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HomeMy WebLinkAboutCAG1991-0071 - Original - Danny Pierce - Contract for Commissioning of Artwork - Rasmussen Bldg - 08/16/1991 Contract for Commissioning of Artwork Kent Arts Commission City of Kent Artist: Danny Pierce Owner: City of Kent Address: 330 Summit Mural Location:The Rasmussen Bldg. Kent, WA 98031 303 West Meeker Kent, Washington Telephone: 859-1504 Media: Oil painting and Mural Painting Location: portable Contract Amount: $6,000 AGREEMENT FOR ARTWORK THIS AGREEMENT is made and entered into this 8th day of August, 1991 by and between the City of Kent, Washington, hereinafter called the "OWNER," and Danny Pierce, 330 Summit, Kent, WA 98031, hereinafter called the "ARTIST." WHEREAS, the OWNER desires to contract with the ARTIST, to provide an oil painting for the Kent City Arts Portable Works Collections and to provide consultation regarding the painting of the artwork on panels to be installed on the exterior of the Rasmussen Building, 303 West Meeker, Kent, Washington; and WHEREAS, the ARTIST has represented to the City that he is capable of performing the work in an artistic, professional manner. NOW, THEREFORE, the OWNER and the ARTIST, in consideration of covenants and conditions hereinafter set forth do agree as follows: I RETENTION OF ARTIST The OWNER does hereby retain the ARTIST to perform the work and services herein- after described. The ARTIST is an independent contractor and shall furnish all supervision, labor, materials, equipment, supplies, and all other incidentals, except as specifically provided below, and shall conduct and complete the work in a competent and professional. manner. II SCOPE OF WORK The Work referred to by this AGREEMENT includes the design, manufacture, completion and installation of the following artwork (hereinafter referred to as the "WORK") : Type of Work - Painting - designs to be replicated on panels to be installed on a building exterior Media - Oil Consultation - ARTIST will consult with sign painters hired to paint building regarding application of artwork to mural panels. 2 The ARTIST shall execute the WORK in accordance with a design first approved in writing by the OWNER, to become part of the Kent Portable Artworks Collection and replicated on the Rasmussen Building in Kent, Washington. The ARTIST will consult with and oversee professional sign painters who will apply the WORK to panels to be installed on the exterior of the building. III OWNERSHIP OF DOCUMENTS AND MODELS Drawings, specifications and models of the WORK, or which relate to the WORK, including all preliminary studies, shall be the property of the OWNER following completion of the WORK under this AGREEMENT. All of these items mentioned in the preceding paragraph, shall become and remain the property of the OWNER should this AGREEMENT be terminated by the OWNER for fault on the part of the ARTIST or because of the ARTIST'S disability or death. The use of these documents and models by the OWNER must be approved by the KENT ARTS COMMISSION. IV TIME SCHEDULE The ARTIST shall commence work on the project upon the date of execution of this contract, and shall complete the WORK, including delivery by , 1991. Such time for completion shall be extended by the OWNER only in the event the ARTIST actually incurs delays in the progress in the WORK due to the following factors determined to exist by the OWNER: unusually severe weather at time of installation; impossibility of procurement of needed materials; or acts of God beyond the control of the ARTIST. Amendments to the time of installation must be agreed to in writing by both the ARTIST and OWNER. The ARTIST must make arrangements with the OWNER for the appropriate time for installation and agree upon a scheduled date. V TRANSFERS The work and services required of the ARTIST under this Agreement are the property of the City of Kent and shall not be assigned, sublet or transferred without the express written approval of the OWNER. This shall not prohibit the 3 ARTIST from employing qualified personnel who shall work under his direct supervision. VI REVIEW OF WORK IN PROGRESS The OWNER, or its representatives, shall have the right at reasonable times to review the WORK and progress of the WORK. Authorized representatives of the OWNER may review the WORK at its location. VII PAYMENT The ARTIST shall be compensated by the OWNER for completed work and/or services related to this AGREEMENT only as provided hereinafter. Such payment shall be full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials, travel expenses, subsistence, equipment or use thereof, and for all other incidentals necessary to complete the WORK. Total compensation shall not exceed the sum fee of six thousand dollars ($6,000) , including any applicable sales tax. The ARTIST is solely responsible for payment of any sales tax. The total payment is subject to adjustment as set forth in Section VIII. Payments will be made upon a percentage of completion as set forth below: Payment 50% ($3,000) Upon completion of design and signing contract. Payment 500% ($3,000) Within thirty (30) days of completion of installation on site, if all other contracted services have been provided, no claims by laborers or