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HomeMy WebLinkAboutContractAGREEMENT WITH AMY FERRON FOR DESIGN AND USE OF ARTWORK FOR UTILITY BOX WRAP PROGRAM THIS AGREEMENT, dated February 23, 2023, is by and between the City of Renton (“CITY”), a Washington municipal corporation, and Amy Ferron (“ARTIST”), a sole proprietor, whose mailing address and contact information is: 9108 SE 72nd Pl, Mercer Island, WA 98040, 206-232-4243, aferron57@gmail.com . 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, 2023. 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 legally appropriate releases. B.CITY may alter or crop ARTWORK as need 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 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-23-115 PAGE 2 OF 5 4. Compensation: A. Amount. Total compensation to ARTIST for ARTWORK provided pursuant to this Agreement shall not exceed $800.00, as specified in Exhibit A. 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 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. 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 Program, or otherwise assuming the duties of an employer with respect to Artist or any employee of the Artist. PAGE 3 OF 5 C. If the ARTIST is 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. City of Renton Business License: Unless exempted by the Renton Municipal Code, ARTIST shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 8. 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. 9. 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. 10. 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 Jessie Kotarski. In providing Work, ARTIST shall coordinate with the City’s contract manager or his/her designee. 3/30/23 Approved by Patrice Kent via PAGE 5 OF 5 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. SERVICES The ARTIST shall submit a design in a high resolution, digital format for each utility box chosen. The final artwork must be a high enough resolution to print correctly on the final box wrap at full size (either vector files or raster image files approximately 150 inches wide x 70 inches high at no less than 100dpi). The City will then provide the design(s) to a contractor for fabrication and installation. ARTIST(s) will receive $800 for the selected design upon receipt of the artwork in a compatible form. Artwork submitted MUST NOT currently appear (nor have been previously used) as utility box art in Western WA. PROJECT DESCRIPTION: Artistic design: Earth Laughs Flowers – This artwork depicts a field full of wildflowers in colorful bloom. It would soften the hardscape around a utility box and bring to mind a colorful natural scene. Location of design: Rainier Ave & S 7th St