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CAG2023-654 - Original - Conner Studio LLC - Garrison Creek Park Renovation Public Art - 12/28/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: L" Agreement Routing Form DirAsst: PH PH • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Ronda Billerbeck Parks, Recreation & Community Services Date Sent: Date Required: � 12/15/2023 12/31/2023 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 03/07/2023 Budget Account Number: Grant? Yes No� 19023.66550.4310 Budget? Yes�No Type: N/A Vendor Name: fjA Category: i Conner Studio LLC (Elizabeth Conner) Contract Vendor Number: Sub-Category: c 35058 Original Project Name: Garrison Creek Park Renovation Public Art cProject Details: Design, fabricate, and install artwork for Garrison Creek Park in accordance with the Scope of Work, attached and incorporated as Exhibit A. c Basis for Selection of Contractor: � Agreement Amount• 120 000.00 Other E ' *Memo to Mayor must be attached 3- Start Date: 12/28/2023 Termination Date: 12/31/2026 Q Local Business? Yes Who*If meets requirements per KCC 3.70.100,please complete"Vendor Purchose-Local Exceptions"form on Cityspace. Business License Verification: ❑Yesw]ln-Process7Exempt(KCC 5.01.045) W1Authorized Signer Verified Notice required prior to disclosure? Contract Number: [:]YeswINo CAG2023-654 Comments: 4J i 3 a-+ f0 Im C C a1 3 3 0 ioc , a, a, ioc Date Received:City Attorney: 12/18/23IDate Routed:Mayor's Office 12/27/23 City Clerk's Office12/28/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 ARTISTIC SERVICES AGREEMENT between the City of Kent and Conner Studio LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation(hereinafter the "City"), and Conner Studio LLC, a Washington corporation, located and doing business at 20419 81 st Avenue SW, Vashon, WA 98070-6253, 206-310-0251 (hereinafter the "Artist"). AGREEMENT I. DESCRIPTION OF WORK. Artist shall perform the following services to create and install artwork for the City in accordance with the following described plans and/or specifications: Design, fabricate, and install artwork for Garrison Creek Park in accordance with the Scope of Work, attached and incorporated as Exhibit A. Artist further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement,Artist shall complete the work described in Section I by December 31, 2025 (Phase 1)and December 31, 2026 (Phase 2). III. COMPENSATION. The maximum amount to be paid under this Agreement for the work described in Section I above is $120,000.00 and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. Payments to Artist for the work contracted for in this Agreement shall be made as follows: PHASE 1. Design • Upon completion of Task 1 for Phase 1, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$6,000.00. • Upon completion of Task 2 for Phase 1, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$7,200.00. • Upon completion of Task 3 for Phase 1, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$7,200.00. • Upon completion of Task 4 for Phase 1, and production by Artist of the noted deliverables, and approval of documents submitted in Phase 1,the City's issuance to Artist of its Notice to Proceed with Phase 2, and the City's acceptance of the same as conforming, the Artist may submit an invoice in the amount of$3,600.00. PHASE 2: Artwork Fabrication and Installation • Upon completion of Task 1 for Phase 2, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$52,800.00. • Upon completion of Task 2 for Phase 2 (project construction and/or fabrication 50% complete), the Artist's production of the noted deliverables, and the City's acceptance of the same as conforming, the Artist may submit an invoice in the amount of$24,000.00. • Upon completion of Task 3 for Phase 2 (project construction and/or fabrication 100% complete), the Artist's production of the noted deliverables, and the City's acceptance of the same as conforming, the Artist may submit an invoice in the amount of$16,320.00. • Upon completion of Task 4 for Phase 2 and the City's final approval of the artwork and its installation, subject to its substantial conformance to approved designs, which approval is to be given jointly by the City's Cultural Programs Manager and the City's Parks Planning and Development Manager, or their designees, within 30 days of Artist's completion of the artwork's installation,the Artist may submit an invoice for final payment in the amount of$2,880.00. The Artist shall submit payment invoices to the City for work performed in accordance with the above payment schedule, which shall fully compensate Artist for all work described in this Agreement. The City shall provide payment within thirty (30) days of its receipt of a proper invoice from Artist. If the City objects to all or any portion of an invoice, it shall notify the Artist and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Artist has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. In the event of termination of this Agreement for cause, and except as limited by Section XIII below, the City may take possession of all records and data within the Artist's possession pertaining to this project,which may be used by the City without restriction. If the City's use of Artist's records or data is not related to this project, it shall be without liability or legal exposure to the Artist. In the event of termination of this Agreement by the City without cause, Artist is entitled to the exclusive right to retain possession of all of her designs and records pertaining to this project, and the City has no further right of use without a further agreement with Artist. