HomeMy WebLinkAbout25-235 - Contract- Gloria Malumba Alberto - Artist: Portrait Honoring Project..............
City oif Tukwila 25-235
CouncH Approval
6200 Soufficenter Boulevard, t 98188
AGREEMENT FOR ARTIST SERVICES
1. P.Irpi9ct P#sk!R#9n- The, Artist is, retained by the City to create an original w of
referred to w and perform w
Tukwila Portrait Honoring Prqject, as described in Exhibit A. The City iis responsib
for furnishing payment foir completed artwork upon !it being deemed satisfactory by t
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3. Duration of Aureement Time for Perfoirmance. This Agreement shall be lin full force
• effect for a period commencing upon executionand ending December 31, 2025,
unless sooner terminated under the provisions h:r wa w Work under
Agreement w upon w by to the Artist to proceed.
Artist shall perform all services and provide w product •w 'w pursuant to
Agreement w later than Augustw of granted
writing by
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5. Record ...... w g and Reporting The Artist'srecords w accounts pertaining to thiiis
Agreement are to be :wt available forinspection by, -w of • the
state of Washington w period of payments.wr be
w: available upon:w
V. Taxe& The Artist is solelyww w « for the payment w ges and taxes applicable
to the services performed underAgreement,w the Artist agrees to comply
applicable «w: w w the reporting of M of w w, and all other
requirementsand obligations imww .w pursuant to applicable
". A�cknowj Wrgq �t .. and Conflict of Interest. The Artist acknowledges and warrants
that she/he,
w' resides within Kling County;
Artist serve Page 1 f 7
• is neither a member of the Tukwilla Arts Commission nor an empiloyeei of the City
of Tukwila; and
• is the original creator of the artwork and owns all applicable copyrights to the
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8. Agreement Administration and Notices. Michael May, Parks & Recreation Department,
will serve as the Program Manager for the City and shall have primary responsibility for
Agreement administration and approval 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:
mm
"Itlame: ibichael May
Title: Parks & Recreation Manager
Address: 12424 42nd Ave S
Tukwila, WA 98168
Telephone: (2016) 767-2342
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Rame: Gloria iNalumba Alberto
Address* 7930 Rainier Ave S. Apt
A216
Telephone: (206) 853-4132
E -mall:
B. The Artist hereby grants to the City, its successors and assigns a limited license to
print, reprint, and display the artwork created by the Artist for the Tukwila Portrait
Honoring Project. The Artist hereby grants to the City a perpetual irrevocable license
to reproduce, dist6bute, publicly perform, display, and create derivative works of the
artwork, but only for noncommercial education, public information, and other
governmental purpoIses. The rights granted by this provision shall siuiirvive the
expiration of thisAgreement.
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
contaiin a credit to the Artist where possible.
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Artist Services Page 2 at '+
11. 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
copywrite of any works created by the Artist 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 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.
12. 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 employer with respect to the Artist, or any
employee of the Artist.
13. 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
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 employee working solely for the 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 Agreement 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.
14. 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, marital status,
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.
15. 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.
16. 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.
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17. 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.
18. Applicable Law; 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 the Superior Court of King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit.
19. 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.
20. 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 it is in
writing and signed by the parties.
21. The Artist shall complete a W-9 form and such form shall be attached to this
Agreement.
DATED this 28'h day of July, 2025.
Artist Services Page 4 of 6
CITY OF TUKWILA
DocuSlgned by:
N(6d t4�
Signature
Michael May
Printed Name
7/28/2025 110:53 AM PDT
Date
Program Manager
Title
City of Tukwila Parks & Recreation
12424 - 42nd Avenue South
Tukwila, WA 98168
Phone: 206 768-2822
Fax: 206 765-0524
W9: Confirmed
ARTIST
Signed by:.
Signature
Gloria Malumba Alberto
Printed Name
7/26/2025 19:57 AM PDT
Date
07-26-2025
Address
7930 rainier Ave S
Wa 98118
City, State, Zip
(206) 853-4132
Phone Number
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Exhibit A: Scope of Work
Artist Gloria Alberto will complete a portrait of the Rev. Jan Bolerjack from Riverton Park
United Methodist Church.
The portrait is part of an art project developed by the Tukwila Arts Commission called the
Portrait Honoring Project. This project highlights Tukwila residents who have had a positive
impact on their community.
The portrait specifications are as follows:
• Paintingwill be on a 10" x 10" x 1 1/2" canvas or wood panel.
• Paint types may include acrylic, oil, watercolor, gouache, or tempera.
• The artist has the choice of painting the subject in person or from a photograph.
Completion timeline:
• The artist will complete the portrait as specified herein by August 31, 2025.
Funding for the project:
• After the portrait is delivered to the Tukwila Arts Commission and deemed
satisfactory, the artist will be paid $1,000.00 by check from Tukwila's 1 % Arts Fund.
L 9�Inifial
Artist Services Page 6 of 6