HomeMy WebLinkAboutAnti Incorporated/Sheila Kleint,.~~ -.a.... . ~Oq@YIIAN YOU iMAGlNbp
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this I q~ day of June, 2010, by and between the
City of Auburn, Washington (CITY), a Municipal Corporation of the State of Washington herein referred
to as "CITY" and Anti-Incorporated c/o Sheila Klein, whose contact information is, 6988 Bayview
Edison Road, Bow, WA 98232, herein referred to as "ARTIST."
WHEREAS, the City is currently re-designing the City Hall Plaza (the "Site"); and
WHEREAS, the City desires to contract with the Artist to design (the "Artwork") for the Site; and
WHEREAS, the Work is to be integrated lighting elements on the Site, requiring coordination between the
Artist, the City's architects, and the contractor selected to construct the City Hall Plaza,
NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN DO AGREE AS FOLLOWS:
1. RETENTION OF ARTIST: The CITY does hereby retain the ARTIST to perform the work and
services described herein. The parties agree that the ARTIST is an independent contractor and shall
furnish all supervision, labor, and all other incidentals except as specifically provided herein and the
ARTIST agrees to conduct and complete the performance in a competent and professionai manner in
accordance with the terms of this Agreement.
2. SCOPE OF WORK: The ARTIST agrees to provide the following specific services:
Consult with the City's project team regarding designs for the Public Art to be located in the remodeled
City Hall Plaza, and shall present and submit preliminary and final designs for the Artwork to the City for
approval and selection.
3. SITE OF ARTWORK: The ARTIST will design a public art component to be part of the City Hall
Plaza, 25 W. Main, Auburn WA.
4. REQUIREMENTS
a. The CITY shall provide the following for this performance: Coordination between staff
and consuiting firm Makers (Contractor) and design plans.
b. The ARTIST shall provide the following: Initial design proposal to the Arts Commission
and final design proposal to the Downtown Redevelopment Committee.
5. COMPENSATION
a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST scope
of work, the ARTIST shall receive total compensation, inclusive of travel, of $10,000.00.
6. PAYMENT SCHEDULE
The ARTIST shall be paid as outlined in Item 5 above by the CITY upon signature of this contract
for the completed work and performance in compliance with the terms of this Agreement. Such
payment shall be full compensation for all work performed and services rendered under the terms
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of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the
CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all
taxes, which may be due as a result of performance under this contract.
a. Fabrication and Installation of the designed artwork by the ARTIST will be addressed in a
separate contract per compliance with the regulations of the CITY Finance Department.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its AGENTs, representatives and
employees harmless from and against any and all claims, causes of action or demands or any
form of liability of any nature including, but not limited to any copyright infringements for musical
performances, arising out of the performance and obligations contained in this Agreement on the
part of the ARTIST, its AGENTs, representatives and employees except where such claims arise
solely from the negligent acts of the CITY, its AGENTs, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST
cannot perform because of fire, accident, act of God or impossibility of performance, through no
fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually
agreed upon date to occur not more than 12 months following the date of the initially scheduled
performance, either at the same VENUE as initially scheduled or at another comparable venue
available to the CITY for such performance. If the performance cannot be rescheduled within that
time frame, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to
CITY.
If the performance cannot proceed through some fault of the CITY, but the CITY gives at least
ninety (90) days advance notice of cancellation to the ARTIST, 50°/a of total Deposit (Item 5-A:
ARTIST Fee) paid to ARTIST shall be returned to CITY. If the performance cannot proceed
through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of
cancellation to the ARTIST, none of the total Deposit (Item 5-A: ARTIST Fee) shall be returned to
CITY.
10. TERMINATION
In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of
this Agreement, or any obligations hereunder, the CITY may at its option terminate the
Agreement. Such remedies shall be in addition to any other right or remedy each may have.
11. NOTICES
Any notice required or permitted under this Agreement may be personally served, or given in
writing, and shall be deemed sufficiently given or served if sent by registered or certified mail
addressed to the respective parties as follows:
CITY Maija McKnight, Arts Coordinator
City of Auburn Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
253-931-5043 1 Mmcknight@auburnwa.gov
ARTIST Anti-Incorporated
Sheila Klein
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. .M0artTWANY0UIMAGI110
6988 Bayview-Edison Road
Bow, WA 98232
Phone: 360-766-6102
sheklein(a),fidalgo. net
AGENT n/a
Either party may at any time designate a different address to which notices shall be sent. Notice
given in accordance with these provisions shall be deemed received when mailed.
12. GENERAL PROVISIONS
The following provisions may apply:
A. No waiver by either party of any breach or default hereunder shail be deemed a waiver of
any preceding or any subsequent breach or default.
B. This Agreement may not be changed or modified nor any provision hereof waived except
in writing agreed to by both parties.
C. This Agreement shall be construed in accordance with and all questions with respect
hereto shall be determined by the laws of the State of Washington.
D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may
be incurred by the CITY in enforcing the provisions of this Agreement.
E. In the performance of the work herein, the ARTIST agrees to comply with all applicable
State and local laws, rules and regulations.
"igrfa-ture) -
ARTIST TAX D#:
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DATE
ITY ~
PETER B. LEWIS, MAYOR
JUN 16 2010
DATE
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ST:
Danielle Da j
CITY Clerk
APP ED O O
Daniel B. H i
CITY Attorney
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