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artist, its subcontractors, or any person acting on behalf of the Artist or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Artist shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VII. INDEMNIFICATION. Artist shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Artist's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. City shall defend,indemnify and hold the Artist, its officers,officials, employees,agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent performance of this Agreement,except for that portion of the injuries and damages caused by the Artist's negligence. The City's inspection or acceptance of any of Artist's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Artist shall procure and maintain for the duration of the Agreement,insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Artist for the purpose of completion of the work under this Agreement, including but not limited to items listed in Exhibit A- Scope of Work. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Except as limited by Section XIII below, original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Artist will be safeguarded by the Artist. Artist shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Artist for this project by anyone other than Artist on any other project shall be without liability or legal exposure to Artist. XI. CITY'S RIGHT OF INSPECTION. Even though Artist is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement,the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT ARTIST'S RISK. Artist shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Artist's own risk, and Artist shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. ORIGINAL ARTWORK CREATION. The Artist's services under this Agreement may include the creation of original artwork in the form of original designs in sufficient detail and scale so that the City or its agents or assigns could fabricate and install the Artist's specific original creation. In that event, the following terms and conditions will also apply, but only to that portion of the Artist's work under this Agreement that is directly related to the Artist's creation of the original artwork: A. Original Artwork. Artist's original designs created under this Agreement constitute original artwork. B. Retention of Rights and Issuance of License. The Artist retains all rights it may be entitled to pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et s ., and all other rights in and to the original artwork, except ownership and possession. Because the original artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate or exact three-dimensional reproductions of the original artwork or permit others to do so except by written permission of the City. The Artist grants to the City and its assigns an irrevocable license to reproduce the original artwork in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition of the original artwork or of the City Art Collection. All reproductions by the City of the original artwork shall contain a credit to the Artist and a copyright notice substantially in the following form: "Copyright, Artist's name, all rights reserved, date," in such a manner and location as shall comply with the U.S. Copyright Laws. Any use of the original artwork reproductions by the City, for profit,that is not directly related to the City Art program, shall be subject to Artist's advance approval and Artist shall be entitled to reasonable royalties or additional usage fees. In that event, the parties shall negotiate additional compensation due Artist. C. Ownership of Documents. Models. All studies, drawings, designs, maquettes, and models of original artwork prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. In the event of approval of the Artist's designs and full payment to her, the City may select and the Artist shall convey to the City one of the original drawings of the original artwork submitted as part of the Scope of Work, and the City represents that the drawing(s) will be used by it solely for exhibition and held by it in permanent safekeeping, or as otherwise required by state records retention schedules. At the request of the City, the Artist will loan the