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HomeMy WebLinkAboutCAG2024-273 - Original - Vaughn Bell - East hill North Community Park: Public Art Design - 06/04/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: L/f LH Agreement Routing Form Dir. Assist:Z/— KP • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover W ASH IN GTON Sheet forms. DIr/Dep Dlr. Originator: Department: Ronda Billerbeck Parks, Recreation & Community Services Date Sent: Date Required: > 05/31/2024 ASAP 0 Q Authorized to Sign: Date of Council Approval: QWIDirector or Designee 03/19/2024 Budqet Account Number: Grant? Yes©No 19026223.64190.4310 Budget?W]YesD No Type: N/A Vendor Name: Category: Vaughn Bell Contract Vendor Number: Sub-Category: c 2555083 Original 0 East Hill North Community Park - Public Art Design Project Name: y g E Project Details:Work as a member of the East Hill North design team to design artwork for 0 East Hill North Community Park in accordance with the Scope of Work, *, attached and incorporated as Exhibit A. c g $15,000.00 Other Agreement Amount: Basis for Selection of Contractor: *Memo to Mayor must be attached Start Date: 06/01/2024 Termination Date: 12/31/2025 Q Local Business 10 Yes W1No* If meets requirements per KCC3.70.100,pleosecomplete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification:YesEZI In-Process ElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F—]YeswINo CAG2024-273 Comments: 3 GJ y •� i GJ 3 M C N Date Routed to the City Clerk's Office: 6/6/24 ad,V�7i__C Visit Documents.KentWA.govto obtain copies of all agreements rev.20210513 ARTISTIC SERVICES AGREEMENT between the City of Kent and Vaughn Bell THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation(hereinafter the "City"), and Vaughn Bell, located and doing business at 6586 High Point Drive SW, Seattle, WA 98126, 206- 661-7251 (hereinafter the "Artist"). AGREEMENT I. DESCRIPTION OF WORK. Artist shall perform the following services to design artwork for the City in accordance with the following described plans and/or specifications: Work as a member of the East Hill North design team to design artwork for East Hill North Community Park in accordance with the Scope of Work, attached and incorporated as Exhibit A and as described in the Call to Artists, attached as Exhibit D. 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 Exhibit A by December 31, 2025. III. COMPENSATION. The maximum amount to be paid under this Agreement for the work described in Section I above is $15,000.00 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 described in Payment Terms and Schedule, attached as Exhibit C. The Artist shall submit payment invoices to the City for work performed in accordance with the attached 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. After termination, 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. 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. VIL 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. 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 B 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. 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 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 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. 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. 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 E 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. 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, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an 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: Y6tGWAK,Beff, By:Vaughn 6 (May 31,202411:11 PDT) By: Jul' arascondola(Jun 4,202415:25 PDT) Print Name: P Vaughn Bell Print Name: Julie Parascondola Artist-Owner Vaughn Bell Studio LLC Its Its Director DATE: 5/31/24 DATE: 6/4/24 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Vaughn Bell Ronda Billerbeck, Cultural Programs Manager 6586 High Point Drive SW City of Kent Parks, Recreation and Seattle, WA 98126 Community Services Department 220 Fourth Avenue South (206) 661-7251 (telephone) Kent, WA 98032 vauahnAvaughnbell.net (email) (253) 856-5055 (telephone) rbillerbeck@kentwa.gov (email) ATTEST: kwA City Clerk 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. LA,c, &tu 6&ff Vaughn (May 31,202411:11 PDT) By. For: Vaughn Bell Studio LLC Title: Artist-Owner Vaughn Bell Studio LLC Date: 5/31/2024 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 Concept Design and Construction Document Phase SCOPE OF WORK, DESIGN PHASE This is a collaborative project for a site-integrated project, as defined in Exhibit D (Call for Artists), attached. A. Design and Planning Services The ARTIST will participate on the design team to identify opportunities for art and create artwork(s) at East Hill North Community Park. ARTIST will work with Site Workshop consultants, city of Kent Planning and Development staff, the Kent Arts Commission, and other community and city representatives during the design phase of the East Hill North Community Park project, under the