HomeMy WebLinkAboutContract CAG-19-007
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AGREEMENT WITH EQUINOX ART & DESIGN FOR DOWNTOWN
REVITALIZATION: BRANDING DESIGN SERVICES
THIS AGREEMENT, dated December 26, 2018, is by and between the City of Renton ("CITY"), a
Washington municipal corporation, and Marsha Rollinger dba Equinox Art & Design ("ARTIST"),
a sole proprietor. 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 street banners to be displayed on CITY street
poles in the Downtown.
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, 2019.
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 $5,000. 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 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
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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.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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CITY OF RENTON ARTIST
By: UAW
C.E. "Chip"Vincent Marsha Rol ' er
Administrator, City of Renton, Dba Equinox Art& Design, a sole
Community and Economic proprietorship
Development
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Telephone/ Email Address
Approved as to Legal Form
Shane Moloney
Renton CITY Attorney
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Exhibit A
Downtown Holiday Banners
Scope of Work
Project Description:
Continuing efforts to implement Downtown Revitalization,with a focus on downtown
branding and promotion,the City will utilize the design services of Equinox Art&Design
to produce a new set of holiday banners,to hang on downtown streetlights,which will
reflect the Renton Community Marketing Campaign brand strategy.
Deliverables:
• 5 unique designs to be presented to the Renton Municipal Arts Commission for
final approval.
• Set of 5 digital designs in a format consistent with the fabricator's, Leatherback
Printing,specifications.
Timeline:
Phase One:Three unique designs will be presented to the Renton Municipal Arts
Commission for selection no later than the June Commission meeting at 6pm on
Tuesday,June 4, 2019.
Phase Two: Final designs will be delivered no later than August 1, 2019. Equinox 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 of the holiday banners.
The following page details the services and fees to be provided by Equinox Art&Design.
Estimate
e qu i 11 o x PROJECT rr: 1812.002
` art & design ESTIMATE DATE: 12/27/18
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ESTIMATE FOR: City of Renton ESTIMATE BY: Equinox Art & Design
Jessie Kotarski Marsha Rollinger
JKotarski@Rentonwa.gov 6618 SE Gth Place
Renton, WA 98059
425-5Q3-4585
DESCRIPTION TOTAL
Downtown Renton Holiday Banners: $5000.00
-Work with Jessie Kotarski/City of Renton to come up with holiday banner theme/direction
-Provide multiple concepts based on direction
-Finalize 5 individual banner designs once concepts are chosen
-Supply final,print-ready files to printer for each banner
-Work with printer to ensure designs print correctly(review color proofs,press checks,etc.)
Pricing includes up to three rounds of revisions on banners and all administrative time.
TOTAL: $ 5000.00
TERMS FOR PAYMENT ARE
30 DAYS NET FROM INVOICE DATE
www . equinoxartdesign. com
m.rollinger@comcast.net • 425.503.4585 • 6618 SE 4th Place • Renton, WA 98059