City studies, drawings, and maquettes of any original artwork for use in display exhibits for reasonable time periods to be mutually agreed upon by the Artist and City, and the Artist agrees not to unreasonably withhold Artist's consent. The City shall ensure that all studies, drawings, or maquettes of original artwork contain a credit to the Artist and a copyright notice substantially in the following form: "Copyright, Artist's name, all rights reserved, date," in such a manner and location as shall comply with the U.S. Copyright Laws. D. Intellectual Property. If for any reason the proposed design is not implemented, all rights to the proposed Artist's original artwork shall be recognized as the Artist's intellectual property and protected from infringement in accordance with Federal Law. E. Artist's Address. The Artist shall notify the City of changes in address. The failure to do so,if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce this Section XIII of this Agreement. Notwithstanding this provision, the City shall make a reasonable effort to locate the Artist when matters arise relating to the Artist's rights. F. Surviving Covenants. The covenants and obligations set forth in this Section XIII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, and all their successors in interest, and the City's covenants do attach and run with the Artist's original artwork and shall be binding to and until twenty (20) years after the death of the Artist. In the event of the Artist's death, the City shall pay any outstanding amounts to the Artist at the time of death to the Artist's estate. XIV. MAINTENANCE,REMOVAL,AND DESTRUCTION OF THE WORK. A. Maintenance, Repair, and Restoration. The City will be responsible for the routine inspection and maintenance of the artwork. The City shall determine when and if repairs and restorations to the artwork will be made. It is the policy of the City to consult with Artist regarding repairs and restorations undertaken, when practicable. If the City wishes to have Artist personally undertake or supervise repairs, City agrees to pay Artist a reasonable fee for such supervision to be negotiated at the time. If the City makes repairs or restoration not approved by Artist,Artist shall have the right,at Artist's sole option,to have Artist's association with the artwork severed. All repairs and restorations, no matter who performs them, shall be made in accordance with professionally recognized principles of conservation. B. Removal After Termination of Agreement. While the artwork is meant to be permanent in nature, the City may elect to remove the artwork at any time following termination of this agreement. Any discretionary removal shall comply with the City Art Plan policy. The City shall make a good faith effort to notify Artist prior to removal or destruction. C. Removal Due to Change in Law. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to be in conflict with such codes, laws or regulations, the City may authorize the removal,relocation, or destruction of the Artwork without the Artist's permission. In the alternative,the City may commission the Artist by a separate agreement to make any necessary changes to the Artwork to render it in compliance with such codes, laws or regulations. The City shall make a good faith effort to notify Artist prior to removal or destruction. D. Urgent Removal. If the City reasonably determines that the Artwork presents imminent harm or hazard to the public, other than as a result of the City's failure to maintain the Artwork as required under this Agreement, the City may authorize the removal or destruction of the Artwork without the prior approval of the Artist. The City shall make a good faith effort to notify Artist prior to removal or destruction. E. Limited VARA Waiver. The parties agree that the artwork may be considered a "work of visual art" subject to the provisions of the federal Artists Rights Act of 1990, 17 U.S.C. §106A. As to the City and its agents and employees, the Artist agrees to waive its rights pursuant to 17 U.S.C. §106A(a)(3) to prevent any distortion, mutilation, modification or destruction of the artwork. This waiver shall be limited to maintenance or repairs, removal due to change in law, removal due to imminent harm or hazard to the public, or removal due to termination, as defined in this Agreement. This waiver does not extend to the rights of attribution conferred by 17.U.S.C. §106A(a)(1) or §106A(a)(2). The Artist shall execute the waiver in Exhibit B as a condition of this Agreement. