, its directors, officers, employees, or agents, relating in any way to Property Owner’s performance or non-performance under the Agreement. Property Owner agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, Property Owner, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker’s Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination of the Agreement. 8. Conflict of Interest. a. The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Property Owner shall not give a gift of any kind to City employees or officials. b. Property Owner also confirms that Property Owner does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Property Owner, negotiating or administering this Agreement, or evaluating the Property Owner’s performance of the Work. 9. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below. Email and telephone may be used for purposes of administering the Agreement but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jessie Kotarski Economic Development Manager CED/City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057 Phone: (425) 430-7271 Email: jkotarski@rentonwa.gov PROPERTY OWNER Thomas Wray (or Eviadean Wright) Benson Bruins Jr. Football Association 1319 S Puget Dr Renton, WA 98055 Phone: 425-761-1790 Email: vpbensonbruins@gmail.com 10. Waiver/Conflict of Terms. a. Any waiver by the Property Owner or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any PAGE 4 OF 5 subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. b. In the event of any inconsistencies between Property Owner proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Property Owner- prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. 11. Modification. This Agreement may only be amended by written agreement signed by both Parties. 12. Conflicts. In the event of any inconsistencies between Property Owner proposals or Property Owner-prepared exhibits and this Agreement, the terms of this Agreement shall prevail. 13. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Agreement are declared severable. 14. Governing Laws.Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King City Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King City, Washington, or its replacement or successor. Property Owner hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Property Owner is a foreign corporation not registered with the State of Washington. 15. Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded.The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. ** SIGNATURES ON FOLLOWING PAGE ** PAGE 5 OF 5 CITY OF RENTON By:________________________ BENEFICIARY By:___________________________ Gina Estep, Administrator Community & Economic Development Department Thomas Wray Benson Bruins Junior Football Association __________________________ Date _____________________________ Date Approved as to legal form: __________________________ M. Patrice Kent Sr. Assistant City Attorney Paint with Purpose Grant Template: 03.25.2025 (File #:______) ____________ homas Wray July 23, 2025 CITY OF RENTON Byyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy:____:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Gina Estep, Administrator Community & Economic Development Department __________________________ Date ϳͬϮϯͬϮϬϮϱ Approved by Patrice Kent via email 7/22/2025 Paint with Purpose: Mural Partnership Interest Form Property owners, businesses, or public agencies interested in participating must submit an interest form to the City of Renton. Apply to partner with the Paint with Purpose Program to install public art on your building to combat graffiti. By checking the button below and submitting this form, I confirm that I have read the programb guidelines and am familiar with the program and its processes. Submitting your interest to partner for a mural does not guarantee selection. All applications will be reviewed based on location, project fit, and alignment with the broader public art vision. We appreciate your interest and thank you for contributing to Renton’s artistic growth! First Name * Thomas Last Name * Wray E-mail * vpbensonbruins@gmail.com Phone Number 425-761-1790 Format: XXX-XXX-XXXX Address (of property interested in the program)* Street Address Corner of 116th Ave SE and SE 168th St. Address Line 2 Parcel No. 0088000934 City Renton State/Province/Region Washington Postal/Zip Code 98055 Type of Property * Residential Business Public Has the property been impacted by graffiti?* No Yes If yes, please describe the extent of graffiti issues:* Over the past several years, our (Benson Bruins Jr. Football Association) equipment sheds have experienced a lot of graffiti, which lead the City of Renton to contact us and required us to remove the graffiti. Are there specific mural ideas or themes you envision for your property?* A football and cheer theme would be ideal capturing our history with the City of Renton since 1977, highlighting our 2022 FBU National Championship, our state championship and our multiple league championships. We would also like to incorporate our commitment to City of Renton youth and community. Are you willing to provide partial funding or maintenance support for the mural?* Yes No Additional Comments: (Please provide any other relevant details about your property, concerns, or ideas.) By checking the button below and submitting this form, I confirm that I have read the program guidelines and am familiar with the program and its processes.