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HomeMy WebLinkAbout05-059 - Mikhailenko Nina - Tukwila Pool Art MuralAG x-059 AGREEMENT FOR ARTWORK THIS AGREEMENT is made and entered into this 31 day of ✓yl/ 2c by and between the City of Tukwila, Washington, hereinafter referred to as the "Owner 4and Nina Mikhailenko, hereinafter referred to as the "Artist. WHEREAS, the Owner desires to contract with the Artist to provide an art proposal for the City of Tukwila Pool art mural project, and WHEREAS, the Artist has indicated a desire to perform the work in an artistic, professional manner, NOW, THEREFORE, the Owner and the Artist, for the consideration, covenants, conditions and under the conditions hereinafter set forth, do agree as follows. 1. RETENTION OF ARTIST The Owner does hereby retain the Artist to perform the work and services hereinafter described. The Artist is an independent contractor and shall, by. unless extended by mutual agreement, furnish all supervision, labor, materials, equipment, supplies and all other incidentals, except as specifically provided below, and shall conduct and complete the work in a competent and professional manner. 2. SCOPE OF WORK The work referred to by this Agreement is the completed artwork design of the following artwork (hereinafter referred to as the "Work"): Type of work: Serve as the lead artist on the City of Tukwila Swimming Pool Art Project. Work with the Tukwila Arts Commission and Parks & Recreation Department design and execute a mural on the east wall of the natatorium of the Tukwila Swimming Pool. A detailed proposal is attached as "Attachment A." Date of Completion: To be determined, pending pool interior painting project timeline. 3. TRANSFERS The work and services required of the Artist are personal and shall not be assigned, sublet or transferred without the express written approval of the Owner. This shall not prohibit the Artist from employing qualified personnel who shall work under her direct supervision. i 4-1 OR1G1NAL'' RECD JUN 3 0 2005 Agreement for Artwork - Page 1 4. REVIEW OF WORK IN PROGRESS The Owner or its representatives shall have the right, at reasonable times, to review the Work and progress of the Work upon request. Authorized representatives of the Owner may review the Work at its location. 5. PAYMENT The Artist shall be paid by the Owner for completed work and/or services related to this Agreement only as provided hereinafter. Such payment shall be full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials, travel expenses, equipment or use thereof, and for all other incidentals necessary to complete the Work. Total payment shall not exceed the sum of five thousand dollars ($5,000), plus sales tax (8.8%). The total payment is subject to adjustment as set forth in Section 6. Payments will be limited to one payment request per month and will be submitted in writing upon a portion of made upon a percentage of completion as set forth in "Attachment A": Final payment will be made following a 30 -day lien period to begin upon the date of completion of installation in the designated location and delivery of artist's resume and technical description of the detailed maintenance recommendations for the Work. The Artist is responsible for payment of required materials, labor of assistants, communication, studio space, travel, transportation, storage, rentals delivery, documentation and public report of the completed Work. The Artist is responsible for payment, to the Department of Revenue, of business taxes, which may be due as a result of this Contact. The Artist must register with the Washington State Department of Revenue. The Artist shall submit a billing, including sales tax, to the Owner when each stage outlined has been reached. The determination that the stage has in fact been reached shall be solely that of the Owner. The Owner will promptly seek to determine whether or not the applicable stage has been reached, and upon making that determination, will process the invoices and make payment to the Artist within thirty (30) days of receipt of the billing. 6. TERMINATION a. The right is reserved by the Owner to terminate this Agreement for any reasons at any time upon not less than (10) days written notice to the Artist. b. In the event this Agreement is terminated by the Owner without fault on the part of the Artist, the Artist shall be entitled to a final payment or settlement as set forth in the following, at the option of the Artist: Agreement for Artwork - Page 2 (1) The Artist shall be paid according to the schedule set out in Section 5, plus a portion of the next installment due which corresponds to the percentage of work completed at the time of termination. If payments previously made to the Artist exceed the total amount due as computed above, then the Artist shall refund that amount of the total previous Payments which exceed the amount determined by applying the above formula. The Artist shall deliver to the Owner the Work in whatever form it exists at that time, which shall then become the property of the Owner for use without restriction, except that it shall not be represented to be the work of the Artist; OR c. In the event this Agreement is terminated by the Owner for fault on the part of the Artist, or because of the disability of the Artist, or if terminated automatically because of the death of the Artist, or in the event of any breach of its terms by the Artist, the Owner may utilize either of the options available to the Artist under paragraph "b" above. Exercise of either of these options by the Owner shall not prevent the Owner from pursuing any remedy otherwise available to it in law or equity. 