HomeMy WebLinkAboutContractAGREEMENT WITH MICHAEL CRESSY FOR DESIGN AND USE OF
ARTWORK FOR 2026 UTILITY BOX WRAP PROGRAM
THIS AGREEMENT, dated February 5, 2026, is by and between the City of Renton (“CITY”), a
Washington municipal corporation, and Michael Cressy (“ARTIST”), an individual, whose mailing
address is: 821 Sunset Blvd NE, C3, Renton, WA 98056. CITY and ARTIST 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.
1. Background: CITY and ARTIST mutually wish to contract for CITY’s use of artwork
designed by ARTIST to be reproduced on vinyl wraps and displayed on CITY utility boxes.
2. Scope and Time for Performance: ARTIST agrees to submit to CITY, in a camera ready,
digital format, unless otherwise specified in Exhibit “A,” “Scope of Work,” which is
attached and incorporated herein, the artwork described in Exhibit “A.” Such artwork is
hereinafter referred to as “ARTWORK.” ARTIST agrees to submit ARTWORK to CITY no
later than April 30, 2026.
3. ARTIST’s Grants and Representations:
A. Delivery of ARTWORK to CITY constitutes ARTIST’s certification that (1) ARTWORK is
the original work of ARTIST; (2) ARTIST owns all rights to ARTWORK; (3) ARTWORK is
not currently, and has not previously been, used for any other utility box art in
western Washington State and (4) if ARTWORK contains recognizable images of
particular persons, ARTIST has obtained legally appropriate releases.
B. CITY may alter or crop ARTWORK as needed for fabrication or installation.
C. CITY may display ARTWORK at a location selected by CITY for any term of years, at
the sole discretion of CITY, provided that ARTIST is recognized as the artist on
ARTWORK. CITY may relocate, remove, or destroy ARTWORK at CITY’s discretion,
due to wear, damage, or other for any other reason.
D. ARTIST grants to CITY a perpetual non-exclusive non-commercial license to
graphically and electronically reproduce ARTWORK, while on display, for any and all
future publicity endeavors conducted by CITY, provided that any such reproduction
is credited to ARTIST by name. CITY may use the ARTIST’s photograph, other
likeness, or biography in connection with the use of ARTWORK.
CAG-26-075
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E. At the time of execution of this Agreement, through installation of ARTWORK,
ARTIST has a currently active City of Renton business license.
4. Compensation:
A. Amount. Total compensation to ARTIST for ARTWORK provided pursuant to this
Agreement shall not exceed $1,000.00 (one thousand dollars). Except as specifically
provided herein, ARTIST shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement. Other than as
specified, ARTIST relinquishes the right to any financial proceeds in association with
CITY’s use or reproductions of ARTWORK.
B. Method of Payment. Upon completion of ARTWORK, ARTIST shall submit a voucher
or invoice in aform specified by CITY.Payment shall be made by CITYwithin thirty (30)
calendar days after receipt and approval by the appropriate CITYrepresentative of the
voucher or invoice. CITY may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Artist for failure of the Artist to
perform the Work or for any breach of this Agreement by the Artist.
5. Record Maintenance: ARTIST shall maintain accounts and records, which properly reflect
all work provided in the performance of this Agreement and retain such records for as
long as may be required by applicable Washington State records retention laws, but in
any event no less than six years after the termination of this Agreement. ARTIST agrees
to provide timely and complete access to, and copies of, any records related to this
Agreement as required by CITY to audit expenditures and charges and/or to comply with
the Washington State Public Records Act (Chapter 42.56 RCW). ARTIST shall indemnify,
defend, and hold harmless CITY for all costs, including attorneys’ fees, attendant to any
claim or litigation related to a request made under the Washington State Public Records
Act for which ARTIST has responsive records and for which ARTIST has withheld records
or information contained therein, or not provided them to CITY in a timely manner. The
provisions of this section shall survive the expiration or termination of this Agreement.
6. Independent Contractor Relationship:
A. ARTIST is retained by CITY only for the purposes and to the extent set forth in this
Agreement. The nature of the relationship between ARTIST and CITY shall be that of
an independent contractor, not employee.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
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Program, or otherwise assuming the duties of an employer with respect to Artist or
any employee of the Artist.
C. If the Artistis a sole proprietorship or if this Agreement is with an individual, the Artist
agrees to notify the City and complete any required form if the Artist retired under a
State of Washington retirement system and agrees to indemnify any losses the City
may sustain through the Artist’s failure to do so.
7. Hold Harmless: ARTIST shall defend, indemnify, and hold harmless CITY, its officers,
agents, employees, and assigns, from and against any and all damages, claims, suits,
and/or actions arising from any copyright or trademark infringement, or any negligent
act, negligent activity, or omission of ARTIST or any employee or agents of ARTIST in and
during the performance of this Agreement.
8. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, ARTIST agrees as follows: ARTIST, and ARTIST’s agents, employees,
representatives, and volunteers with regard to ARTWORK performed or to be performed
under this Agreement, shall not discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation or preference, age (except minimum
age and retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment or
application for employment, the administration of the delivery of ARTWORK or any other
benefits under this Agreement, or procurement of materials or supplies.
9. Other Provisions:
A. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
B. General Administration and Management. The City’s project manager is [INSERT
PROJECT MANAGER]. Inproviding Work, Artist shall coordinate with the City’s project
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Successors and Assigns. Neither CITY nor ARTIST shall assign, transfer or encumber
any rights, duties or interests accruing from this Agreement without the written
consent of the other.
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E. Conflicts. In the event of any inconsistencies between ARTIST proposals or ARTIST-
prepared exhibits and this Agreement, the terms of this Agreement shall prevail.
F. Governing Law, Jurisdiction, and Venue. This Agreement shall be made in and shall be
governed by and interpreted in accordance with the laws of the State of Washington
and the City of Renton. 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
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
G. Counterparts. 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.
CITY OF RENTON
By:_____________________________
ARTIST
By:____________________________
Gina Estep
Administrator, CED Department
Michael Cressy
Artist
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
_____________________________
M. Patrice Kent
Sr. Assistant City Attorney
TEMPLATE: 2026/3711
Approved by Patrice Kent via email 2/9/2026
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EXHIBIT A
SCOPE OF WORK
BACKGROUND:
The project will involve Artist submitting original digital artwork that will be used to
wrap utility boxes in various locations throughout the City. Artwork will be delivered to
City in camera ready, digital format. City will use the artwork according to the terms of
Section 3 of the Agreement.
PROJECT DESCRIPTION:
Artistic design:
Lake Washington – The Horizon
Broad, calm planes of color representing the lake’s surface, with stylized
reflections and shoreline elements.
Location of design:7th Ave SW & Linda Ave SW