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, matters that cannot be resolved promptly between the Artist and City's Project Manager shall be referred to the City Department Head for further consideration and, if there is no mutually agreeable resolution, the matters shall be subject to non-binding mediation with a mutually-agreed mediator or mediation service provider. If the dispute is not resolved through mediation, the exclusive means of resolving that dispute, difference or claim, shall be exclusively subject to the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to further alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit,in addition to any other recovery or award provided by law;provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement." D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Artist. G. Entire Agreement. The written provisions and terms of this Agreement,together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. ARTIST: CITY OF KENT: Elizabeth Conner By: By: � _ ---- --- Print Name: Elizabeth Conner Print Name: Dana Ralph Its Artist Its Mayor DATE: 12/15/2023 DATE: 12/28/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Elizabeth Conner Ronda Billerbeck, Cultural Programs Manager Conner Studios LLC City of Kent Parks, Recreation and 20419 81St Avenue SW Community Services Department Vashon, WA 98070-6263 220 Fourth Avenue South Kent, WA 98032 (206) 310-0251 connerstudio(cr�,comcast.net (253) 856-5055 (telephone) rbillerbeckkkentwa.gov ATTEST: APPROVED AS TO FORM: City Cleric PKenqtffw Department DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally-assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Eliz6l b6 h Connev By: For: Conner Studio, LLC Artist Title: Date: 12/15/2023 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EXHIBIT A SCOPE OF WORK Scope of Work: Garrison Creek Artwork—Elizabeth Conner(Artist), Conner Studio, LLC PHASE 1. Design • Task 1 —Scope of Work o Submit to COK: DRAFT Scope of Work; revise as needed. o Meet in person with City of Kent staff to determine roles and responsibilities, lines of communication, etc. Share images of past work and discuss interest in Project. o Meet with Project Design Team and City of Kent staff to determine roles and responsibilities, lines of communication, scope and schedule, etc. Share images of past work and discuss interest in Project. o Submit proof of insurance. • Task 2—Concept/Preliminary Design o Submit to COK: DRAFT Work Plan and Schedule; revised as needed. o Contribute to updated Draft Artist Public Engagement section of the existing Garrison Creek Park Public Engagement Plan, in collaboration with City of Kent staff. o Research Project progress to date, public interest, neighborhood context and history. o Participate in site walks with Project Design Team, COK staff, and community members. o As a member of the Project Design Team, collaborate directly, in person and via electronic communication, with Berger Partnership and other Design Team members, to develop concepts that maximize public benefit of integration of art, landscape architecture, infrastructure, and other project elements, and to ensure that project goals are achieved collaboratively. o Participate in public engagement activities, events and online outreach as determined in updated Public Engagement Plan. o Present illustrated Concept/Preliminary Design to COK staff, community-based organizations,Arts Commission and Council, if needed. • Task 3 —Design Development o Continue to participate in working meetings with Project Design Team. o Develop visuals and other contributions to support Design Development. o Continue participation in public engagement activities, as determined by Public Engagement Plan. o Provide illustrated update/presentation for Arts Commission. • Task 4—Final Design and Construction Documents o Develop visuals and other contributions to support Final Design, and Project Construction Documents drawings, notes, and specifications. o Identify Fabricator(s) if needed/required. o Participate, with Design Team and COK staff, in community updates and other continuing activities. o Present Final Design, Budget and Schedule to COK staff, community-based organizations,Arts Commission and Council, if needed. PHASE 2: Construction/Bid Documents input/Artwork Fabrication and Installation Participation and Oversight/Continuing Public Engagement/Involvement as needed and appropriate. Upon approval of documents submitted in Phase 1, and the City's issuance to Artist of its Notice to Proceed with Phase 2: • Task 1 —Construction Documents and Fabrication start, in collaboration with Project Design Team o Revise and submit Budget, Schedule, and Work Plan, to include coordination of fabrication/installation details, roles, and lines of communication during Phase 2. o Attend Project Bid and Pre-Construction meetings. o Participate in Project Design Team meetings. o Communicate Updates to COK and Project Design Team. o Provide additional input into project Construction Documents produced by Design Team,to include: ■ Drawings ■ Notes ■ Specifications ■ Updates and changes as required. ■ Project team meetings and review of Construction Documents. • Task 2—Construction and Fabrication oversight, in collaboration with Project Design Team(50% Artwork completion) o Collaborate with