HomeMy WebLinkAbout26-087 - Contract - Nikita Ares - Artist: World Cup Community ArtCity of Tukwila Contract Number: 26-087
• 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A
AGREEMENT FOR ARTIST SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Nikita AresError! Bookmark not defined., hereinafter referred to
as "the Artist", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City and the Artist are individually a "party" and collectively the "parties."
Project Designation. The Artist is retained by the City to create an original work of art,
hereinafter referred to as "artwork", and perform artist services in connection with the
World Cup Community Art, as described in Exhibit A. The City is responsible for
furnishing payment for completed artwork upon it being deemed satisfactory by the
Tukwila Arts Commission.
2. Scope of Work. The Artist agrees to provide the services, deliverables and all other
obligations in the manner described in "Exhibit A".
3. Duration of Agreements Time for Performance. This Agreement shall be in full force
and effect for a period commencing upon execution and ending July 31, 2026, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Artist to proceed. The Artist shall
perform all services and provide all work product required pursuant to this Agreement no
later than July 31, 2026, unless an extension of such time is granted in writing by the City.
4. Payment. The Artist shall be paid by the City for completed work and for services rendered
under this Agreement as described in Exhibit A. The total amount paid by the City for the
Artist's full and complete performance of the Scope of Work shall not exceed $6,500.00
without express written modification of the Agreement signed by the City. Payment as
provided in this section shall be full compensation for work performed, services rendered,
and for all materials, supplies, equipment, and incidentals necessary to complete the work.
If the Artist incurs costs in excess of the not to exceed amount stated herein, the City shall
not be required to pay any part of such excess.
5. Record Keeping and Reporting. The Artist's records and accounts pertaining to this
Agreement are to be kept available for inspection by representatives of the City and the
state of Washington for a period of three (3) years after final payments. Copies shall be
made available upon request.
6. Taxes. The Artist is solely responsible for the payment of all charges and taxes applicable
to the services performed under this Agreement, and the Artist agrees to comply with all
applicable laws regarding the reporting of income, maintenance of records, and all other
requirements and obligations imposed pursuant to applicable law.
7. Acknowledgements and Conflict of Interest. The Artist acknowledges and warrants
that she/he,
• resides within King County;
• is neither a member of the Tukwila Arts Commission nor an employee of the City
of Tukwila; and
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• is the original creator of the artwork and owns all applicable copyrights to the
artwork.
8. Agreement Administration and Notices. Michael May, Parks & Recreation Department,
will serve as the Program Manager for the City and shall have primary responsibility for
Agreement administration and approval of services to be performed by the Artist and will
coordinate all communications between the Artist and the City. Any notices required under
this Agreement shall be in writing and shall be deemed to have been duly given if delivered
personally or mailed first-class mail, postage prepaid, or by email to the parties at the
following addresses:
CITY: ARTIST:
Michael May Name:
Nikita Ares
Name: 1305 E Denny way,5eattle WA 98122
Title: Program Manager Address:
Address: 12424 42nd Ave S
Telephone: (253)439-7598
Tukwila, WA 98168
E-mail:nikitaaresart@gmail.com
Telephone: 206-635-8751
E-mall:mi chael . may@tukwi 1 awa. gov
9. Ownership and Use of Artwork.
A. The Artist expressly reserves every right available to him/her at common law or under
the Federal Copyright Act, including moral rights under the Visual Artists Rights Act,
17 USC 106A, to control the making and dissemination of copies or reproductions of
any items that are conceived, made, discovered, written, or created by the Artist
pursuant to this Agreement, except as those rights are expressly limited by this
Agreement. The Artist will be given artwork credit where applicable.
B. The Artist hereby grants to the City, its successors and assigns a limited license to
print, reprint, and display the artwork created by the Artist for the Tukwila Portrait
Honoring Project. The Artist hereby grants to the City a perpetual irrevocable license
to reproduce, distribute, publicly perform, display, and create derivative works of the
artwork, but only for noncommercial education, public information, and other
governmental purposes. The rights granted by this provision shall survive the
expiration of this Agreement.
C. The City shall assure that the original artwork and all reproductions, copies, and
derivative works by the City of the Artist's work produced pursuant to this Agreement
contain a credit to the Artist where possible.
