The URL can be used to link to this page

Home My WebLink AboutShunpike - Seattle Storefronts "PI "OU(MAGINV AGREEMENT FOR ARTISTIC , SERVICE �r THIS AGREEMENT is made and entered into this � OO day of ►V�a , 2013, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Storefronts Seattle, acting by and through Shunpike whose contact information is, 3518 Fremont Ave N #118, Seattle, WA 98122, herein referred to as "SHUNPIKE". WHEREAS, the CITY desires to contract with the SHUNPIKE to Storefront art installations for the public in Auburn, Washington; and WHEREAS, the SHUNPIKE has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and SHUNPIKE in consideration of the conditions and covenants herein do agree as follows: 1. TERM OF AGREEMENT This agreement shall be effective beginning January 1, 2013 and shall expire on December 31, 2013 unless terminated earlier pursuant to the provisions hereof. Shunpike shall complete the services under (2) Scope of Work by the expiration date, unless it has been extended by written amendment between the parties. 2. SCOPE OF WORK: Shunpike shall perform the following services at the times and locations specified in Attachment A. 3. COMPENSATION In consideration of the services to the CITY in connection with the SHUNPIKE scope of work, SHUNPIKE shall receive $2700 base fee and a per-completed project fee of$880. 4. PAYMENT SCHEDULE The ARTIST shall be paid as outlined in Item 3 above by the CITY 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 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. --------------------------------------------------------------- Shunpike-COA Contract 2013 Page 1 of 5 A UB- W_ 1RN -..-.-.w�pyLy,tPUN YOUfMAGINEO a. Base Fee of$2700 will be sent to Shunpike within 30 days of the execution of this contract, per compliance with the regulations of the CITY Finance Department. c. Per project based fee of$880 will paid upon receipt of invoice on a per- project basis. The payment to the SHUNPIKE shall be in compliance with the regulations of the CITY Finance Department. The SHUNPIKE agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. 5. PERSONNEL AND SUB-CONTRACTING SHUNPIKE may provide such employees or independent contractors as SHUNPIKE deems appropriate, and as CITY deems acceptable for the performance of the services. 6. PROMOTIONAL RESPONSIBILITIES Promotional materials shall be mutually agreed upon between the CITY and SHUNPIKE and outlined in Attachment A 7. INDEMNIFICATION SHUNPIKE 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 and obligations contained in this Agreement on the part of the SHUNPIKE, its AGENTs, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its AGENTs, representatives or employees. 8. TERMINATION OF AGREEMENT Either party may terminate this Agreement at for any reason on sixty (60) days' written notice of intent to terminate by providing to the other party prior written notice of termination specifying in such notice the effective date thereof. In the event of termination by Shunpike because of CITY's default, CITY shall not be relieved of liability to SHUNPIKE for any damages sustained by Shunpike by reason of such default or arising from the performance of improper performance under this Agreement. I. NO WAIVER --------------------------------------------------------------- Shunpike-COA Contract 2013 Page 2 of 5 Au- VIANYOU 1MACINE�' No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default of any of the terms, covenants and conditions of this agreement. The payment or acceptance of compensation for any period after default shall not be deemed a waiver of any right or acceptance of defective performance. 10. AMENDMENT The parties hereto expressly reserve the right to amend this Agreement from time to time as they deem necessary and appropriate; provided, that no modification hereof shall be valid unless in writing and signed by the authorized representatives of the parties hereto. 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 253-931-3043 1 mmcknight @auburnwa.gov SHUNPIKE Michelle Chiachiere, Interim Executive Director 3518 Fremont Ave N #118 Seattle, WA 98103 206-905-1026 1 michelle@shunpike.org 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 shall 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. --------------------------------------------------------------- Shunpike-COA Contract 2013 Page 3 of 5 �a0.gTfIAN YOU IMAGIN�P M `b� 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. SHUNPIKE 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, SHUNPIKE agrees to comply with all applicable State and local laws, rules and regulations. SHUNPIKE ra&a elle Chiachiere, Interim Executive Director Shunpike Agent TAX ID#: 91-2138554 1-- DATE CIT OF PETER B. LEWIS, MAYOR JUN = 7 2013 DATE ATTEST: k e�6"\ zaA�— Danielle Daskam CITY Clerk APP AS TO FORM: Daniel B. eid CITY Attorney --------------------------------------------------------------- Shunpike-COA Contract 2013 Page 4 of 5 VI. U/MAG IN£O 11• Attachment `A' Location(s): Storefronts along East Main Street and West Main Street between C Street NW and Auburn Way North and A Street SE between 2nd Street SE and 1s'Street NE, including storefronts on the pedestrian mall located contiguous to East Main Street, between A Street NE and B Street NE. Timeframe: 12 Months, from January 2013—December 2013 Projected number of storefronts: 3 (three) physical locations with rotating displays every three months. Scope of Work: Obligations of Shunpike are as follows I. Serve as project manager of the program. II. Provide forms, documents, instructions and other material developed for the Storefronts Seattle program to assist in the Request for Proposals III. Lease and activate storefronts in downtown Auburn IV. Solicit and work with vendors for all sign printing and production and other services required for execution of program V. Serve as the primary lessor with property owners and sub-licensor and contracting authority with artists, arts groups and creative enterprise occupants of the program. VI. Provide technical assistance to artists and arts groups involved with program in navigating code, licensing, permitting, contracting and administration. VII. Create and serve as primary manager of a website, blog, and other social media to share information about the program, including the website"storefrontsauburn.com" VIII. Make information regarding storefront activation program available to property owners, artists, potential funders and donors, and all other interested parties. IX. Distribute informal email updates on a quarterly schedule program activity to stakeholder group, including City representatives, participating downtown building owners and artists. X. Create a press release for each storefront installation with artist information. XI. Encourage artists and arts groups to work with property owners and neighborhood organizations to discuss and identify opportunities for additional cooperative work or mutually beneficial projects or activities beyond the temporary activities of the program. XII. Serve as ambassadors for the arts and encourage cooperation with all city departments and neighborhood organizations XIII. Review this agreement with no less than annually and modify as necessary. Obligations of the City of Auburn are as follows I. Create and provide all marketing for the program's presence in Auburn II. Assist with identifying and approaching potential property owner participants III. Publicize and host the review panel for the creation of the Storefront Auburn roster through Request for Proposals. Payment Schedule: Phase I: Shunpike shall receive$2700 upon signature of this contract Phase II: Shunpike shall submit an invoice per completed installation of storefront location for the amount of$880. Shunpike Contact City Contact Storefronts Manager Maija McKnight, Arts Coordinator 3518 Fremont Ave N #118 910 Ninth Street SE Seattle, WA 98103 Auburn, WA 98002 Phone: 206-905-1026 Phone: 253-804-5043 Fax: 877-350-3916 Fax: 253-931-4005 Email: mmcknight(a)auburnwa.gov --------------------------------------------------------------- Shunpike-COA Contract 2013 Page 5of5