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HomeMy WebLinkAboutContractAGREEMENT WITH EQUINOX ART & DESIGN FOR SUNSET BLVD PUBLIC ART PROJECT THIS AGREEMENT, dated December 13, 2018, is by and between the City of Renton ("CITY"), a Washington municipal corporation, and Marsha L. 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 enter into this contract for a public art project designed by ARTIST to be located on the fence on Sunset Blvd NE between Edmonds Ave NE and Harrington Ave NE. 2. Scope and 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 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. ARTIST will be responsible for installing the ARTWORK in its approved design on the fence identified in Exhibit A. ARTIST will coordinate with designated City representatives to select approved materials prior to design or installation. ARTIST agrees to create and install ARTWORK no later than June 30, 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) to the extent others contributed to the ARTWORK, ARTIST assumes all responsibility and liability for any claims of right to the ARTWORK by such others; (3) ARTIST owns all rights to ARTWORK, including having obtained any rights that ARTIST did not originally possess; and (4) if ARTWORK contains recognizable images of particular persons, ARTIST has obtained appropriate releases. B. ARTIST acknowledges that the ARTWORK will be displayed on the subject location at the discretion of the City as the owner of the subject location. The CITY retains all right to remove, maintain, restore, relocate, or otherwise alter the ARTWORK in the future for any reason. 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 $12,500. Notwithstanding anything that could be deemed contrary in the foregoing or in Exhibit A, the $12,500 compensation amount will be provided as follows: City will provide $10,000 (the "City Portion") and participating community organizations and donors will provide $2,500 (the "Non -City Portion"; the City shall have no responsibility for the Non -City Portion. 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. Payment Schedule. 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. ARTIST will be solely responsible for collecting the Non -City Portion. ARTIST acknowledges that this Section 4B prevails over the payment schedule provisions in Exhibit A. 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. 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 PAGE 2 of 5 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, or any breach of this Agreement of or by 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 PAGE 3 OF 5 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.] CITY OF RENTON By: 4f. a ., C.E. "Chip" Vince t Administrator, Cit of Renton, Community and onomic Development Date (D PAGE 4 OF 5 ARTIST Marsha Rolli r dba Equinox Art & Design, a sole proprietorship 1z121Jl8 Date ( 6 18 sl�-- 4 Tl� POCC Address Line 1 j2emToN ,'WA, 9 &Sq Address Line 2 ci2c,-SU3-458l; Im afs� 4 Q Telephone / Email Address Xwk Approved as to Legal Form Shane Moloney Renton City Attorney a" PAGE 5 Of 5 EXHIBITA C R E A T I V E NE SUNSET BLVD. FENCE ART PROJECT • LOCATION: Fence on NE Sunset Blvd/SR 900, starting at the corner of Edmonds Ave NE (and eastward) • TIMELINE: now through May 2019 • CONCEPT BY: MxM Creative (dba Equinox Art & Design) Project overview The objective is to create a piece of art on the NE Sunset Blvd Fence that runs 810 feet long along the south side of 900. The project would help identify the area and the people who live there. By using the Sunset master plan as our guide, we would have open discussions with the community to determine what would be best suited to represent a theme. After a public meeting where this theme will be discovered, we take the theme to McKnight Middle School, which is just up the hill, and engage the students in being a part of the design and possible install. The middle school students would be encouraged to take the theme and blend math with their own creative process to come up with designs that Marsha and I would use to pull the vision together in a cohesive format. This design would then be taken back to the city and arts commission for final review. Install would happen in the spring of 2019. The participation at this point will be determined by the previous steps as we will strive to make it a community event. Step #1 The city likes the concept and approves MxM Creative to move forward. Step #2 Public meeting to be set up with the Sunset neighborhood. This meeting will be vital in enhancing community creativity and community well-being by: • providing a creative focus for the Sunset community to explore their issues and aspirations • creating new and diverse artistic work and cultural experiences in this under served area • developing confidence, pride and a sense of belonging in participants Step #3 MxM Creative will take the theme that emerges from this meeting to apply to a design concept that will be used to engage the middle school. Step #4 Connect with McKnight Middle School MxM Creative feels strongly about connecting with the local middle school because we feel this is an audience that is under served and are at an age where they feel very disconnected from their community. This would be used as a way to engage a lost audience and give them pride in themselves and their environment. We would do this by: • creating social inclusion and equality - respecting diversity and inclusive of differences and needs • active participation • creative collaboration • community and collective ownership of the project • creating respect and trust amongst the students and volunteers • empowerment of participants • development of skills, knowledge, capacity and how to in a community art project Step #5 MxM Creative will take the designs from the students to create a collective piece of art that will then be reviewed by the city and arts commission for final review. Future steps will be determined by the results of steps #1-5 WWW.MXMCREATIVE.FORMAT.COM MXMCREATIVE@EQUINOXART.00M Budget: The budget for this project is $12,500. The Budget covers the following: • Project Overhead: Site Visits, Client Meetings, Travel, Mileage, Planning, Documentation • Community Visioning sessions (1-2) • In -School design workshops (2-3) 0 Cost of Materials and Fabrication that meet CITY standards • Installation, including site preparation 0 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.