HomeMy WebLinkAbout26-114 - Contract - Brian Lane - Artist: World Cup Watch PartiesCity of Tukwila Contract Number: 26-114
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
•y:
AGREEMENT FOR ARTIST SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Brian Lane, 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 Watch Parties, as described in Exhibit A.
2. Scope of Services. The Artist agrees to perform the services described and specified
below, including the provision of all labor, materials, equipment, and supplies.
Unforeseen circumstances (i.e., weather) may result in the need to modify the location
and/or time of performance. Any such changes must be agreed to by the City in writing.
Type of Art Activity: Participatory Printmaking Activity
Address of Performance: Tukwila Village, 14350 Tukwila International Blvd
Date(s)/Time(s) of Performance(s): Various (See Exhibit A)
3. Duration of Agreement; 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.
4. Payment. The City shall pay the Artist at a rate of $600.00 per event. 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 $3,000.00 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. Agreement Administration and Notices. Michael May, Parks & Recreation
Department, will serve as the Program Manager for the City and shall have primary
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CC Reviewed: 12/2024
CA Reviewed: 01/2025
{ KAR4923-9197-7488; 2/13175.000001/}
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:
8. 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.
9. 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.
10. 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.
11. 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.
12. 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,
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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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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: The 24th day of April, 2026.
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Approved as to form: 03/2025
CITY OF TUKWILA
DocuSigned by:
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
NO
ARTIST
Signed by:
E,A,-l-993¢96E,4 ...
Signature
Brian S. Lane
Printed Name
11021 SE 295th St.
Address
Auburn, WA 98092
City, State, Zip
206-612-0294
Phone Number
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Approved as to form: 03/2025
Exhibit A:
• The artist will provide an immersive all -ages art activity. World Cup / Soccer -themed
block printing
• The activity will be designed as a walk-up exercise. Participants can join at will.
• The activity will be for 2 hours during each event outlined below.
• The artist will provide art supplies, and the costs will be included in their contract fee.
Tukwila Village, 14350 Tukwila International Blvd
Thursday, June 11
11:30 a.m. - 1:30 p.m.
Tukwila Village, 14350 Tukwila International Blvd
Wednesday, June 17
12:30 p.m. -2:30 p.m.
Tukwila Village, 14350 Tukwila International Blvd
Thursday, July 9
12:30 p.m. - 2: 30 p.m.
Tukwila Village, 14350 Tukwila International Blvd
Friday, July 10
11:30 a.m. - 1:30 p.m.
Tukwila Village, 14350 Tukwila International Blvd
Tuesday, July 14
11:30 a.m. - 1:30 p.m.
CDs Initial
Artist Services Contract Coding