HomeMy WebLinkAbout19-133 - Elizabeth Gahan Studios, LLC - Municipal Arts Fund ProgramCity of Tukwila Agreement Number: 19-133(a)
6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Elizabeth Gahan Studios LLC
That portion of Contract No. 19-133 between the City of Tukwila and Elizabeth Gahan
Studios LLC is hereby amended as follows:
Section 1: Scope and Schedule of Services to be Performed — Exhibit A (attached)
Section 2: Compensation and Method of Payment — Exhibit B (attached)
Section 3: Duration of Agreement; Time for Performance. The expiration for this
contract was December 31, 2020 and is now amended to expire on December 31, 2021.
AH other provisions of the contract shall remain in full force and effect.
; Dated
-
Dated this / day of -07 e
CITY OF TUKWILA CONTRACTOR
, 20 2-0
Rick Still, Parks & Recreation Director Elizabeth Gahan Studios LLC
1/1
Page 1 of 1
19-133, Amend #1
Council Approved N/A
Exhibit A
General Terms and Scope of Services for Consulting for Tukwila Parks and Recreation
The Scope of service bdivided into tasks with identified activities and deliverabies for aPI ser -vices hsted
herein.
Task 1: LTAC Engagement & Proposal
1. ProposaP prep, reearch, and digital designs.
2. Budget development for LTAC proposal.
3. etc.).City Department engagement and issue identification /ex.artwork approval, permitting, i
4. Present proposal toLTACtofund p�mpermanent
Deliverables/Outcomes
-LTACproposaLbwdget,amdproject description
' Documentation pn research arid outcomes
Task 2: 1% Arts Fund Program Development and Irnplementation
1. Develop tools to facilitate and increasc participation by Tukwila City Departrnents to engage artists in
projects being implemented by the City. Identify department needs to participate in public art
procurement.
Z. Develop strategies and programs tofacilitate implementation of 1% for Arts Funds. Consider how
funds can be allocated to support emerging artists, established artist, permanent art, storefronts
program, makers space, artist selection process, community engagement building partnerships, public
events, etc.
3. Develop tools to track Artist in Residence projects, research, and experiences. Facilitate
documentatjor that will be helpfui for future Artists in Residence partcipants identifying outcomes and
telling the story of the AIR program participants.
4. Offer strategic support to Artist in Residence participants to facilitate AIR projects.
Deliverables/Outcomes
- Develop documents and guidelines to support public art projects; may include, but not limited
to, public art policy, call to artists templates, selection procedure guidelines, etc.
- Organize document resources on Microsoft Teams for use by all City Departments.
- Develop a standardized project summ:ery form to build a reference index of public art projects
- Pilot project to develop process from "call to artist" to prcijectimp/ernwntatinnhorutUitybnx
vinyl wraps for City utility boxes. Offering procedural, research and technical support to
faciiitate the project.
- Engage in partnership with Southcentermall to develop a "VVin6ow+xcopes° program and
annual Fine Art Show.
Task 3: Research & Analysis
1. Research Iocai arid regionaf bestpractices of public art programs, as well as artist and community
engagement strategies.
Deliverables/Outcomes
- Report on findings.
- Implement strategies in ongoing projects.
19�33, Amend #1
Council Approved N/A
Consulting for Tukwila Parks and Recreation: Project Schedule, Compensation and Payments
Consulting Terms:
Hourly rate $100,/hr. billed monthly. Invoice indicates time billed, task description and amount owed,
Deliverables &Payment
Task 1: 2Uho.invoiced upon completion nfLTACprop o|presentation $J'000.00
Task #2and #3: Hours will vary. Total monthly hours will be supervised and approved by Tukwila Parks
and Recreation Designee. Consultant will regularly report progress, receive feedback on work
completed, and receive input on prioritizing projects. Tasks #2 & #3 not to exceed $18,000.00.
Tota|forTasks#1 #2,& #3 Not toexceed $2[\0O0.00
19-133
City of Tukwila Contract Number:
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
ARTIST SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Elizabeth Gahan Studios LLC, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform artist consultant
services in connection with the project titled Municipal Arts Fund Program Development and
Implementation.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2020, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31, 2020 unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $20,000.00 without express written modification of the Agreement signed
by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved. Monthly invoice payments to be
payable within 30 (thirty) days and/or prior to submission of the following month's
invoices. Timely payment to be a condition of continuing performance unless agreed
upon otherwise by the parties in writing.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. 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.
E. The Consultant'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.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall retain all copyrights under federal law and future use
thereof, and reserves the right to retain OOpi8S, including reproducible copiea, of drawings
and specifications for information, reference and use in connection with the Consultant's
endeavors. The Consultant shall not be responsible for any use of the said dooV08Ota,
drawings, specifications or other materials by the City on any project other than the project
specified in this Agreement.