Fabricators, as needed. o Attend Project Pre-Construction meetings and Construction meetings. o Participate in Project Design Team meetings. o Communicate updates to COK and Project Design Team. o Provide input on requests for information from Contractor. o Meet on-site for reviews of work in progress. • Task 3 —Construction and Fabrication oversight/participation, in collaboration with Project Design Team(90%Artwork completion) o Continue collaboration with Fabricator, as needed. o Participate in Project Design Team and Project Construction meetings. o Communicate updates to COK and Project Design Team. o Provide input on requests for information from Contractor. o Meet on-site for reviews of work in progress, and oversight of Artwork installation, in collaboration with Project Design Team. o Participate directly in Artwork Installation(if appropriate) on-site, in collaboration with Fabricator, Contractor and Project Design Team. • Task 4 - 100%Artwork completion, completion of Phase 2, City's Final Approval and Project Dedication. o Submit to COK: ■ Documentation of project/Artwork, in format required by COK. ■ Language for identification plaque,publications, website,required credits, etc. ■ Maintenance recommendations for Artwork elements included in Project. o Participate in Project Dedication. EXHIBIT B LIMITED VARA WAIVER Visual Artists Rights Act of 1990 Waiver Elizabeth Conner I, , have prepared designs for the following artwork: (specifically identify the work): Artwork elements at Garrison Creek Park Renovation The above-described work may be considered to be a"work of visual art" subject to the provisions of the federal Visual Artists Rights Act of 1990, specifically the rights of certain authors to attribution and integrity, as codified at 17 U.S.C. §106A(a). I am an author of the work(s) described herein, and am authorized to waive the rights conferred by §I06A(a), in accordance with the waiver provision of 17 U.S.C. §106A(e)(1). As author of the above-described work, I hereby waive my rights as to the City and its agents and employees pursuant to 17 U.S.C. §106A(a)(3) to prevent any distortion, mutilation, modification or destruction of that work. The Artist reserves her VARA rights as to third parties who would damage or destroy the artwork. This waiver shall be limited to maintenance or repairs, removal due to change in law, removal due to imminent harm or hazard to the public, and removal following the Installation Period, as defined in the Art Program Agreement executed of even date herewith. The City shall make a good faith effort to notify the author of the above-described work prior to any distortion, mutilation, modification or destruction of the work. This waiver does not extend to the rights of attribution conferred by 17.U.S.C. §106A(a)(1) or §106A(a)(2). ARTIST: By: (signature) Elizab&h Connor Print Name: Elizabeth Conner Its Artist (title) DATE: 12/15/23 Exhibit C Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. a/. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver or mail written notice of cancellation to the named insured at least thirty (30) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation thirty (30) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 11/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Liberty Mutual Insurance HONE No Ext: 800-962-7132 FAX No): 800-845-3666 PO BOX 188065 E-MAIL i S i usnesservce Libe ADDRESS: B C rtYMutual.com INSURER(S)AFFORDING COVERAGE NAIC# Fairfield OH 45018 INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B: CONNER STUDIO LLC ELIZABETH CONNER INSURERC: 20419 81 st Ave Sw INSURER D: INSURER E: Vashon WA 98070 INSURERF: COVERAGES CERTIFICATE NUMBER: 0020765491 REVISION NUMBER: 2016-03 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRPOLICY LTR POLICY NUMBER MM DDIYYYY MMDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE L�jOCCUR P Fvrl REM DAMAGE (E.oNcur ante $ 1,000,000 MED EXP(Any one person) $ 15,000 A X X BKS54899418 10/10/2023 10/10/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 JC POLICYEl PRO ❑JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER OF ICER//M EMBER EXC UDED?ECUTIVE I N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Garrison Creek Park Renovation Public Art(Kent,WA) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Parks&Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ronda Billerbeck ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE Curtis Luken ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 8.G • 40 000 KENT W AS M 1 14 G T ON DATE: March 7, 2023 TO: Kent City Council SUBJECT: 2023-2027 City Art Plan - Adopt MOTION: I move to adopt the 2022-2027 City Art Plan. SUMMARY: As required by Ordinance 2552 and Chapter 4.04 of the Kent City Code, the Kent Arts Commission has approved an annual plan outlining expenditures of the $2 per capita City Art fund to be approved by City Council. BUDGET IMPACT: NONE SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2023-2027 City Art Plan (PDF) 03/02/23 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/7/2023 7:00 PM MOVER: Zandria Michaud, Chair SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Toni Troutner Packet Pg. 96 8.G.