materialmen have been filed, all taxes have been paid and the project finally accepted by the OWNER. The ARTIST may request reimbursement for purchase of materials in advance of the amount of the next scheduled payment. The OWNER may grant reimbursements at its sole discretion so long as the amount of reimbursement does not exceed the total of the next scheduled payment. The ARTIST is responsible for payment of all costs, including required materials, labor of assistants, communications, studio space, taxes, transportation, 4 storage, rentals, delivery, identification plaques, documentation, and public report of the completed WORK. The ARTIST is responsible for payment, to the Department of Revenue, any business and occupation sales taxes which may be due him as a result of this contract. The ARTIST shall , if applicable, submit a billing, including sales tax, in triplicate on City of Kent voucher forms in a manner directed to the OWNER for reimbursement as set forth herein. The OWNER will make payment to the ARTIST within thirty (30) days of the receipt and approval of the voucher, or may be applicable. VIII TERMINATION A. The right is reserved by the OWNER to terminate this AGREEMENT for any (nonaesthetic) reasons at any time upon not less than ten (10) days written notice to the ARTIST. The OWNER shall be the sole judge of whether the rendering by the ARTIST is aesthetic or nonaesthetic. B. In the event this AGREEMENT is terminated by the OWNER without fault on the part of the ARTIST as solely determined by the City, the ARTIST shall be entitled to a final payment or settlement as set forth below at the option of the ARTIST: 1. The ARTIST shall be paid according to the schedule set out in Section VII. The ARTIST shall deliver to the OWNER the WORK in whatever form it exists at that time, which shall then become the property of the OWNER for use without restriction, except that it shall not be represented to be the work of the ARTIST; or 2. The ARTIST may refund in U.S. dollar the costs of travel and subsistence due to him by the OWNER prior to the time of termination and retain the WORK, together with any models, plans, drawings and all materials and supplies purchased for the WORK, for his own use without restriction. C. In the event this AGREEMENT is terminated by the OWNER for fault on the part of the ARTIST, or because of the disability of the ARTIST, or is 5 terminated automatically because of death of the ARTIST, or in the event of any breach of its terms by the ARTIST, the OWNER may utilize either of the options available to the ARTIST under B above (except that if [1] is chosen, Section III, Paragraph 2, shall also apply) . Exercise of either of these options by the OWNER shall not prevent the OWNER from pursuing any remedy otherwise available to it in law or equity. IX INDEMNIFICATION The ARTIST does release and agree to save and hold, the OWNER, and the KENT ARTS COMMISSION and their members, elected and appointed officers, agents and employees, harmless from any and all causes of action, suits of law or equity, or claims or demands or any form of liability of any nature arising out of the performance of the WORK and obligations contained herein on the part of the ARTIST, his agents, and employees; except where caused by the sole negligence of the OWNER. X RISK OF LOSS AND INSURANCE The risk of damage to or loss of the WORK during development and through installation shall be borne solely that of the ARTIST. This risk shall transfer to the OWNER only upon transfer of ownership of the WORK, which shall occur after installation is complete and the WORK is finally approved by the OWNER. XI CHANGES, RELOCATION, RESALE If any material change occurs in the WORK after it has been finally completed and installed by the ARTIST (whether such change is intentional or accidental , and whether it is done by the OWNER or others) , including any change in the inter-relationship or relative locations of the parts of the WORK, the WORK will no longer be represented to be the WORK of the ARTIST absent the ARTIST'S consent. XII REPAIRS/MAINTENANCE The OWNER recognizes that, although normal maintenance of the WORK will involve simple and relatively inexpensive procedures, such maintenance on a regular basis 6 is essential to the integrity an authenticity of the WORK. The OWNER shall assure such regular maintenance according to the attached instructions of the ARTIST, and shall make every effort to protect and maintain the WORK against the ravages of time, vandalism and shall undertake any appropriate restoration of the WORK. The OWNER shall consult with the KENT ARTS COMMISSION before undertaking such repairs or restorations. Where possible, the ARTIST shall be consulted as to his recommendations with regard to all such repairs and restorations which are made during the lifetime of the ARTIST. An approved technical and maintenance record is attached. XIII NOTICE A public notice including the ARTIST'S name, shall be publicly displayed and identified with the WORK, and shall be paid for and installed by the ARTIST. The ARTIST shall have the public notice prepared pursuant to the KENT ARTS COMMISSION'S recommendations. The OWNER shall maintain such notice in good repair against the ravages of