Loading...
HomeMy WebLinkAbout26-155 – Contract – Caitlin Huertas – Artist: World Cup Community ArtArtist Services Contract Coding AGREEMENT FOR ARTIST SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as “the City”, and Caitlin HuertasError! Bookmark not defined., hereinafter referred to as “the Artist”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City and the Artist are individually a “party” and collectively the “parties.” 1.Project Designation. The Artist is retained by the City to create an original work of art, hereinafter referred to as "artwork", and perform artist services in connection with the World Cup Community Art, as described in Exhibit A. The City is responsible for furnishing payment for completed artwork. 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 July 31, 2026, 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 to this Agreement no later than July 19, 2026, unless an extension of such time is granted in writing by the City. 4.Payment. The Artist shall be paid by the City for completed work and for services rendered under this Agreement as described in Exhibit A. The total amount paid by the City for the Artist’s full and complete performance of the Scope of Work shall not exceed $11,592.00 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 for all 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. The City agrees to pay $5,796 or 50% of the balance of the artwork cost so that work may commence. 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 comply with 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 that she/he, •resides within King County; •is neither a member of the Tukwila Arts Commission nor an employee of the City of Tukwila; and •is the original creator of the artwork and owns all applicable copyrights to the artwork. 26-155 Council Approval N/A 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: CITY: Name: _________________ Title: ___________________ Address: 12424 42nd Ave S Tukwila, WA 98168 Telephone: E-mail: ARTIST: Name: ____________________ Address: __________________ Telephone: ________________ E-mail: ____________________ 9. 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 where applicable. B. 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. 10. 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. 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 cfd.huertas@gmail.com 5651 18th Ave SW Seattle, WA 98106 Caitlin Huertas 206-388-6666 michael.may@tukwilawa.gov Program Manager 206-635-8751 Michael May 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 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. 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. 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 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. 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. CITY OF TUKWILA Signature Printed Name Title City of Tukwila Parks & Recreation 12424 - 42nd Avenue South Tukwila, WA 98168 Phone: 206 768-2822 Fax: 206 765-0524 ARTIST Signature Printed Name Address City, State, Zip Phone Number 5651 18th Ave SW Seattle, WA 98106 206-388-6666 Artist Caitlin HuertasJefri Peters Parks & Rec Manager EXHIBIT A: Milestone Date Details Contract Signed TBD Signed contract + 50% deposit ($5,250) received. Project officially begins. No work starts before payment cleared. Fabrication begins Week of contract signing Fabricator begins cutting, beveling, and T-nut installation on all 12 Baltic birch pentagon panels Art design shared for approval Monday, May 18, 2026 Complete artwork designs for all 12 vinyl panels shared with City of Tukwila for review. Includes multilingual calligraphy integration and Tukwila 26 soccer theme. Final art approval deadline Friday, May 22, 2026 City of Tukwila provides final approval of all 12 panel designs. Artwork sent to print vendor immediately upon approval. Delays to approval may affect delivery timeline. Vinyl Print productions May 22- June 5, 2026 Print vendor produces all 12 matte vinyl panels. Proof approval required before full print run. Structure and vinyl prepped and ready for installation Friday, June 12, 2026 Fully fabricated dodecahedron panels, all hardware, and printed vinyl panels packed and ready for installation. Delivery to Block Party site coordinated. Installation at Block Party location Saturday, June 13, 2026 On-site assembly at Block Party location. 50% balance payment ($5,250) due before installation begins. Structure available for public coloring activation during event. Facilitation Saturday, June 13, 2026 The Artist will be on site at the Block Party location to facilitate public interaction and coloring of artwork. Disassembly at Block Party location Saturday, June 13, 2026 Disassembly at Block Party site. Transport and reassembly at Community Center location. Structure remains on display for remainder of summer. Facilitation Sunday, July 19, 2026 The Artist will be on site at the Tukwila Farmers Market location to facilitate public interaction and coloring of artwork..