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission c M IL t: a N O N M N 2023 CITY ART PLAN N FIVE YEAR CITY ART PLAN, 2023 - 2027 ti M Kent City Code 4.04 a Q t) ti N O N M N O N C E s �a r a Approved: Visual Arts Committee 1/25/2023 Kent Arts Commission 2/8/2023 City Council Parks Committee: City Council Packet Pg. 97 8.G.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2023 CITY ART PLAN (Budget for 19026223.4310) Account Balance as of 1/1/2023 $597,134 Does not include 2023 per capita funding which transfers to the project account at the end of the year (estimated to be approximately$120,000 after administrative expenses.) 2023 Projects Cost Downtown Rotating Mural Project $35,000 a Willis Rotating Sculptures $35,000 V a Digital Art Project/Kent-Kherson $25,000 Portable Collection Purchases $15,000 v Kent Valley Loop Trail $60,000 N 0 Garrison Creek Renovation $120,000 N M Maintenance and Programming $37,526 c Opportunity fund/Savings for Future Projects $269,608 N ti TOTAL: $597,134 .�M.. c �a a Q U ti N 0 N 2023 estimated population 138,335 x $2/ca ita $276,770 N 2023 Salary and Administration (supplies, $164,070 N professional services, routine maintenance/repair) as E Anticipated transfer to project account at close of $112,700 2023: r a 2 Packet Pg. 98 8.G.a KENT ARTS COMMISSION 2023 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Downtown Rotating Mural Project Project Description: In 2021, the Kent Downtown Partnership approached the Kent Arts Commission about placing murals on two buildings downtown, providing an opportunity to implement a rotating, temporary mural program with murals that remain in place for a two-year cycle. Murals are constructed with panels mounted on building walls. Artwork is transferred to vinyl wraps and applied to the panels. Estimated Costs: $35,000 (This amount includes funding for the two existing sites.) Funding Source: 2023 City Art Plan: $52,000 c �o Partner: Kent Downtown Partnership (property owner liaison) a a Background: Benefits of the temporary rotating mural program include: Adding interest/energy to downtown Kent (updated every two years); aesthetically improving the walls; partnering with Kent Downtown Partnership; high visibility; potential for expansion; creation of N opportunities for local, emerging and/or artists of color; vinyl-wrapped panels provide vibrant M color, are easy to clean in the case of graffiti, and allow artists with limited large-scale N experience to enter the public art realm. ti Locations: The project was started in 2021 with two locations: 1) East-facing wall on Harrison Street, overlooking Air Ways Brewery parking lot. (14' x 20") 2) East-facing wall of building adjacent to the vacant lot at 2"d Avenue and Meeker Street. (12' x 40'). a a Project Title: Art Project - 41h Avenue and Willis Greenways Rotating Sculpture Program U ti N Project Description: The Parks Department has constructed greenways to the north and south of N Willis St. at the 4th Ave. and Willis St. roundabout. These areas provide welcoming gateways and c increase connectivity through streetscape amenities, trees and vegetated buffers, lighting, N promenades and walkways, and artwork. The Arts Commission will implement a rotating sculpture program in which sculptures will remain in place for a two-to-three-year cycle using E two structural footing pads already installed as part of the construction. r Estimated Costs: $35,000 (including artist fees, potential purchase awards, a and a contracted project manager/curator) Funding Source: 2023 City Art Plan: $0 2022 City Art Plan: $35,000 (approved in 2022 and carried over) City Partner: Parks Planning and Development Background: The Kent Downtown Reactivation & Access Project is a multi-phased project coordinated between the Public Works and Parks Departments. Benefits of the sculpture program include: Adding interest/energy to the site (updated on a regular cycle); high visibility; potential for expansion; opportunity to create a permanent sculpture gallery through purchase awards. 