time, vandalism and the elements. XIV REPRODUCTION The ARTIST shall retain the copyright and all other rights, if any exist, in and to the WORK except ownership and possession; provided that the ARTIST grants to the OWNER an irrevocable license to reproduce the WORK in any manner whatsoever. If a project is made from sales of reproductions of the image, the city agrees to pay the Artist 10% of the profit. XV EMPLOYMENT Any and all employees of the ARTIST or other persons who engage in the performance of any work or services required by the ARTIST under this AGREEMENT shall be considered employees of the ARTIST and not of the OWNER and any and all claims that may or might arise under the Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the ARTIST'S employees or other persons while so engaged on any of the WORK or service provided to be rendered herein, shall be the sole obligation and responsibility of the ARTIST. The ARTIST warrants that he has not employed or retained any company or person, other than a bona fide employee or established art agent of the ARTIST, to solicit or secure this AGREEMENT, and that the ARTIST has not paid or agreed to pay any company or person, other than such employee or established agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award or making of this AGREEMENT. For breach or violation of this warranty, the OWNER shall have the right to terminate this contract or to deduct from the contract price the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. XVI NONDISCRIMINATION The ARTIST shall comply with all United States federal , state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. XVII MODIFICATION OR AMENDMENT This AGREEMENT is the sole agreement between the OWNER and the ARTIST concerning the subject matter hereof and supersedes any and all prior agreements relating thereto. No provision of this AGREEMENT may be amended, modified or supplemented except in writing signed by the OWNER and the ARTIST and submitted to the KENT ARTS COMMISSION. The waiver of the breach of any provision of this AGREEMENT will not constitute a waiver of any subsequent breach thereof, nor of the AGREEMENT. XVIII COMPLIANCE WITH STATUTES RULES AND REGULATIONS In the performance of the WORK, the ARTIST shall comply with all applicable state and local laws, rules and regulations. 8 XIX WAIVER The ARTIST agrees to notify the OWNER of changes in his address and failure to do so, if such failure prevents the OWNER from locating him, shall be deemed a waiver of the ARTIST'S rights in Article XI and XII. XX RECORDS The OWNER agrees to maintain on permanent file a record of this AGREEMENT and of the location and disposition of the WORK. XXI PUBLIC REPORT FORMAT To help facilitate the understanding of works of art within public agencies, the ARTIST shall make a public report to the OWNER. The ARTIST shall , upon installation of the completed artwork, provide this public report in a format agreed upon by the OWNER and the ARTIST. XXII ARTIST'S PROFESSIONAL RESUME' , TECHNICAL DESCRIPTION AND MAINTENANCE RECOMMENDATIONS FOR THE ARTWORK Upon completion of the WORK, the ARTIST shall provide a current professional resume' and technical description of the artwork and detailed recommendations for its maintenance (according to a form provided by the City of Kent) . These documents are to be submitted to the KENT ARTS COMMISSION and OWNER for its permanent records. For purposes of documentation and publicity of works acquired by the City of Kent, the ARTIST will furnish the KENT ARTS COMMISSION and OWNER with the following photographs of the finished WORK as installed. 1) 35 mm color slides of professional quality and details or views of the pieces. 2) Black and white glossy photographs of the pieces of professional quality. 9 AGENCY —City of Kent ARTIST Danny Pierce l - r BY TITLE Mayor of Kent TITLE ` DATE DATE ACCEPTED BYC� 0 TITLE Chai/an, Kent Arts Commission DATE F/a1/ 9/ Based on approval by the Kent Arts Commission during its meeting of Approved as to form: CITY TTORN Y ' Date PIERCE.PRK 10 ATTACHMENT A STATEMENT OF MAINTENANCE To assist maximum life of the artwork, the work of art commissioned under this contract should be maintained in accordance to the following procedures. When applicable, a copy of the Statement of Maintenance is to be attached to the back of the artwork. 11 ATTACHMENT B STATEMENT OF TECHNICAL DESCRIPTION OF WORK To include all materials, construction process and any technical procedures. 12 ATTACHMENT C PUBLIC REPORT FORMAT To help facilitate the understanding of works of art within public agencies, the ARTIST shall make a public report to the OWNER as outlined below. 13 TECHNICAL AND MAINTENANCE RECORD 2-DIMENSIONAL NAME OF ARTIST ACCESSION NO. TITLE OF WORK SPECIAL METHODS AND MATERIALS UTILIZED IN EXECUTION OF ARTWORK A. MATERIAL (type and brand name of pigment, paint, ink, dye, fabric, paper and fiber content) B. FRAMING MATERIALS AND CONSTRUCTION METHOD C. TECHNIQUE OR CONSTRUCTION METHOD D. FINISH (fixative coatings, fire retardants, sprays) E. FOUNDATION/INSTALLATION METHOD F. YEARLY MAINTENANCE AND CARE OF ARTWORK (cleaning agent and procedure) G. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.) H. PACKING/SHIPPING INSTRUCTIONS PIERCURK 14