10. Compliance with Laws. The Artist shall, in performing the services contemplated by this
Agreement, faithfully observe, and comply with all federal, state, and local laws,
ordinances, and regulations applicable to the services rendered under this Agreement.
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11. Indemnification. The Artist shall defend, indemnify, and hold the City, its officers, officials,
employees, and volunteers harmless from and against any and all claims, injuries,
damages, losses, or suits (including attorney fees), arising out of or resulting from the acts,
errors, or omissions of the Artist in performance of this Agreement or relating to the
copywrite of any works created by the Artist pursuant to this Agreement, except for injuries
and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Artist
and the City, its officers, officials, employees, and volunteers, the Artist's liability
hereunder shall be only to the extent of the Artist's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Artist's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
12. Independent Contractor. The Artist and the City agree that the Artist is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Artist nor any employee of the Artist shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Artist, or any
employee of the Artist.
13. Covenant Against Contingent Fees. The Artist warrants that he/she has not employed
or retained any company or person, other than a bonafide employee working solely for the
Artist, to solicit or secure this contract, and that he/she has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Artist, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
14. Discrimination Prohibited. The Artist, with regard to the work performed by him/her/them
under this Agreement, will not discriminate on the grounds of race, religion, creed, color,
national origin, age, veteran status, sex, sexual orientation, gender identity, marital status,
political affiliation, or the presence of any disability in the selection and retention of
employees or procurement of materials or supplies, or any other unlawful reason.
15. Assignment. The Artist understands that the work and services required of the Artist by
this Agreement are personal, and that the Artist shall not sublet, delegate, or assign any
of the services covered by this Agreement without the express written consent of the City.
16. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
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17. Termination. The City reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the Artist. In the event of the incapacity or death of the
Artist, this Agreement is not assignable.
18. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Artist shall at all times comply with, all applicable federal, state, and local laws, regulations,
and rules, including the provisions of the City of Tukwila Municipal Code and ordinances
of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted
to enforce any term of this Agreement, the parties specifically understand and agree that
venue shall be in King County, Washington. The prevailing party in any such action shall
be entitled to its attorney's fees and costs of suit. Venue for any action arising from or
related to this Agreement shall be exclusively in King County Superior Court.
19. Severability and Survival. If any term, condition, or provision of this Agreement is
declared void or unenforceable or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
The provisions of this Agreement, which by their sense and context are reasonably
intended to survive the completion, expiration or cancellation of this Agreement, shall
survive termination of this Agreement.
20. Entire Agreement; Modification. This Agreement, together with Exhibits A and B,
represents the entire and integrated Agreement between the City and the Artist and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this 26th day of March, 2026.
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Approved as to form: 03/2025
CITY OF TUKWILA
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Signature
Michael May
Printed Name
Program Manager
Title
City of Tukwila Parks & Recreation
12424 - 42nd Avenue South
Tukwila, WA 98168
Phone: 206 768-2822
Fax: 206 765-0524
W9:
Artist Services
Approved as to form: 03/2025
ARTIST
DocuSigned by:
Signature
Nikita Ares
Printed Name
1305 E Denny way, Apt 201
Address
Seattle, WA 98122
City, State, Zip
(253)439-7598
Phone Number
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Art Plan Description
The City of Tukwila invites artists to help transform public spaces into vibrant expressions
of community, culture, and connection during the Summer 2026 FIFA World Cup events.
Through a series of temporary public art installations, this initiative centers on
placemaking—creating welcoming, dynamic environments that bring people together and
celebrate shared experiences.
Guided by the unifying theme Tukwila United, the artwork will reflect the city's rich diversity
and the global spirit of the World Cup. Artists are encouraged to explore concepts of unity,
movement, identity, and belonging, drawing inspiration from both local stories and the
international energy of the tournament.
These installations will activate key spaces throughout Tukwila, transforming them into
festive, engaging destinations for residents and visitors alike. By blending creativity with
community pride, the selected works will not only enhance the visual landscape but also
foster a sense of connection, celebration, and collective identity during this historic
Artwork at Tukwila Village & Southcenter Project Description
The City of Tukwila is looking to commission a unique art design to enliven and activate the
Tukwila Village that can be adapted for several complementary art projects. The idea is to
have a cohesive aesthetic that can be translated to a temporary painted sidewalk mural,
vinyl window art, banner art and event proportional materials. Repetition of the artwork
imagery is intended to create visual cohesion, excitement and amplify visibility for
community events.
