Loading...
HomeMy WebLinkAboutContractCAG-18-231 AGREEMENT WITH YVONNE CHAN FOR DESIGN AND USE OF ARTWORK THIS AGREEMENT, dated October 17, 2018, is by and between the City of Renton ("CITY"), a Washington municipal corporation, and Yvonne Chan ("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 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 Dec. 31, 2018. 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 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 $1,000, 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. 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. 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 PAGE 2 OF 4 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. CITY OF RENTON [SIGNATURES FOLLOW ON THE NEXT PAGE] 0 PAGE 3 OF 4 ARTIST By: i C.E. "Chip" Vincent Administrator, City of Renton, Community and Economic Development Date c��'22 j Approved as to Legal Form Ze Shane Moloney Renton CITY Attorney a PAGE 4 OF 4 ARTIST By — Yvo a Chan Artist Date !fig ►� wa (I � t� 1 Ave N Address Line 1 Address Line 2 Telephone / Email Address Downtown Utility Box Art Project Scope of Work Project Description: The project is a partnership between the City of Renton and visual artist Yvonne Chan. The artist will create artistic designs to be printed on vinyl wrap and hung on a traffic signal box in Downtown Renton. Deliverables: • 1 set of digital designs in a format consistent with the installers, NWPrint, specifications • 3 unique designs to be presented to the Renton Municipal Arts Commission for selection. Timeline: Exhibit A Locations of utility box in Downton Renton at the corner of S 2nd and Main Ave S Phase One: Three unique designs will be presented to the Renton Municipal Arts Commission for selection at the November Commission meeting at 6pm on Tuesday, November 6, 2018. Phase Two: Final designs will be delivered no later than December 1, 2018. Chan will submit the selected design to the City of Renton via a cloud based folder such as Dropbox or Google Drive. Phase Three: The City will deliver the artwork to the contractor to carry out the fabrication and installation of the vinyl wraps. Installation will take place no more than 6 weeks after the delivery of the digital designs.