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HomeMy WebLinkAboutCAG2021-305 - Original - Kathleen Warren dba Overall Creative - 2021 Traffic Signal Control Box Art Wrap - 05/21/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Dir. Assist: 4 03/02/2021 4 Other 19026223.64190.4310 Contract 06/21/2021 Original2442542 Parks, Recreation & Community ServicesRonda Billerbeck $1,000 August 30, 2021 4 4 ASAP N/A June 21, 2021 4 4 06/29/2021 1 | Page KENT CITY ART PROGRAM AGREEMENT This Agreement dated May 21, 2021, between the City of Kent ("City") and Kathleen Warren, d/b/a Overall Creative, located and doing business at 308 Powell Ave. SW, Renton, WA 98057 ("Artist"). 1. Purpose. The Artist will develop a proposal for artwork for the following project: TRAFFIC SIGNAL CONTROLLER BOX, Kent, Washington The Work under this agreement is to develop a design for artwork to be placed on a specific traffic signal controller box. This is a two-phase agreement. For the first phase, the Artist will submit a draft or preliminary design to the City’s Arts Commission. If accepted by the Commission, the Artist will finalize the design and deliver the final design in a high-resolution digital format suitable for printing and installation as a vinyl wrap on the City traffic signal controller box. 2. Deliverables. The Artist will provide the following deliverables: Phase 1—Delivery due on or before July 12, 2021: • A design for artwork to be converted into a vinyl wrap for the traffic signal controller box at 4th Avenue and Willis roundabout (NW corner), Kent. • A brief written description of the proposed design, including medium. Phase 2—This phase is optional to the city and will only be implemented if the City’s Arts Commission and City staff decide to approve the Artist’s design for installation on the controller box: • If approved, the City will purchase the work/design for conversion into a vinyl wrap to be applied, at the City’s discretion, on the identified traffic signal controller box, or a different controller box, if the City so chooses. 3. Payment. The City will pay the Artist as follows: Phase 1—If the Artist delivers the Phase 1 work on or before June 9, 2021, the City will pay the Artist $250.00, inclusive of design, research, travel, and applicable Washington State sales/use tax. If the Artist delivers the work after that date, no payment is due, unless the City, at its sole option, accepts the late submittal. Phase 2—If the City Arts Commission and City staff approve the Artist’s Phase 1 submittal and if the Artist delivers the Phase 2 work within the time set by the City, the City will pay the Artist $750.00, inclusive of design, research, travel, and applicable Washington State sales/use tax; If the Artist delivers the Phase 2 work after the date set by the City, no payment will be due, unless the City, at its sole option, accepts the late submittal. 4. Proprietary Rights and Rights of Reproduction. If any patentable or copyrightable material or article should result from the Artist’s work, all rights accruing from that work will be the Artist’s sole property. The Artist reserves all available rights under 2 | Page common law or the Federal Copyright Act to control the making and dissemination of copies or reproductions of the artwork, except as this agreement limits those rights. • The Artist authorizes the City to photograph, digitally and graphically reproduce by any and all means and media, the artwork without prior consent of the Artist for non-commercial purposes and in advertising, brochures, and similar material produced in conjunction the project and the Public Art Collection. • To the extent practicable, all reproductions made by the City will contain a credit to the Artist and a copyright notice intended to comply with the U.S. Copyright Laws. 5. Ownership of the work; removal and destruction. Notwithstanding Section 4 above, the Artist acknowledges and understands the work, if accepted and installed, is temporary. When the City, at its sole option, determines that the integrity of the artwork as described in Exhibit A cannot be maintained or the repair or maintenance of the artwork is impractical, the City may: (1) remove the work from public display or (2) destroy the work. Accordingly, the Artist, by signing this agreement, waives any claim to copyright or trademark that would require the City to maintain or preserve the artwork at the specified location. 6. This agreement constitutes the entire agreement between the parties and may be amended only if in writing and signed by both parties. IN WITNESS, the parties below execute this agreement, which shall become effective on the last date entered below. ARTIST: By: Print Name: Its DATE: NOTICES TO BE SENT TO: CITY OF KENT: By: Print Name: __________ Its __________________________ DATE: NOTICES TO BE SENT TO: ARTIST: Kathleen Warren 308 Powell Ave. SW Renton, WA 98057 803-466-6932 kathleen@overallcreative.com CITY OF KENT: Ronda Billerbeck 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 rbillerbeck@kentwa.gov Lori Hogan (Jun 21, 2021 17:07 PDT) Recreation and Cultural Services 6/21/2021 Lori Hogan Kathleen Warren (Jun 29, 2021 15:33 EDT) Kathleen Warren Kathleen Warren 6/29/21 Signature: Email: Melissa McCormick (Jun 29, 2021 12:51 PDT) Melissa McCormick cityclerk@kentwa.gov TSCB_OverallCreative_Contract Final Audit Report 2021-06-29 Created:2021-06-21 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAMwQK8n2J6RRV27SfcF5zOcSkSBUsInZf "TSCB_OverallCreative_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2021-06-21 - 11:26:07 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature 2021-06-21 - 11:28:37 PM GMT Email viewed by Lori Hogan (lhogan@kentwa.gov) 2021-06-22 - 0:05:51 AM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2021-06-22 - 0:07:19 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kathleen Warren (kathleen@overallcreative.com) for signature 2021-06-22 - 0:07:21 AM GMT Email viewed by Kathleen Warren (kathleen@overallcreative.com) 2021-06-22 - 1:13:19 PM GMT- IP address: 66.249.88.237 Email viewed by Kathleen Warren (kathleen@overallcreative.com) 2021-06-28 - 10:01:30 PM GMT- IP address: 66.102.8.67 Document e-signed by Kathleen Warren (kathleen@overallcreative.com) Signature Date: 2021-06-29 - 7:33:18 PM GMT - Time Source: server- IP address: 174.197.137.95 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-06-29 - 7:33:20 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-06-29 - 7:48:02 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-06-29 - 7:51:16 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-06-29 - 7:51:16 PM GMT