HomeMy WebLinkAboutShunpike • ,. „THAN YOU MAGINt�
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this day of 1}VC,OBT , 2011,. 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 ARTIST in consideration of the conditions and covenants
herein do agree as follows:
1. TERM OF AGREEMENT This agreement shall be effective beginning September 1,2011 and
shall expire on September 1,2012 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 total compensation of$10,000.
4. PAYMENT SCHEDULE
SHUNPIKE shall be paid as outlined in Item 3 above by the CITY for the completed work and 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
SHUNPIKE shall be in compliance with the regulations of the CITY Finance Department.
SHUNPIKE agrees to be responsible for payment of any and all taxes,which may due as a
result of work under this contract.
a. First Payment of$5000 will be sent to SHUNPIKE within 30 days of the execution of this
contract, per compliance with the regulations of the CITY Finance Department.
b. Balance of$5000 will be due upon the completion/receipt of the opening of the first round of
space(s)and installations._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
Shunpike-COA Contract
Storefronts Auburn
Page 1 of 3
AtAURNT
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Promotional materials shall be mutually agreed upon between the CITY and SHUNPIKE.
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 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 de fault or arising from the performance of improper performance
under this Agreement.
9. NO WAIVER
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 l mmcknight @auburnwa.gov
SHUNPIKE Andrew Fife, Executive Director
3518 Fremont Ave N#118
Seattle,WA 98122
206-905-1026 I andy @shunpike.org
Tax ID: 91-2138554
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.
Shunpike-COA Contract
Storefronts Auburn
Page 2 of 3
MAN YOU IMAGINED
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.
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
4
04. or
Andrew F. -, Direff or
Shunpik-
Agent TAX ID#:
/ 13.1'1
DATE,
PETER B. LEWIS, MAYOR
SEP 16 2011
DATE
ATTEST:
Da '-Ile Daskam
CITY Clerk
AP"O ED '1 . F�!R
/ �
Davie:. `ei•
CITY Attorney
Shunpike-COA Contract
Storefronts Auburn
Page 3 of 3
Attachment`A'
Location(s): Storefronts along East Main Street and West Main Street, between B Street Southwest and Auburn Way
North, including storefronts on the pedestrian mall located contiguous to East Main Street,between A Street
Northeast and B Street Northeast.
Timeframe: 12 months,from September 2011 through September 2012
Projected Number of Storefronts: 3 (three)
Scope of Work: •
Obligations of Shunpike are as follows:
1. Serve as the project manager of the program.
II. Consult to the City of Auburn through the process of issuing a Request for Proposals,and reviewing those
proposals, in the creation of a roster of Creative Enterprise projects for the program.
III. Provide forms,documents, instructions and other material developed for the Storefronts Seattle program to
assist in the Request for Proposals.
IV. Lease and activate up to 3 (three)storefronts in downtown Auburn,along Main Street and in the half-block
pedestrian mall contiguous to Main Street.
V. Solicit and work with vendors for all sign printing and production and other services required for execution
of program. (This includes designing and executing graphic branding of"Storefronts Auburn"materials
similar to"Storefronts Seattle"materials.
VI. Create and serve as primary manager of a website, blog,and other social media to share information about
the program, including the new website"storefrontsauburn.com"
VII Serve as-primary lessor with property owners and sub-licensor and contracting authority with artists,arts
groups and creative enterprise occupants of program. -
VIII. Provide technical assistance to_artists and arts groups involved with program in navigating code, licensing,
permitting,contracting and administration.
IX. Make information regarding storefront activation program available to property owners,artists,potential
funders and donors,and all other interested parties.
X. 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.
XI. Serve as ambassadors for the arts and encourage cooperation with all city departments and neighborhood
organizations.
XII. Create and provide all marketing and press relations for the program's presence in Auburn.
XIII. Review this agreement with no less than annually and modify as necessary.
Obligations of Agency are as follows:
I. Assist with identifying and approaching potential property owner participants
II. Identify and share concerns and primary needs of the Auburn neighborhood,partners,and community
III. Initiate,publicize,administer,host,and fund a Request for Proposals for Creative Enterprises specific to
the Auburn program,and administer, host;and fund the panel review process to review those proposals.
Payment Schedule
Phase I: Shunpike shall receive$5,000 upon completion/receipt of an executed contract and an invoice
delineating the services to be rendered. -
Phase II: Shunpike shall receive$5,000 upon the first round opening of space(s)and installations.
Shunpike Contact AGENCY Contact
Andy Fife, Executive Director
Matthew Richter, Storefronts Manager -
3518 Fremont Ave N,#118
Seattle,WA 98103
Phone: 206-905-1026 Phone:
FAX: 877-350-3916 FAX:
E-Mail: andy:a�,.shunpike.or , E-Mail:
matthewc shunpike.org -
ADDENDUM NO.
ADDENDUM TO AGREEMENT
BETWEEN Shunpike AND THE CITY OF AUBURN
RELATING TO Agreement for Artistic Service
THIS ADDENDUM is made and entered into this day of
200_, by and between Shunpike, (hereinafter referred to as "SHUNPIKE') and the CITY OF
AUBURN,a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"),as
an addendum to the Agreement between the parties for Agreement for Artistic Services executed on the
31 day of August, 2011,pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code
of Washington (RCW), and filed in the office of the ❑ King County ❑ Pierce County Auditor, under
Auditor's File Number
WITNESSETH:
WHEREAS, the City desires to contract with SHUNPIKE to coordinate Storefront art
installations for the public in Auburn, Washington; and
WHEREAS, SHUNPIKE has agreed to perform the work in compliance with the terms and
conditions of this agreement;
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO Article 1 TERM OF AGREEMENT
That Section I 1 of the Interlocal Agreement is amended to add the following language:
This agreement shall be effective beginning September 1,2011 and shall expire on December 31,2012
unless terminated earlier pursuant to the provisions hereof. Shunpike shall complete the services under
(2)Scope of Work by expiration date,unless it has been extended by written amendment between parties.