3 Packet Pg. 99 8.G.a Location: 4th Avenue and Willis north and south Greenways Project Title: Art Project - Kent-Kherson Park/Digital Artwork Project Description: Parks Planning and Development is close to completing construction on a newly renovated, space-themed park at 307 West Gowe Street (Kent-Kherson Park). The park design includes a Lunar Rover replica, a life-sized astronaut, and a large screen with projection capabilities. The Arts Commission will provide artistic content for the projection component by commissioning new artwork from digital/video specific artists. Estimated Costs: $25,000 (including artist fees and a contracted project manager/curator) c �o Funding Source: 2023 City Art Plan: $0 a 2022 City Art Plan: $25,000 (approved in 2022 and a carried over) City Partner: Parks Planning and Development c N Background: The newly renovated park aims to celebrate our region's legacy of aero and outer o space innovation by memorializing its role in space exploration. We believe this is an excellent opportunity to spotlight the creativity of Kent residents and digital artists. ti M Location: Kent-Kherson Park, 307 West Gowe Street a Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City N facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of o applicants to Summer Art Exhibit and allows for more strategic purchases. N c Estimated Costs: $15,000 E s �a Funding Source: 2023 City Art Plan: $15,000 a City Partner: Facilities Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities 4 Packet Pg. 100 8.G.a Project Title: Capital Project Artwork(s) - Kent Valley Loop Trail (KVLT) Project Description: The Parks Department has long-term plans to create a Kent Valley Loop Trail system. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. In collaboration with Parks Planning and Development staff, the Kent Arts Commission has identified an opportunity to site artwork through this trail system. Possible projects include murals on industrial buildings along the Interurban Trail, or sculptures along the Green River Trail. This project ties directly to the plan to establish a 41h Avenue and Willis Greenways Rotating Sculpture Program. Potential purchases from the rotating sculpture program could populate a permanent sculpture gallery along the Green River Trail. Estimated Costs: $60,000 Funding Source: 2023 City Art Plan: $0 2021 City Art Plan: $60,000 (approved in 2021 and a carried over) a City Partner(s): Parks Planning and Development, Economic and 5 Community Development N 0 N Background: The vision for the KVLT is to enhance recreation opportunities at Kent's river-front N parks and along the Green River Trail that connects them. Parks Planning and Development N contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a ti competitive selection process, the Arts Commission selected Ellen Sollod to serve as the artist M representative on the planning team and to create an art plan for the KVLT. Location: Kent Valley Loop Trail/parks along Green River a r v ti N Project Title: Capital Project Artwork(s) - Garrison Creek Park Renovation N M N Project Description: The Parks Department plans to renovate and update existing park facilities N to create more recreation opportunities at Garrison Creek Park. The project will focus on upgrading the surface and facilities located on the existing cistern lid, including new court E surfaces for pickleball, basketball, and tennis alongside playground features. The project will also a update the walking loop, increase parking, and renovate the plaza. Bidding is anticipated at the a end of 2023, with construction starting in 2024. Parks Planning and Development staff and Arts Commission staff hope to bring a Public Artist on board as part of the early design process. Estimated Costs: $120,000 Funding Source: 2023 City Art Plan: $120,000 City Partner Us : Parks Planning and Development Background: Public art has long been part of the amenities at Garrison Creek Park. Artist Elizabeth Conner created "Underground Secrets," a variety of art pieces installed at the park in 1999. This integrated artwork leads visitors through the space, while also revealing the presence of the underground reservoir in whimsical ways using recycled pipes, valves, and water-related 5 Packet Pg. 101 8.G.a mechanisms. The Arts Commission plans to retire and replace the nearly 25-year old artwork, which now requires more frequent maintenance. Location: Garrison Creek Park, 9615 S. 218t" Street Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Projects in 2023 may include assessment and decommission of Daily Migration train corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects. Estimated Costs: $37,526 c �o Funding Source: 2023 City Art Plan: $0 a 2022 City Art Plan: $37,526 (approved in 2022 and a carried over) Background: This fund may be used for maintaining and providing programming for existing N 00 artworks. N co N O N 11y ti Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) and savings for future projects a Project Description: Identify and implement art project(s) to address City and community goals. a This funding allows the Arts Commission to incorporate significant artwork into capital projects, r acquire artwork for specific locations or needs, and contribute artwork to implementation of the City of Kent Economic Development Plan. Possibilities include projects in partnership with Economic Development and/or the Kent Downtown Partnership and acquiring artwork to M strategically build the City's collection. This fund also allows the Arts Commission to set funding N aside for