The City of Tukwila is looking for a professional artist with good communication skills that
will be willing to work closely with the city to create successful public art within the set
timeline. There is a hard deadline for artwork design and implementation as it will coincide
with the FIFA World Cup events.
Tukwila Village & Southcenter Artwork Description
The artist will create an artwork design that can be adapted to the art implementation
strategies listed below. The artist will be expected to create a design draft for review and up
to 3 revisions if needed. The artist will also work with the City on a plan for implementing
the painted sidewalk art on site and communicate how the City can best support the artist.
The artwork design should in some way connect to the FIFA World Cup festivities. The artist
is welcome to explore both abstract and representational ways to interpret the soccer
tournament connection in their own creative style.
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1. Temporary Sidewalk Mural and Community Painting Event
The Tukwila Village has many concrete surfaces that can be used to create a
temporary painted mural on the sidewalks and retaining walls. The artist will be
expected to do a site visit with project managers to collaborate on the location and
extent of the painted murals. The artist will then create the mural design and a plan
for painting the concrete surfaces with a team of volunteers and city staff.
The City of Tukwila will provide funds for all art materials. The City will also
coordinate and host a community event so that volunteers can help the artist paint
the mural. City staff will provide support and take direction from the artist to work
with volunteers in the painting process.
2. Vinyl Window Art
The Sullivan Center located in the main Tukwila Village event area has windows that
can be used to extend the artwork design vertical in the form of printed vinyl art.
Artists will be expected to incorporate some vertical space in the artwork design.
The location and extent of the vinyl window art will also be informed by the site visit
and Sullivan Center partners.
The vinyl vendor will provide a template of the window area for the artist to use to
create the artwork design. The vinyl vendor will also handle all vinyl installation. The
artist will be responsible for providing high-quality, print -ready digital files.
The City of Tukwila will provide the artist with support during the design/print
process. The City is responsible for vinyl printing and installation costs.
3. Art Banner for Southcenter
The artist will adapt the artwork design for banner art to be installable on a building
exterior in Southcenter. The design can vary, but should have a general visual
cohesion.
Exact dimensions for the banner art will be provided. The vinyl vendor will print and
install banner art. The artist will be responsible for providing a high-quality, print -
ready digital file.
The City of Tukwila will provide the artist with support during the design/print
process. The City is responsible for banner printing and installation costs.
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4. Promotional Materials
The artist will be expected to create a complementary design to be used for event
fliers and promotions. This can be adapted from a portion of the mural design and is
not expected to be a new design image.
Budget
The artist will be paid $6,500.00 inclusive of all art, labor, design development, formatting
the artwork for print media, providing print -ready files, licensing for print art and
promotional use, working openly and collaborativelywith all project partners to support the
public art process and artwork implementation.
Timeline
• March 2026— Artist Contract, site visit and preliminary design ideas
• April 2026 — Artwork design ideas, revisions for ground mural and vinyl art
• April 30, 2026—Vinyl art print readyfiles due
• May 8, 2026—Any formatting revisions required for printing purposes
• May 15, 2026— Final ground mural painting design and implementation plan
outlining City and Volunteer support
• May 29, 2026—Vinyl art installation
• June 28—July 3, 2026— Community painting event, date TBD
Design Criteria
- Artwork is original and unique to the artist and is not Al generated.
- The artist must own all rights to images and content used in the artwork.
- The artwork must not contain any representations of traffic lights, signs, or signals
and should not aim to confuse or endanger drivers and pedestrians.
- The artwork must be appropriate for display in public spaces and viewing by a
general audience, containing no text (including words, quotes, or letters except for
the artist's name), advertising or branding, or graphic depictions of violence and
sexually explicit material (including nudity).
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Artwork Locations
Examples of Sullivan Center Windows and Tukwila Village concrete areas
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Additional Areas at Tukwila Village
Southcenter, building at 401 Baker Blvd.
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