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HomeMy WebLinkAbout21-055 - Elizabeth Gahan Studios, LLC - Art Consulting ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-055(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Elizabeth Gahan Studios, LLC That portion of Contract No. 21-055 between the City of Tukwila and Elizabeth Gahan Studios, LLC is hereby amended as follows: Section 2: Scope of Services, shall be modified as follows: The Consultant agrees to perform Master Plan report services in accordance with the scope of work included as Exhibit "A", attached hereto. Section 4: Payment, shall be modified as follows: The payment schedule has been amended as provided in Exhibit "B", attached hereto, provided that the total amount of payment to the Consultant under this agreement shall not exceed $39,000 without express written modification of the Agreement signed by the City. The total amount for this amendment is $19,000. All other provisions of the contract shall remain in full force and effect. Dated this 20th day of January , 2022 CITY OF TUKWILA CONSULTANT C7/(Law 6A-Ge/cg Key: J1,150,1flocIfe,,Jobtle,11,737, Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Chd C32YM1 01/20/2022 City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eSignaa via Seam,a==Doc= com Key: cl,,c1fcic,Je,f,15.1.2,11,1,1ba,107 Office of the City Attorney CA Reviewed May 2020 Elizabeth Gahan, Artist Elizabeth Gahan Studios, LLC Page 1 of 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Exhibit A Agreement Number: 21-055(a) Art Consulting Services for City of Tukwila Parks and Recreation: General Terms and Scope of Work The scope of work is divided into tasks with identified deliverables/outcomes listed herein. Task 1: Policy 1. Review 2021 Utility Box Art Pilot program and Thermoplastic Ground Mural projects. Create project completion reports for use in future projects and policy revisions. 2. Further Develop 1% Art Fund policy informed by 2021 project experience, research, and input from the community. 3. Work with appointed Strategic Art Plan & Community Engagement Consultant to address art policy topics, such as "Public Art and Social Justice Content," "Equitable Access to Art Opportunities, Art Jury Participation and Public Art Community Engagement" 4. Provide other assistance as needed. 5. Document completed projects and outcomes. Del iverables/Outcomes - Content for the 1% Art Fund Policy - Revisions to the Utility Box Art Program Policy based on the 2021 Pilot Project outcomes - Draft policy and process for Thermoplastic Ground Mural Program from Call to Artists (RFP) through to project implementation for future use. Task 2: Support Events & Programs for 2022 1. Baker Blvd. Summer Event with Lusio Lights 2. Utility Box Art Program (UBAP) 2022 3. Next Artist in Residence for Southcenter 3. Continue to work on Artist Roster and improve usability 4. Provide other assistance as needed. 5. Document completed projects and outcomes. Del iverables/Outcomes - Present Baker Blvd. Summer Event and Lusio Lights to LTAC for funding request - Recruit additional partners and sponsors from Southcenter to support Lusio @ Baker Blvd. - UBAP 2022, identify boxes, develop 2022 theme, revise project timeline, transition program administration to City Project Manager - Create a strategy for organizing/tracking artist roster information and improve access - Work with LTAC to develop next phase of Baker Blvd. Festival Streets plan, may include selection process for the next Artist in Residence at Southcenter, commission new project proposals for permanent public art, etc. CA Reviewed May 2020 Page 2 of 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-055(a) Task 3: Outreach strategies for partnering with businesses on public art projects 1. Develop strategies; may include a brochure of public art opportunities, building relationships with businesses, working with City departments to support City/Business partnerships, etc. 2. Develop City services to support businesses in commissioning public art with the goal of encouraging and supporting private investment in arts & culture in the community; may include facilitation of artist/artwork selection, providing information on City approval processes and/or permitting when applicable, information on commissioning public art 3. Create documents to supp ort City/Business partnership opportunities; may include guidelines for businesses on how to work with the City for each category of art (ex. utility boxes, murals, and ground murals), options for art procurement (ex. artist roster, public call to artists, juried selection, etc.). Del iverables/Outcomes - Gather information from City departments and develop policy for City/Business partnership on public art - Develop documents that can be provided to interested businesses - Identify potential business for public art collaboration, for example businesses on Baker Blvd in the "Festival Streets" area. Task 4: Art Consulting 1. Offer art consulting on a variety of topics to the City of Tukwila as needed. Exhibit B Art Consulting Services for City of Tukwila Parks and Recreation: Project Schedule, Compensation and Payments Consulting Terms: Hourly rate $100/hour, billed monthly, not to exceed $19,000.00 (nineteen thousand dollars and zero cents) under this agreement. Invoice indicates time billed, task description and amount owed. Hours per month will vary. Total monthly hours will be supervised and approved by the City of Tukwila Parks and Recreation Designee. Consultant will regularly report progress, receive feedback on work completed, and receive input on prioritizing projects. Tasks and Deliverables/Outcomes included herein will be completed as budget and timeline permit. Tasks