HomeMy WebLinkAbout25-219 - Contract - Makanalani Montoya - Face Painting & Beautification ServicesCity of Tukwila 25-219
6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A
AGREEMENT FOR ARTIST SERVICES
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THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Makanalani Montoya, hereinafter referred to as "the Artist", in
consideration of the mutual benefits, terms, and conditions hereinafter specified. The Cityand the
Artist are individually a "party" and collectively the "parties."
Project Designation. The Artist is retained by the City to create an original work(s) of art,
hereinafter referred to as "artwork", and perform artist services in connection with the 2025
Tukwila Summer Event Series, as described in "Exhibit A".
2. Scope of Work. The Artist agrees to provide the services, deliverables and all other
obligations in the manner described in "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 December 31, 2025,
unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Artist to proceed. The
Artist shall perform all services and provide all work product required pursuant lb this
Agreement no later than December 31, 2025 unless an extension of such time is granted
in writing by the City.
4. Payment. The Artist shall be paid by the City for com pleted work and for services rendered
under this Agreement as described in "Exhibit B." The total amount paid by the City for
the Artist's full and complete performance of the Scope of Work shall not exceed $5850.00
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 forall 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 complywith all
applicable laws regarding the reporting of income, maintenance of records, and all other
requirements and obligations imposed pursuant to applicable law.
7. Acknowledgements and Conflict of Interest. The Artist acknowledges and warrants
Tat she/he,
is the original creator of the artwork and owns all applicable copyrights to the
artwork.
8. Agreement Administration and Notices. Doreen Deaver, Parks & Recreation
Department, shall have primary response I ety for Agreement administration and approval
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CC Reviewed: 12/2024
CA Reviewed: 01/2025
{KAR492 3-9197-7488; 2/13175.000001/}
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:
CITY:
Name: Doreen Deaver
Title: Enrichment Coordinator
Address: 12424 42nd Ave S
Tukwila, WA 98168
Telephone: (206)840-1409
E-mail: doreen.deaver@tukwilawa.gov
ARTIST:
Name: Makanalani Montoya
Address: 153 sw 332nd Pl ##3104
Telephone: (206)979-5669
E-mail:
kanalaniscreations@gmaii.com
9. Alternation, Modification, and Deaccessioning of the Art. The City is responsible for
maintaining the artwork. The City reserves the right to remove the artwork at any time for
cause, including but not limited to, the following:
a. maintenance requires removal
b. the condition or security of the Art cannot be reasonably guaranteed.
c. the Art has been damaged, and repair is impractical or unfeasible.
d. the Art endangers public safety.
e. significant changes in the use, character, or design of the site have occurred
which affect the integrity of the Art.
f. the Art is shown to be unauthentic or not meeting the design criteria.
In the event the artwork is removed. the City will make a reasonable effort to inform the
Artist of the removal.
Artist services
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10. Ownership and Use of Artwork.
A. The Artist 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 Artist
pursuant to this Agreement, except as those rights are expressly limited by this
Agreement. The Artist will be given artwork credit on the box.
B. The Artist hereby grants to the City a perpetual irrevocable license to reproduce,
distribute, publicly perform, display, and create derivative works of the artwork, but
only for noncommercial education, public information, and other governmental
purposes. The rights granted by this provision shall survive the expiration of this
Agreement
C. The City shall assure that the original artwork and all reproductions, copies, and
derivative works by the City of the Artist's work produced pursuant to this Agreement
contain a credit to the Artist where possible.
11. 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.
12. 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
copywriteof any works created by the Artist pursuant to this Agreement, exceptfor 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.
13. 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 employerwith respect to the Artist, or any
employee of the Artist.
14. 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
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Approved as to form: 03/2025
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 employeeworking solely forthe 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.
15. 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, creed, color,
national origin, age, veteran status, sex, sexual orientation, gender identity, maritalstatus,
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.
16. 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.
17. 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.
18. 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.
19. Applicable Laws 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.
20. Severabili!X and Survival. If any term, condition, or provision of this Agreement is
declared void or unen orceable 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.
21. 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 itis in
writing and signed by the parties.
DATED this 97th day of July, 2023.
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Approved as to form: 0312025
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Exhibit B
Compensation Terms and Schedule for Completion
Compensation Terms
The Artist shall be paid by the Cityfor completed artwork and forservices rendered on a perevent
and/or deliverable basis.
Deliverables
...................
1. Facepainting service at City events
2. Beautification services at Tukwila Community Center
Schedule for Completion.
$5850.00 upon completion of and approved delivery of service with submission of the following
an invoice for services rendered and any required supporting documentation.
The Artist may submit invoices to the City when the required tasks are completed. Such invoices
will be checked by the City and, upon approval thereof, payment shall be made to the Artist in the
amount approved to be payable within thirty (30) days.
Services shall be provided upon written request by the City.
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Approved as to form: 0312025