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HomeMy WebLinkAboutUrban Artworks / I l I ‘) S- AGREEMENT FOR ARTWORK This Agreement is made and entered into this_11_day of_June_2013 by and between the City of Auburn, Washington, a municipal corporation of the State of Washington ("City") and Urban Artworks, whose address is 815 Seattle Blvd S Ste B7 Seattle WA 98134, herein referred to as "ARTIST" WHEREAS, the City desires to contract with Artist to design, build and paint a mural artwork ("Work'); and WHEREAS, the Artist was selected by the City through a procedure approved by the City of Auburn to design, execute, fabricate, install or supervise installation of a public artwork, located at 112 Third NW property owned by Steven J. Small, herein referred to as the 'site NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS. I. ARTICLE 1. SCOPE OF SERVICE 11 GENERAL The Artist shall, coordinate the design with the Auburn Parks, Arts& Recreation and Auburn Arts Commission. The Artist shall be responsible for all services and shall furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation and painting of the Work at the Site. 1.2 EXECUTION OF WORK The Artist shall complete Work as described above in accordance with the approved model and/or drawings provided, which will be reviewed by the City of Auburn Arts Commission. A. The Artist shall provide all labor and materials necessary to I Produce and complete a finished work of art, 2. Complete the artwork in accordance with the agreed upon schedule B. The Artist will seek out regular updates from the City on deadline relevant to the art project C The City shall have the right to review the Work at reasonable times during painting D The Work shall be completed at the site in compliance with City codes and with approved Work installation scheduled by the City 1.3 POST-INSTALLATION A. The City will provide photo documentation of the Work for City files The City will provide a copy of this documentation to the Artist. B The Artist shall be available at such time or times as may be agreed between the City and the Artist to participate any presentation ceremonies relating to the transfer of the Work to the City The City shall use its best efforts to arrange for publicity for the completed Work. C. Upon installation of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work. Upon installation of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work. 1 4 FINAL ACCEPTANCE A. The Artist shall advise the City in writing when all services required have been completed in substantial conformity as presented to the Auburn Arts Commission. B. The City shall notify the Artist in writing of its final acceptance of the Work Agreement for Public Art—Urban Artworks 2013 Mural Page 1 of 6 Poi' uV' 2.2 TAXES The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the Work as a result of performance under this contract. Artist understand that taxes are included in the agreed upon fee set forth in Article 2 1 2.3 ARTIST EXPENSES The Artist shall be responsible for the payment of all shipping charges, the costs of transporting the Work to the Site, the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement, and all other expenses related to the performance of this Agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed in by September 2013. ARTICLE 4. WARRANTIES 4.1 WARRANTIES OF TITLE The Artist represents and warrants that: (a)the Work is solely the result of the Artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright, (c) the Work has not, or a duplicate thereof has not, been accepted for sale elsewhere: and (d)the Work is free and clear of any liens from any source whatever 4.2 WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants, except as otherwise disclosed to the City in writing and in connection with submission of the Proposal, that the execution and fabrication of the Work will be performed in a workmanlike manner and the Work as fabricated and installed,will be free of defects in material and workmanship; and reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist. The warranties described in this section shall survive for a period of three (3) years after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards. ARTICLE 5. REPRODUCTION RIGHTS 5.1 GENERAL The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work except ownership and possession and except as such rights are limited by this Section. In view of the intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant permission to others to do so except with the written permission of the City The Artist grants to the City and its assigns an irrevocable license to make representative photographic reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in brochures, media publicity note cards, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the Work. 5.2 NOTICE Agreement for Public Art—Urban Artworks 2013 Mural Page 3 of 6 ARTICLE 7. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color creed, national origin, or physical, mental handicap. ARTICLE 8. 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 Auburn Arts Commission Kathleen Warren City of Auburn Urban Artworks Parks, Arts& Recreation 815 Seattle Blvd S Ste B7 910 Ninth Street SE Seattle WA 98134 Auburn, WA 98002 kathleen(ffiurbanartworks.orq Telephone" 253-931-3043 arts(dauburnwa qov m m ck n i g h t(a)a u b u r n w a.g o v Either party may by like notice at any time, designate a different address to which notices shall be sent. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 9. TERMINATION; 1_1, c } t Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. In the event of default by the City the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, models, and other work products under this Agreement shall become the City's property The City shall compensate the Artist for all work as performed prior to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. ARTICLE 10. GENERAL PROVISIONS 10.1 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. 10.2 APPLICABLE LAW This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County Washington. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. Agreement for Public Art—Urban Artworks 2013 Mural Page 5 of 6