and Deliverables/Outcomes can be edited or amended by agreement between the Consultant and the City of Tukwila Parks and Recreation Designee. CA Reviewed May 2020 Page 3 of 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-055 Council Approval N/A 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, 2022, 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, 2022 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 copies, including reproducible copies, 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 documents, 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 law and the copywrite will solely belong to the Artist. To that extent that any of the Artist's works hereunder include materials subject to patent, 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 inventions, copyrights, patents, trade secrets and other proprietary rights therein (including renewals thereof). 6. Compliance with Laws. The Consultant 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. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from 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 Consultant in performance of this Agreement or relating to the copywrite of any works created by Consultant 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 Consultant and the City, its officers, officials, employees, and volunteers, 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 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. 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 program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, 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, 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. CA revised: 1-2013 Page 2 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 amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised: 1-2013 Page 3 DATED this 12th day of March CITY OF TUKWILA Rick Still, Director CA revised: 1-2013 CONSULTANT By: , 20.21 Printed Name: Elizabeth Gahan Title: Consultant Page 4 Exhibit A Art Consulting Services for City of Tukwila Parks and Recreation: General Terms and Scope of Work The scope of work is divided into tasks with identified activities and deliverables for all services listed herein. Task 1: Utility Box Art Program (UBAP) Pilot Project 1. Draft documents for the UBAP. 2. Manage citywide pilot project from "Call to Artists" (RFP) to completion of utility box vinyl art. 3. Work with vendors for UBAP vinyl wraps. 4. Provide other assistance as needed. 5. Document completed project and outcomes. Deliverables/Outcomes - Develop process from Call to Artists (RFP) through to project implementation of UBAP for selected utility boxes. Offer procedural, research and technical support to facilitate the project. - Documents and guidelines to support the UBAP; may include, but not limited to, public art policy, Call to Artists, selection procedure guidelines, etc. Task 2: Ground Mural Art Program 1. Use Baker Boulevard Ground Mural Pilot Project (BBGM) to develop documents for future ground mural art projects. 2. Create a proposal for possible future ground mural art programs. 3. Document vendor and material information for City use. Deliverables/Outcomes - Develop documents and guidelines to support public art projects; may include, but not limited to, public art policy, Call to Artists, ground mural design and procurement process, vendor information, thermoplastic artwork guidelines, final report checklist for artists use, etc. - Create proposal identifying strategies for using ground mural art for public art programs. Task 3: Mural Art Program 1. Use mural research and Parks Department mural pilot projects to develop documents for future mural projects. 2. Identify new mural opportunities for City projects and partnerships with community and businesses. 3. Document mural pilot projects, vendor and material information for City use. Deliverables/Outcomes - Develop documents and guidelines to support public art projects; may include, but not limited to, public art policy, Call to Artists, vendor information, pricing matrix, final report checklist for artists use, etc. - Create proposal identifying strategies for using mural art for public art programs. Task 4: Outreach strategies for partnering with businesses on public art projects 1. Develop strategies; may include a brochure of public art opportunities, building relationships with businesses, working with City departments to support City/Business partnerships, etc. 2. Create documents to support City/Business partnership opportunities; may include guidelines for businesses on how to work with the City for each category of art (ex. utility boxes, murals and ground murals), options for art procurement (ex. artist roster, Call to Artists, etc.). Task 4: Art Consulting 1. Offer art consulting on a variety of topics to the City of Tukwila as needed. CA revised: 1-2013 Page 5 Exhibit B Art Consulting Services for City of Tukwila Parks and Recreation: Project Schedule, Compensation and Payments Consulting Terms: Hourly rate $100/hour, billed monthly, not to exceed $20,000.00 (twenty thousand dollars and zero cents) under this agreement. Invoice indicates time billed, task description and amount owed. Hours per month will vary. Total monthly hours will be supervised and approved by the City of Tukwila Parks and Recreation Designee. Consultant will regularly report progress, receive feedback on work completed, and receive input on prioritizing projects. Tasks and Deliverables/Outcomes included herein will be completed as budget and timeline permit. Tasks and Deliverables/Outcomes can be edited or amended by agreement between the Consultant and the City of Tukwila Parks and Recreation Designee. CA revised: 1-2013 Page 6