upcoming capital projects such as the Springwood Park Renovation, Mill Creek Canyon trails, and the new East Hill North Park. a E s Estimated Costs: $269,608 a r a Funding Source: 2023 City Art Plan: $29,227 2022 City Art Plan: $240,381 (approved in 2022 and carried over) City Partner: Economic Development, Parks Planning and Development Background: Kent Arts Commission staff regularly engages in discussions with Economic Development staff, Parks Planning and Development staff, and the Kent Downtown Partnership about ways to partner and use art to achieve community goals. Location(s): TBD 6 Packet Pg. 102 8.G.a KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2023 - 2027 2023 PROJECTS COSTS Account balance: $597,134 Projects Art Project: Downtown Rotating Mural Project 35,000 Art Project: 4th Ave. &Willis St. Rotating Sculpture Program 35,000 Portable Collection Purchases 15,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Art Project: Kent Valley Loop Trail 60,000 Capital Art Project: Garrison Creek Renovation 120,000 Opportunity Fund/Future Projects 269,608 Collection maintenance and programming 37,526 Total $597,134 2024 PROJECTS COSTS Estimated account balance: (assuming $277K for per cap, $165K admin) $381,608 Projects -- Capital Art Project: Springwood Park Renovation 80,000 Art Project: Traffic Signal Control Box Wraps 35,000 a Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 15,000 Opportunity Fund/Future Projects 201,608 V Collection maintenance and programming 25,000 n Total $381,608 c N 2025 PROJECTS COSTS N Estimated account balance: (assuming $277K per cap, $165K admin) $313,608 N Projects Art Project: 4th Ave. &Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Capital Project artwork(s): East Hill North Park 100,000 Portable Collection Purchases 15,000 a Opportunity Fund/Future Projects 68,300 Q Collection maintenance and programming 30,308 r Total $313,608 v ti 2026 PROJECTS COSTS N Estimated account balance: (assuming $277K per cap, $170K admin) $175,300 M Projects o Capital Art Project: Mill Creek Canyon Trails 70,000 N Art Project: Traffic Signal Control Box Wraps 35,000 Art Project: Kent-Kherson Park/Digital Artwork 25,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 25,000 as Collection maintenance and programming 10,300 Q Total $175,300 2027 PROJECTS COSTS Estimated account balance: (assuming $277K per cap, $170 admin) 132,000 Projects Art Project: 4th Ave. &Willis St. Rotating Sculpture Program 35,000 Art Project: Downtown Rotating Mural Project 40,000 Portable Collection Purchases 10,000 Opportunity Fund/Future Projects 37,000 Collection maintenance and programming 10,000 Total $132,000 7 Packet Pg. 103 Signature: Lon I*aan Signature: Plkd�w H"ffli Lori Hogan(Dec t5,202311:57 PST) Phung Huyn (Dec 15, 02313:01 PST) Email: Ihogan@kentwa.gov Email: parkscontracts@kentwa.gov Signature: Juli arascondola(Dec 16,20231249 PST) Email: jparascondola@kentwa.gov REC-1 2142023-Con nerStud io-Garrison CreekPu blicArt Final Audit Report 2023-12-16 Created: 2023-12-15 By: Ronda D Billerbeck(rbillerbeck@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA2Xymj2PN-mIRCDOptsLUQVjmKeupgyoo "REC-12142023-ConnerStudio-GarrisonCreekPublicArt" History Document created by Ronda D Billerbeck(rbillerbeck@kentwa.gov) 2023-12-15-6:43:53 PM GMT-IP address: 146.129.252.126 Document emailed to Ihogan@kentwa.gov for signature 2023-12-15-6:49:56 PM GMT Email viewed by Ihogan@kentwa.gov 2023-12-15-7:55:47 PM GMT-IP address: 104.47.65.254 a Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2023-12-15-7:57:22 PM GMT-IP address: 146.129.252.126 o- Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2023-12-15-7:57:24 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to parkscontracts@kentwa.gov for signature 2023-12-15-7:57:26 PM GMT R`s Email viewed by parkscontracts@kentwa.gov 2023-12-15-8:57:04 PM GMT-IP address: 104.47.64.254 Signer parkscontracts@kentwa.gov entered name at signing as Phung Huynh 2023-12-15-9:01:37 PM GMT-IP address: 146.129.252.126 a Document e-signed by Phung Huynh (parkscontracts@kentwa.gov) Signature Date:2023-12-15-9:01:39 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Elizabeth Conner(connerstudio@comcast.net)for signature 2023-12-15-9:01:41 PM GMT Powered by � Adobe T Acrobat Sign Email viewed by Elizabeth Conner(connerstudio@comcast.net) 2023-12-16-2:27:25 AM GMT-IP address:73.42.155.97 Document e-signed by Elizabeth Conner(connerstudio@comcast.net) Signature Date:2023-12-16-3:14:18 AM GMT-Time Source:server-IP address:73.42.155.97 Document emailed to Julie Parascondola (jparascondola@kentwa.gov)for signature 2023-12-16-3:14:21 AM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2023-12-16-8:49:19 PM GMT-IP address:76.22.106.188 Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2023-12-16-8:49:43 PM GMT-Time Source:server-IP address:76.22.106.188 Agreement completed. 2023-12-16-8:49:43 PM GMT Powered by � Adobe T Acrobat Sign