HomeMy WebLinkAboutContractCAG-18-230
AGREEMENT WITH WILL SCHLOUGH FOR MURAL PROJECT
THIS AGREEMENT, dated October 9, 2018, is by and between the City of Renton ("CITY"), a
Washington municipal corporation, and Will Schlough ("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. Backeround: CITY and ARTIST mutually wish to contract for ARTIST's painting of a mural
designed by ARTIST to be located on the rear side (south -facing) of a building addressed
as 811-819 S 3rd Street.
2. Scope and Performance: ARTIST agrees to submit to CITY artwork depicting the subject
described in Exhibit "A" or the Request for Qualifications/ Renton Downtown Mural
Opportunity. Such artwork 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. The final design will be submitted to the
CITY's Municipal Arts Commission for review prior to painting.
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. 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 $6,000. The compensation amount will be provided as
follows: City will provide $5,000 and participating community organizations and
donors will provide $1,000. A portion of the latter amount may be provided in the
form of in -kind contributions, such as materials needed to complete the painting of
the ARTWORK on the building. 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
a
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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. 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.
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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
Developgnent
16 Z27 ZI t
Date i
Approved as to Legal Form
Shane Moloney
Renton City Attorney
a
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ARTIST
Will Schlough
Artist
October 9, 2018
Date
936 NW Market St Seattle, WA 98107
Address Line 1
Address Line 2
603.686.6175 willschlough@gmail.com
Telephone / Email Address
Request for Qualifications
Renton Downtown Mural Opportunity
Introduction
A group of community volunteers are collaborating with the Renton Municipal Arts
Commission ("project team") to place a mural of former boxing great Boone "Boom
Boom" Kirkman on a prominent blank wall in Downtown. We are seeking an artist to
create a mural design with Boom Boom's likeness and paint the mural on the building
wall. The opportunity is open to artists that are experienced in or fully understand the
process of mural design development and painting.
Project Overview
You may have noticed that Renton's Downtown has experienced the painting of several
new murals on building walls over the past several years. These murals are the result
of diligent efforts of building owners, Arts Commission, City of Renton, many community
organizations and partners, and very talented and dedicated artists. The City, project
team, and downtown community believe in supporting local artists and in the power of
placemaking as a tool for community and economic development.
Mural Subject: So who is Boom Boom? Daniel Victor "Boone" Kirkman is a former
amateur and professional heavyweight boxer. Also fighting under the nickname of
"Boom Boom," he fought during the same era of George Foreman, Muhammad Ali, and
Joe Frasier, which is often credited as one of the greatest heavyweight eras of all time.
Kirkman moved to Renton, where his grandfather originally settled, at a young age and
stills lives here. His family owned a local pub, the Melrose Tavern, which is now the
Melrose Grill and located a half block south of the mural location.
Some of Kirkman's boxing career highlights include:
• Won the AAU Heavyweight Boxing national title in 1965.
• Finished his professional boxing career with a record of 36-6 (1966-1978).
• Significant opponents during his career included George Foreman, Jack
O'Halloran, and Ken Norton.
Boone "Boom Boom" Kirkman Mural June 2018
Kirkman's post -boxing career life has included working for the Boeing company and
enjoying hiking and mountaineering. He has scaled all of Washington's most famous
mountain peaks: Rainier, Baker, Adams and Saint Helens.
Location: The mural location is the south wall of a building that fronts the southwest
corner of S. V Street and Wells Avenue (see photo below; building is addressed as
817 S. V Street). The south wall is prominently located just north of the Post Office,
just south of S. 3rd Street (Downtown's main street), and adjacent to numerous popular
cafes including Melrose Grill, Marianna Ristorante, Cedar River Smokehouse Barbecue,
and Common Ground Coffee & Cupcakes. At the foot of the wall is a recent landscape
art installation by the Arts Commission, completed as part of its award -winning
Galvanizing Arts Project.
The entire wall is available to host the mural. However, due to its size and the project
budget, no specific mural size is mandated as part of the RFQ. The mural should be
located so that it is visible to drivers, cylists and pedestrians as they pass along Wells
Avenue. Minimal preparation is anticipated for the mural painting as the existing paint
will serve as a good base.
Boone "Boom Boom" Kirkman Mural June 2018
Design and Approval: After selection, the artist will be requested to develop a design
concept that will be reviewed by the project team for input. The professional boxing
photo of Boom Boom below is intended to serve as the inspiration for the mural;
however, the artist is requested to interview Boom Boom and consult any other
background materials to learn more about his life and careers.
After the artist develops a final design based upon the input, and the project team and
artist have approved it, the design will be submitted to the Arts Commission during one
of its monthly meetings for general comments. Following the Arts Commission meeting,
the artist is responsible for painting the mural on the wall.
Budget: The Arts Commission is providing $5,000 to fund the project. The selected
artist will be requested to develop a working budget during the design phase. The
budget should account for all costs associated with interviewing/researching, designing
and painting the mural. The project team will assist the artist in negotiating beneficial
pricing for paint and supplies with local vendors. Depending upon the design
development and collective desires of the project team and artist, additional funding
may be solicited to ensure that the quality, size and painting needs of the selected
design can be achieved.
Boone "Boom Boom" Kirkman Mural June 2018
The selected artist will be requested to sign an agreement with the building owner
covering some general terms of the project.
Project Timing: The project team would like to select an artist, work through the
design/approval phase, and complete the mural painting during the current non -rainy
season. Preferred completion would be by October 31, 2018.
Inquiries
All inquiries and submissions related to this request are to be directed to:
Jessie Kotarski
Department of Community and Economic Development
Renton City Hall, 6th Floor
1055 S Grady Way, Renton WA 98057
Telephone: (425) 425-7271
Email: ikotarski cCD.rentonwa.gov
Closing Date
Complete submissions must be received by Monday, June 25, 2018 at 12:00 noon to
be considered for this project. Submissions should be clearly marked with the name and
address of the respondent and the project title.
Late responses may be permitted at the sole discretion of the project team depending
on the quality of the submissions and the volume of the initial response. However,
respondents are strongly encouraged to submit materials before the posted deadline.
Eligibility
This request is open to any and all artists in the greater Seattle area, but artists living or
working in Renton are especially encouraged to submit their qualifications. This
program is not intended to support advertising or other signage.
Boone "Boom Boom" Kirkman Mural June 2018
Notification
The selected artist will be notified by a member of the project team within approximately
one week after the submission deadline.
Evaluation Criteria and Selection
The project team will consider the following criteria in selecting an artist for this project:
• Artistic quality as exemplified in previous work
• Ability to think and work in a scale appropriate for outdoor public art, especially
murals
• Ability to convey the mural subject through mural art
• Ability to relate to multiple audiences (pedestrians, cyclists, drivers)
• Ability and willingness to plan, design and execute the mural art within the
project's available funding.
The project team reserves the right, at its sole discretion, to select an artist from the
respondents to this RFQ, or to accept no artist and solicit additional respondents.
Submission Requirements
To submit your qualifications for consideration, please include in your submission
package:
• a cover sheet with your name, mailing address, home and/or cell phone number,
email address and website (if applicable)
• A resume that includes exhibition history, past projects, and/or a brief description
of public art projects especially highlighting any previous murals (do not exceed
two pages)`
• A minimum of two examples of previous work including a brief description of
each
• A statement of interest in this opportunity.
Submit your application via email, mail, or hand -delivery to inquiry contact listed above.
If you are a student, a letter of recommendation from an art teacher may be accepted in lieu of a resume
Boone "Boom Boom" Kirkman Mural June 2018