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HomeMy WebLinkAboutContractlir%ly 0 Al NTO AGREEMENT WITH ALEXANDER CODD FOR MURAL PROJECT THIS AGREEMENT, dated November 13, 2018, is by and between the City of Renton ("CITY"), a Washington municipal corporation, and Alexander Codd ("ARTIST"). 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 enter into this contract for a mural designed by ARTIST to be located on the rear side (south -facing) of a building addressed as 332 Burnett Ave S. 2. Scope and Performance: ARTIST agrees to submit to CITY artwork depicting the subject described in Exhibit "A" or the Call for Entries Public Mural Project for the Vigor Life Building. (The Vigor Life Building is hereinafter the "Building.") Such artwork (including drafts) is hereinafter referred to as "ARTWORK." ARTIST agrees to discuss and revise the contents of the artwork with designated CITY representatives until the Parties have agreed on a final design of the ARTWORK. The final design will be submitted to the CITY's Municipal Arts Commission for review prior to painting. ARTIST will be responsible for painting the ARTWORK in its approved design on the Building and will coordinate with the owner(s) of the Building regarding the same. ARTIST agrees that the CITY has no responsibility for painting or coordinating with the owner(s) of the Building. 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; and (3) if ARTWORK contains recognizable images of particular persons, ARTIST has obtained appropriate releases. B. The ARTWORK will be displayed on the subject building at the discretion of the Building owner(s). ARTIST agrees to inform the Building owner(s) of the obligation to consult with CITY's Community & Economic Development Administrator prior to any removal or alteration of the ARTWORK. CITY, at its own discretion, will cooperate with the building owner and ARTIST in the case that the building owner has reason to remove or alter the ARTWORK in the future, or if the ARTWORK is impacted by wear, vandalism, damage, or other reason, to restore or relocate the ARTWORK as necessary. C. ARTIST grants to CITY a non-exclusive 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. 4. Compensation: A. Amount. Total compensation to ARTIST for ARTWORK provided pursuant to this Agreement shall not exceed $4,000. 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 a form specified by CITY. Payment shall be made by CITY and participating community organizations within thirty (30) calendar days after receipt and approval by the appropriate CITY representative of the voucher or invoice. CITY may withhold payment for work that does not meet the requirements of this Agreement. 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: 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. 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. PAGE 2 OF 4 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. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C. 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. D. Conflicts. In the event of any inconsistencies between ARTIST proposals or ARTIST - prepared exhibits and this Agreement, the terms of this Agreement shall prevail. E. 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. F. 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. 0 PAGE 3 OF 4 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. [SIGNATURES FOLLOW ON THE NEXT PAGE.] CITY OF RENTON By: C.E. "Chip" Vincent Administrator, City of Renton, Community and Economic Development Date Approved as to Legal Form Shane Moloney Renton City Attorney ARTIST Is By: CLOC�115 Alexander Codd Artist Dat 0-, p w.. S . Address Line 1 Address Line 2 206.473.2263//acodd.codd03(( gniaiLcom Telephone / Email Address Exhibit A Downtown Mural Project Scope of Work Project Description: The project is a partnership between the City of Renton and visual artist Alexander Codd. The artist will create an artistic design to be installed on the on the South. The mural will face Tonkin Park and S 4th Street, a major thoroughfare through Downtown Renton. The City of Renton is working to bring more life to the Downtown Core, to make the area more welcoming to pedestrians and drivers, and this mural will be a part of that process. Deliverables: • A proposed design concept to be presented to the Renton Municipal Arts Commission for discussion and possible alteration. • The artist will work with the Arts Commission to approve the final design before execution. • All supplies will be paid for by the building owner. The mural must be completed no later than May 1, 2019. Timeline: Phase One: An original design will be presented to the Renton Municipal Arts Commission for selection prior to the March Arts Commission meeting at 6pm on Tuesday, March 5, 2019. Phase Two: The final design will be delivered no later than April 2, 2019. Phase Three: The artist will work with the property owner. Luka Hocevar, to install the mural. All supplies will be paid for by the building owner. Installation will take place no more than 6 weeks after the delivery of the final design. Project Budget: Total for artistic design (original draft): $5,000 Total time to paint mural: 3-3.5 weeks