7. INDEMNIFICATION The Artist does release and agree to save and hold the Owner, the Tukwila Arts Commission and their members, elected and appointed officers, agents and employees, harmless from any and all causes of action, suits of law or equity, or claims or demands from any liability of any nature arising out of the performance and installation of the Work and obligations contained herein on the part of the Artist, her agents and employees, except where caused by the sole negligence of the Owner. 8. RISK OF LOSS AND INSURANCE The risk of damage to or loss of the Work during development shall be solely that of the Artist. This risk shall transfer to the Owner only upon transfer of ownership of the Work, which shall occur after design is complete and the Work is finally approved by the Owner. 9. REPRODUCTION The Artist shall retain the copyright and all other rights in and to the Work except ownership and possession; provided that the Artist grants to the Owner an irrevocable license to reproduce the Work in any manner whatsoever. Agreement for Artwork - Page 3 10. EMPLOYMENT With respect to the performance of this Agreement and as to claims against the City, its officers, appointed members of the Tukwila Arts Commission, agents and employees, the Artist expressly waives her immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Artist. This waiver is mutually negotiated by the parties. Any and all employees of the Artist or other persons which engage in the performance of any work or services required by the Artist under the Agreement shall be considered employees of the Artist and not of the Owner and any and all claims that may or might arise under the Workers' Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the Artist's employees or other persons while so engaged on any of the Work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Artist. The Artist warrants that she has not employed or retained any company or person, other than bona fide employee or established art agent of the Artist, to solicit or secure this Agreement, and that the Artist has not paid or agreed to pay any company or person, other than such employee or established agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to terminate this Contract or to deduct from the Contract price the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 11. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. 12. MODIFICATION OR AMENDMENT This Agreement is the sole agreement between the Owner and Artist concerning the subject matter hereof and supersedes any and all prior agreements relating thereto. No provision of this Agreement may be amended, modified or supplemented except in writing signed by the Owner and the Artist and submitted to the Tukwila Arts Commission. The waiver of the breach of any provision of this Agreement will not constitute a waiver of any subsequent breach thereof, nor of the Agreement. 13. COMPLIANCE WITH STATUTES, RULES AND REGULATIONS In the performance of the Work, the Artist shall comply with all applicable state and local laws, rules and regulations. Agreement for Artwork - Page 4 14. WAIVER The Artist agrees to notify the Owner of changes in her address and failure to do so, if such failure prevents the Owner from locating her, shall be deemed a waiver of this contract. 15. RECORDS The Owner agrees to maintain on file in accordance with state law governing public records a record of this Agreement and of the location and disposition of the Work. 16. PUBLIC REPORT FORMAT To help facilitate the understanding of the procedures and processes used in creating the works of art within public agencies, the Artist shall write or make a public report to the Owner. The Artist shall, upon completed artwork design, provide this report in the format of her choosing. 17. ARTIST'S PROFESSIONAL RESUME, TECHNICAL DESCRIPTION, AND MAINTENANCE RECOMMENDATIONS FOR THE ARTWORK Upon completion of the Work, the Artist shall provide a current professional resume and technical description of the artwork and detailed recommendations for its maintenance (according to a form provided by the City of Tukwila). These documents are to be submitted to the Tukwila Arts Commission and Owner for its records. Additionally, the artist represents that the artwork done pursuant to this agreement is her original work. ARTIST: BY: �L TITLE: DATE: 0 ITY OF TUKWILA %i /\ ck BY: Mayor, City of Tukwila DATE: " 3/ - APPROVED /- APPROVED AS TO FORM: ACCEPTED BY: Office of the City Attorney Chairman, Tukwil Arts Commission DATE: S'' VI- 05-- DATE: ; Q / ' Agreement for Artwork - Page 5 Attachment A The artist, Nina Mikhailenko, will serve as the lead artist on the City of Tukwila Swimming Pool Art Project. She will design and execute a mural on the east wall of the natatorium of the Tukwila Swimming Pool. A) Design Phase The design phase will encompass working with the Tukwila Arts Commission to provide conceptual design drawings of the pool mural. DUE DATE: April 30, 2005 FEE: $1,650.00, plus 8.8% WSST B) Construction Phase The construction phase will consist of the artist completing at least 50% of the mural on the designated swimming pool wall. DUE DATE: To be determined, pending pool interior painting project timeline FEE: $1,650.00, plus 8.8% WSST C) Completion Phase Artist will complete 100% of the mural on the swimming pool wall, which will be acceptable to the Tukwila Arts Commission and the Parks and Recreation Department. DUE DATE: To be determined, pending pool interior painting project timeline FEE: $1,700.00, plus 8.8% WSST D) Special Requirements The City of Tukwila Parks and Recreation Department will provide, to the artist, the same paint as used in the swimming pool interior painting project, not to exceed $300.00, for the completion of the mural. Agreement for Artwork - Page 6