REMAINING TERMS UNCHANGED• That all other provisions of the Agreement between the parties
for Agreement for Artwork executed on the 31 day of August 2011, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, and filed in the office of the❑King
County O Pierce County Auditor, under Auditor's File Number shall remain
unchanged, and in full force and effect.
Page 1
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
SHUNPIKE
By-
Andrew Fife, Director
CITY OF AUBURN
By-
Peter B. Lewis , Mayor
By-
Danielle E. Daskam. City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
Page 2
A Z7 N
// IANYOp/,yA41Nf0
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this.-?( day of AKW51r- ,2011, 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 ARTIST in consideration of the conditions and covenants
herein do agree as follows:
1. TERM OF AGREEMENT This agreement shall be effective beginning September 1,2011 and
shall expire on September 1,2012 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 total compensation of$10,000.
4. PAYMENT SCHEDULE
SHUNPIKE shall be paid as outlined In Item 3 above by the CITY for the completed work and 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
SHUNPIKE shall be in compliance with the regulations of the CITY Finance Department.
SHUNPIKE agrees to be responsible for payment of any and all takes,which may be due as a
result of work under this contract.
a. First Payment of$50110 will be sent to SHUNPIKE within 30 days of the execution of this
contract, per compliance with the regulations of the CITY Finance Department.
b. Balance of$5000 will be due upon the completiontreceipt of the opening of the first round of
space(s)and Installations.SHUNPIKE agrees to be responsible for payment of any and all taxes,
which may be,due as a result of performance under this contract.
S. 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.
8. PROMOTIONAL RESPONSIBILITIES
_---- --- ------------
Shunplke-COA Contract
Storefronts Auburn
Page 1 of
+ r
�.9'�„pytltAN VO�I.V,,CINEO
Promotional materials shall be mutually agreed upon between the CITY and SHUNPIKE.
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.
9. NO WAIVER
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
253-931-30431 mrncknight@aubum%Wa.gov
SHUNPIKE Andrew Fife,Executive Director
3518 Fremont Ave N#118
Seattle,WA 98122
206-905-1026 1 andy @shunpike.org
Tax ID:91-2138554
Either parry 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.
-- ---------------------- ...... ----------------------
Shunplke-COA Contract
Storefronts Auburn
Page 2 of 3
Attachment`A'
Location(s): Storefronts along East Main Street and West Main Street,between B Street Southwest and Auburn Way
North, including storefronts on the pedestrian mall located contiguous to East Main Street,between A Street
Northeast and B Street Northeast.
Timeframe: 12 months,from September 2011 through September 2012
Projected Number of Storefronts:3(three)
Scope of Work:
Obligations of Shunpike are as follows:
1. Serve as the project manager of the program.
11. Consult to the City of Auburn through the process of issuing a Request for Proposals, and reviewing those
proposals, in the creation of a roster of Creative Enterprise projects for the program.
Ill. Provide forms,documents,instructions and other material developed for the Storefronts Seattle program to
assist in the Request for Proposals.
IV Lease and activate up to 3(three)storefronts in downtown Auburn,along Main Street and in the half-block
pedestrian mall contiguous to Main Street.
V Solicit and work with vendors for all sign printing and production and other services required for execution
of program.(This includes designing and executing graphic branding of"Storefronts Auburn"materials
similar to"Storefronts Seattle"materials.
Vl. Create and serve as primary manager of a website,blog,and other social media to share information about
the program, including the new website"storefrontsauburn.eom"
VII. Serve as primary lessor with property owners and sub-licensor and contracting authority with artists,arts
groups and creative enterprise occupants of program.
Vlll. Provide technical assistance to artists and arts groups involved with program in navigating code, licensing,
permitting,contracting and administration.
IX. Make information regarding storefront activation program available to property owners,artists,potential
funders and donors,and all other interested parties.
X. 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.
XL Serve as ambassadors for the arts and encourage cooperation with all city departments and neighborhood
organizations.
Xll. Create and provide all marketing and press relations for the program's presence in Auburn.
X111. Review this agreement with no less than annually and modify as necessary
Obligations of Agency are as follows:
1. Assist with identifying and approaching potential property owner participants
11. Identify and share concerns and primary needs of the Auburn neighborhood,partners,and community
Ill. Initiate,publicize, administer,host,and fund a Request for Proposals for Creative Enterprises specific to
the Auburn program,and administer,host, and fund the panel review process to review those proposals.
Payment Schedule
Phase 1:Shunpike shall receive$5,000 upon completion/receipt of an executed contract and an invoice
delineating the services to be rendered.
Phase 11: Shunpike shall receive$5,000 upon the first round opening of space(s)and installations.
Shunpike Contact AGENCY Contact
Andy Fife, Executive Director
Matthew Richter,Storefronts Manager
3518 Fremont Ave N,#118
Seattle,WA 98103
Phone:206-905-1026 Phone:
FAX, 877-350-3916 FAX.
E-Mail:andy[a�shunpike org, E-Mail:
matthe*@shunpike.org
U-,
et�twwU�MnciN�
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.
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,attorneys 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.
SHUNP
Andrew FA, r ctor
Shunpike
Agent TAX ID#: 91-2138554
DATE -
ITY
PET _ WIS, MAYOR
SEP 16 2011
DATE
A EST
Danie_ a Daska_m
CITY erk
A ROB ED T R
V a_n' He'
Atto ey .
Shunplke-ODA Contract
Storefronts Auburn
Page 3 of 3