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Home My WebLink AboutContractCAG-18-261 AGREEMENT WITH VIKRAM MADAN FOR DESIGN AND USE OF ARTWORK THIS AGREEMENT, dated Dec 1, 2018, is by and between the City of Renton ("CITY"), a Washington municipal corporation, and Vikram Madan ("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 to be designed and installed by ARTIST on the backs of city signs around Burnett Linear Park. 2. Scope and Time for Performance: ARTIST agrees to create and install artwork as specified in Exhibit "A," "Scope of Work," which is attached and incorporated herein Such artwork is hereinafter referred to as "ARTWORK." ARTIST agrees to create and install ARTWORK no later than Mar. 31, 2019. 3. ARTIST's Grants and Representations: A. Installation of ARTWORK for 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 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. C. ARTIST grants to CITY a non-exclusive non-commercial 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 $11,130, plus any applicable state and local sales taxes. Compensation shall be paid based upon Services actually performed according to the rate(s) or amounts specified in Exhibit A. Other than as specified, ARTIST relinquishes the right to any financial proceeds in association with CITY's use or reproductions of ARTWORK. B. Payment Schedule. Payment will be made in three equal installments. The first 1/3rd payment will be due to ARTIST on signing of contract, for purposes of initiating research and design. The next 1/3rd payment will be due to ARTIST upon written or verbal approval of designs by appropriate CITY representative, for purposes of Artwork fabrication. The final 1/3rd of the payment will due to ARTIST after ARTWORK has been installed by artist. C. Method of Payment. For each payment milestone as specified in Section 413, 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. Any payments received by ARTIST will be non-refundable. S. 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. 0 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 [SIGNATURES FOLLOW ON THE NEXT PAGE.] CITY OF RENTON ARTIST 1/1 VA 11" g°' By: \,/ By: C.E. "Chip" Vincent Vikram Madan Administrator, City of Renton, Artist Community and Economic Developm nt lilt if 12/1/2018 Date Date 13801 SE 52nd PL Address Line 1 Bellevue WA 98006 Address Line 2 425-373-0270 Vikram.Madan@Live.com Telephone/ Email Address Approved as to Legal Form Shane Moloney Renton CITY Attorney (;) PAGE 4 OF 4 EXHIBIT A Scope of Work Project Summary: This project is to activate the area around the Burnett Linear Park in Renton with custom imagery that celebrates the history of Renton in a fun and whimsical way. ARTIST will create twenty unique, original designs to be installed on the back of street signs around the Park. The artwork will be colorful and suitable for diverse audiences. Location of artwork: The artist has identified 25 potential sites for activation, comprising of 31 different street signs (see Appendix A). The artist will select the 20 most promising signs and create artwork of the same size and shape as the signs. Artist will oversee installation of the artwork. Selected signs will meet CITY approval as needed. Materials: The artwork will be reproduced on UV -Safe Removable Adhesive Vinyl, coated with anti - graffiti coating specified by CITY/transportation maintenance. Artwork will incorporate existing sign serial numbers as requested by the CITY. The Vinyl is weatherproof and offers ease of installation and de -installation. Artist will oversee fabrication of the artwork and maintain the original designs so the artwork can be recreated in the future, in the event of damage, loss, sign replacement or unforeseen site changes. Artwork will be fabricated locally and Artist will warrant materials for 1 year. Signs shall not be offset to accomodate artwork. Budget: The budget for this project is $11,130+ tax. The budget covers the following: • Project Overhead: Site Visits, Client meetings, travel, mileage, planning, documentation • Research into Renton History to identify suitable themes • Twenty custom, site -specific Art Designs • Cost of Materials and Fabrication, including anti -graffiti coating to CITY standards • Installation, including site preparation • 1 year warranty on materials and installation Payment Schedule: • 1/3rd upon signing of contract to fund research and design • 1/3rd upon design approval to fund fabrication and installation • 1/3rd on project completion All payments once received are non-refundable. Appendix A (Site Map) Burnett Linear Park Mini -Mural Project ENTER NOT TER 25 Potential Sites 31 Potential Signs 10 c, Burnett Linear Park =r • > *C: ri gip=r 00 0 0 0* 0 S 6th St 0 C09 -.0 rz 0 Appendix B (Examples of Prior Similar Work)