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HomeMy WebLinkAbout18-201 - Johnson Olisa dba Praxis Essentials - Artist in Residence (Tukwila International Boulevard)City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 18-201 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Olisa Johnson DBA Praxis Essentials, LLC , hereinafter referred to as "the Contractor," whose principal office is located at 3220 California Ave SW, B213, Seattle, WA 98116 WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing October 1, 2018, and ending November 15, 2019, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. 10. Discrimination Prohibited. The Consultant, with regard to the work performed by it 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 13. Severabilitv 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. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable Law: Venue: Attorney's Fees . This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbiabi, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 16. Proprietary Rights and Rights of Reproduction. A. Except as expressly set forth in herein, the Contractor will own exclusively all right, title and interest in and to all items that are conceived, made, discovered, written or created by the Contractor pursuant to this Agreement. None of the Contractor's works provided herein will be deemed "works for hire" for purposes of copyright law and the copyright will belong solely to the Contractor. To that extent that any of the Contractor's works hereunder include materials subject to patent, trade secret or other proprietary right protection, the City hereby irrevocably assigns to the Contractor all its right, title and interest that it may be deemed to have in and to any and all inventions, copyrights, patents, trade secrets and other proprietary rights therein (including renewals thereof). B. The Contractor 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 Contractor pursuant to this Agreement, except as those rights are expressly limited by this Agreement. The Contractor authorizes the City and its assigns to make, publicly display, and distribute any and all photographs, copies, drawings and other two-dimensional reproductions of any artwork produced pursuant to this Agreement without prior consent of the Contractor, if for the sole use and benefit of the public, including but not limited to advertising, brochures, informational and educational documents, presentations and similar material, but no other use is permitted without prior consent of the Contractor. C. The City shall assure that all reproductions, copies and derivative works by the City of the Contractor's work produced pursuant to this Agreement contain a credit to the Contractor and a copyright notice substantially in the following form: "© or Copyright, date of the first publication or date of creation, Contractor's name." DATED this day of j40 Y , 20 �g . CITY OF TUKWILA 11/ Allan waii!'Arr war /Ns_ , :� ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By. CONTRACTOR Printed Name and Title of f6 L C/Oh fri bD v -i Address: 3.9 cd•S4rh ;ek a `51-0 ,152'(3 eYeAocitte_i&)4 q8l/0 EXHIBIT A - GENERAL TERMS AND SCOPE OF SERVICE The Artist shall, in consultation with the City, participate as an Artist in Residence with a focus on Tukwila International Blvd. The Artist will undertake an in-depth community-based project that partners with the people that live and work in Tukwila, as well as city staff. This exploratory collaborative project intends to bring attention to an important physical/social aspect of the city, Tukwila International Blvd; link community members of this incredibly diverse community to each other and to this specific part of their city using diverse creative means and thinking. A. The City shall pay the Artist for satisfactory completion of the Artist in Residence Scope of Service in the total fixed amount of $30,000 (thirty thousand and no/100 U.S. Dollars) for the resident artist's time on the project. This fee shall constitute full compensation for all services to be performed and furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. B. The Artist will use their best efforts to perform the Services in a satisfactory and competent manner. Should the Artist engage any subcontractors in the performance of the Services, the Artist agrees that Artist will cause all such subcontractors to be bound by the terms and conditions of this Agreement. Notwithstanding the foregoing, Artist shall not assign the creative or artistic portions of the Services to another party without the prior consent of the Parks & Recreation Manager or their designee. The Artist agrees to comply with all applicable county, local, state and federal laws, regulations and ordinances regarding performance of work. C. The Artist will spend on average 20 hours of each week in Tukwila during the year of residency, essentially treating the residency as half-time work for a total of 1,040 hours. D. The Artist shall have a budget of up to $10,000 USD available for supplies and professional services related to activities and the creation of art during the year. The Artist will work with the Parks & Recreation Manager or their designee regarding the requisition of supplies and equipment. E. The Artist will have access to Tukwila Parks & Recreation Department facilities and equipment, which shall be coordinated with the Parks & Recreation Manager or their designee. F. The Artist shall coordinate the intended work schedule and event dates with the Parks & Recreation Manager or their designee. G. The Artist will have a dedicated office space in the Tukwila Community Center, shared with the other Artist in Residence, to a) be a presence for City staff; and b) meet as necessary with community members and local artists to gather information, share ideas, and identify and plan activities and events. H. The Artists shall work both independently and collaboratively to research and develop ideas for activities, events and recommendations. I. The Artist shall be responsible for conducting a variety of art -based community engagement activities requiring coordination between the Artist and the Tukwila Arts Commission and Tukwila Parks and Recreation Department staff. J. The Artist shall document research, interviews, community contacts, etc. used to determine the activities and develop a work plan for the length of the residency; document resources utilized; provide a monthly report on the work plan progress, outcomes and proposed projects for the coming months; and presentations to the Tukwila Arts Commission and Tukwila City Council upon request. K. The Artist shall conduct a community debrief and prepare a final report regarding the activities, the artist experience, community feedback and recommendations. EXHIBIT B — PROJECT SCHEDULE, COMPENSATION AND PAYMENTS The scope of the service is divided into tasks with identified activities, deliverables and payments. Task 1: Scoping / Research Time Frame: Oct 1 — Dec 31, 2018 Conduct early information gathering and research to inform the rest of the residency. This work will consist of: A. Meetings with city staff / boards, community leaders / organizations, community members B. Site research - exploring the TIB and the surrounding areas C. Conducting a cultural asset survey along the TIB D. Coordinating with Sarah Kavage, AIR for Duwamish/Green River Deliverable: Work plan with proposed projects (including schedule and materials budget) for the remainder of the residency. Payment: $6,000 / invoiced monthly @ $2,000 upon submittal of a monthly progress report Task 2: Artwork creation/partnership projects Time Frame: January 2019 — September 2019 Implement and create projects proposed in Phase 1. Including researching the feasibility of the following: A. Using paint, events, and temporary installations to enliven public spaces B. Partnerships with local artists, teaching artists, community organizations, and performers C. Creating visual and conceptual links between Tukwila International Boulevard and the Duwamish- Green River D. Community inspired projects Deliverable: Work plan update detailing the following information: A. Summary of monthly activities: Projects - process/progress, participant/partner details, financial reports B. Schedule and work plan for upcoming month's activities: Projects - plans, participant/partner details, requested resources Payment: $18,000 / invoiced monthly @ $2,000 upon submittal of a monthly progress report Task 3: Impact statement - Community debrief, final report and recommendations Time Frame: October 1 — November 15, 2019 Community debrief including, but not limited to community surveys, forums and feedback sessions with stakeholders. Deliverable: Compile a final report on the activities, the artist experience, community feedback and recommendations. Payment: $6,000 / invoiced upon submittal of final report