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HomeMy WebLinkAbout2023, Laurie Brown, Steamroller PrintmakingAGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this _____ day of _________ 2023 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Laurie Brown, whose address is, 6312 23rd Ave. NE, Seattle, WA 98115 herein referred to as “ARTIST”. WHEREAS, the CITY will be hosting their first art center exhibition and seeks to contract with ARTIST to provide an original 24” x 36” linoleum block for the onsite steamroller printmaking at the grand opening event in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF VENDOR 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 professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific services: Artists are expected to carve a 24” x 36” linoleum block for printing on September 16th. Artist are expected to work onsite for the entire event on September 16th from 11am-3pm, including 30 minutes of set up and clean up (so 5 hours at $40/hr.) Artist will get to keep their blocks after the event and keep all but two of the prints created at the event. Artists will receive a $100 stipend for the carving of the block. Artists will receive total payment of $300 ($100 carving stipend and $200 for their time to work onsite at the event). DocuSign Envelope ID: 31853B74-D5B1-40FB-8152-601A399260AE 8th August 3. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location, herein referred to as “VENUE”. 20 Auburn, Ave, Auburn, WA 98002 4. REQUIREMENTS A. The CITY shall provide the following: • Approval of final design • Access to location per request • The City will pay for all paper, ink, and supplies B. The ARTIST shall provide the following: • One original a 24” x 36” linoleum block with design to be approved by City of Auburn arts staff • Onsite printmaking with the community at the grand opening event from 11 am – 3 pm, including 30 minutes of set up and clean up (5 hours total at $40/hr.) on September 16th 5. COMPENSATION In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST shall receive total compensation of $300 ($100 carving stipend and $200 for their time to work onsite at the event). 6. PAYMENT The ARTIST shall be paid 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. A. Payment will be distributed to artists at the event on September 16th or within thirty days after. 7. 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 arising out of the performance of the Work and the obligations contained in this Agreement on the part of the Artist, the Artist’s agents, representatives, and employees except where such claims arise solely from the negligent acts of the City, its agents, representatives, or employees. DocuSign Envelope ID: 31853B74-D5B1-40FB-8152-601A399260AE 8. RISK OF LOSS The risk of loss or damage to the Work shall be borne by the ARTIST until final payment, and the ARTIST shall take such measures as are necessary to protect the Work from loss or damage until that time. 9. INABILITY TO COMPLETE THE PROJECT If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot complete the project because of fire, accident, act of God or other, the ARTIST shall not receive any compensation for the time during which the services have not been rendered. 10. REPRODUCTION RIGHTS A. 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 reproductions of the Work for non-commercial and commercial purposes, including but not limited to reproductions used in brochures, media publicity, note cards, t-shirts, educational or promotional materials for City programming or events, small three-dimensional objects for marketing, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the Work. B. NOTICE All reproductions by the City shall contain a credit to the Artist in the following form: “Title,” “year”, “Artist”. C. CREDIT TO THE CITY The ARTIST shall use his best efforts to give a credit reading substantially, “An original Work owned and commissioned by the City of Auburn, Washington” in any public showing under the Artist’ control of the reproductions of the Work. 11. 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. 12. 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: DocuSign Envelope ID: 31853B74-D5B1-40FB-8152-601A399260AE CITY Allison Hyde, Arts Program Supervisor City of Auburn Parks, Arts & Recreation 910 9th Street SE Auburn, WA 98002 ARTIST Laurie Brown 6312 23rd Ave. NE Seattle, WA 98115 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. 13. 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. 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. ARTIST _________________________________________ Laurie Brown ARTIST TAX ID#: DATE: ___________________________________ CITY OF AUBURN DocuSign Envelope ID: 31853B74-D5B1-40FB-8152-601A399260AE 8/14/2023 _________________________________________ DARYL FABER, DIRECTOR CITY OF AUBURN PARKS, ARTS & RECREATION DATE: ___________________________________ _________________________________________ DocuSign Envelope ID: 31853B74-D5B1-40FB-8152-601A399260AE 8/15/2023