None of the Artist's works provided herein will be deemed "works for hire" for purposes of
copyright Iaw and the copywrite will solely belong to the Artist. To that extent that any of the
Artist's works hereunder include materials subject to pGt8Dt, trade secret or other proprietary
right protection, the City hereby irrevocably assigns to the Artist all its right, title and interest
that it may be deemed to have in and to any and all invSnti0no, copyrights, pateOts, trade
secrets and other proprietary rights therein (including renewals thereof).
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this /\g[ee[DeOt, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all d8iOOS, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement or relating to the copywrite of
any works created by Consultant pursuant to this Ag[ee0eOt, 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 Iiability for damages arising out of bodily injuryjury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consu!tant and the City, its officgrs, offida|s, employees, and vounteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV, solely for the
purposes of this indemnification. This waiver has been mutuaUy negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the
Consultant 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 p[Vg[aDl. otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consu!tant.
9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or pe[soO, other than a bonafide employee working solely for the
Consultant, to solicit or secure this cnnt[act, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, co0OniSaioO, pe[ceOta08, brokerage fee, Qifts. 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 Ilability, or in its discretion
CArevised :1-2O 5
Page 2
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.
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 or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
11. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
12. 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.
13. Termination.
A. The City, and the Consultant, reserves the right to terminate this Agreement at any time
by giving ten (10) days written notice to the Consultant.
B. The City acknowledges that the Consultant is the sole member of a single -member
LLC and that the incapacity or death of the Consultant shall constitute good cause for
termination of the Agreement, upon ten days' notice. In the event of the incapacity or
death of the Consultant contracts are not assignable.
14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant 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 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. Venue for any
action arising from or related to this Agreement shall be exclusively in King County Superior
Court.
15. 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.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Elizabeth Gahan Studios, LLC
8450 9th Ave SW
Seattle, WA 98106
17. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
CA revised : 1-2013
Page 3
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
CITY OF TUKWILA
day of , 20
Rick Still, Director
CA revised : 1-2013
CONSULTANT
By:
Printed Name:
Title: r
I 4-Al'}-c-ft'l (kc-,
Page 4
Exhibit A
General Terms and Scope of Services for Consulting for Tukwila Parks and Recreation
The Scope of service is divided into tasks with identified activities and deliverables for all services listed
herein.
Task 1: LTAC Engagement & Proposal
1. Proposal prep, research and digital designs.
2. Budget development for LTAC proposal.
3. City Department engagement and issue identification (i.e. meeting on mural permitting, etc.).
4. Present proposal to LTAC to fund project development for permanent art.
Deliverables/Outcomes
- LTAC proposal, budget and project description
- list of meetings with notes
- technical summary of permit requirements
Task 2: 1% Arts Fund Program Development and Implementation
1. Develop tools to facilitate and increase participation by Tukwila City Departments to engage artists in
projects being implemented by the City. This includes meeting with departments to identify needs.
2. Develop strategies and potential programs to facilitate implementation of 1% for Arts Funds.
Consider how funds can be allocated to support emerging artists, established artist, permanent art,
storefronts program, makers space, artist selection process, community engagement, building
partnerships, public events, etc.
3. Develop tools to track Artist in Residence projects, research and experiences. Facilitate
documentation that will be helpful for future Artists in Residence participants, identifying outcomes,
and telling the story of the AIR program participants.
4. Offer strategic support to Artist in Residence participants to facilitate AIR projects.
Deliverables/Outcomes
- Create participation plan focused on City departments that would possibly include Call to
Artists template, selection procedure guidelines, City government shared folder on the cloud
with resources to support public art projects, a pre -approved artist roster.
- Develop a standardized project summery form to build a reference index of public art projects
- Pilot project to develop process from "call to artist" to project implementation. Work with AIR
participant on utility vinyl wraps for International Blvd. offering procedural, research and
technical support to facilitate the project.
- Engage in partnership with Southcenter mall to develop a "Windowscapes" program and
annual Fine Art Show.
Task 3: Research & Analysis
1. Research local and regional best practices of public art programs, as well as artist and community
engagement strategies.
Deliverables/Outcomes
- Report on findings.
- Implement strategies in ongoing projects.
Exhibit B
Consulting for Tukwila Parks and Recreation: Project Schedule, Compensation and Payments
Consulting Terms:
Hourly rate $100/hr. billed monthly. Invoice indicates time billed, task description and amount owed.
Deliverables & Payment
Task 1: 20hrs. invoiced upon completion of LTAC proposal presentation. Task #1 not to exceed $2,000.
Task #2 and #3: Hours will vary. Total monthly hours will be supervised and approved by Tukwila Parks
and Recreation Designee. Consultant will regularly report progress, receive feedback on work
completed, and receive input on prioritizing projects. Task #2 & #3 - not to exceed $18,000.
Total for Tasks #1, #2 & #3 — Not to exceed $20,000