general direction of the City of Kent Cultural Programs division. The design phase is anticipated to completed by December 31, 2025 with intermediate deadlines as indicated below. The budget for fabrication and installation is $85,000 (all inclusive). Contingent upon approval of the final concept design proposal, the CITY will contract with the ARTIST for subsequent phases of work. B. Consultation Under direction of CITY staff, the ARTIST will consult as necessary with CITY staff, project managers, and design team consultants in order to complete the Scope of Work specified in this Agreement. The ARTWORK must conform to safety, material, and code standards. The ARTIST may be required to hire consultants to ensure that these standards met. The ARTIST may also be responsible for hiring, and paying fees associated with, consultants for any extraordinary engineering, lighting, or technical requirements resulting from the proposed ARTWORK design. In the event that the proposed ARTWORK does not conform to safety, material and code standards, the ARTIST may be required to make the necessary changes at the ARTIST's own expense. C. Community Involvement In addition to design meetings (consultation, above), the ARTIST may be asked to attend meetings with community representatives/user groups designated by the CITY during the creation of the design proposal and to identify a site(s) for the ARTWORK(s) if applicable. D. Concept Design Proposal The ARTIST will develop a concept design proposal for the project to be submitted to the CITY and presented to the Kent Arts Commission. 1. Preliminary Design: The artist will present, for initial feedback, a preliminary design to the CITY, Kent Arts Commission, and others as applicable. Once CITY staff determines the proposal is sufficiently developed, the CITY will schedule a Kent Arts Commission (KAC) review. 2. Proposal Presentation to Kent Arts Commission: The ARTIST shall present the concept design proposal to the KAC as a deliverable in the form of an illustrated presentation and report and shall address the ARTIST's preliminary design ideas for the project (see below for presentation requirements). The concept design proposal shall include all aspects of the ARTIST's proposal, including artwork, integrated art and any other elements developed by the ARTIST. The concept design proposal will describe the artwork size, scale, form, materials, and function, if applicable. The ARTIST shall investigate and confirm feasibility of the concept. The ARTIST will develop a budget for the artwork as well as for any engineering and related costs. Proposal Decision The KAC will approve the concept, approve the concept conditioned upon changes, or reject the concept. 3. Final Concept Design Proposal: Upon recommendation for approval by the KAC of the concept design proposal, the ARTIST shall submit a finalized concept design proposal for the project to the CITY. The final concept design proposal will include any modifications, if required, based on input from the KAC and will be a deliverable in the form of an illustrated report and shall include the designation of architectural and/or integrated elements of the project design to be addressed by the ARTIST, ideas for design treatment and materials to be used, specifications, the designation of sites and a complete budget and schedule (see below). The KAC may request additional review of final concept design or subsequent design phases, if applicable. The CITY will then make a recommendation to accept, accept with changes or reject the concept proposal. 4. Final Design Development Proposal and Construction Documents: Upon approval by the CITY of the final concept proposal, the ARTIST shall submit a design development proposal and construction documents for the project to the CITY. The final design development proposal and construction documents will include detailed ARTWORK specifications for the proposed ARTWORK based on input from the CITY, KAC, design team liaisons, and the ARTIST's subconsultants. E. Additional Presentations The ARTIST shall be required to present the concept design proposal for the artwork to the KAC. The ARTIST may be required to present artwork proposals either individually or jointly with the design team at user group/stakeholder, community, City Council, and other public meetings as necessary. F. Concept Design Proposal Materials 1. Preliminary Design: The concept design proposal deliverables will include a digital copy of the proposal. The digital proposal will illustrate the project and will include (but not limited to): Site plan showing locations of artwork Scale drawings of the concept or component thereof The artwork concept shown in the context of the site 2. Concept Proposal: Upon completion of preliminary design and approval from the CITY, the ARTIST will submit a concept proposal to the CITY and the KAC for review. The proposal shall include ARTWORK and integrated design elements. The concept design proposal deliverables will include: a. A digital copy of the proposal. The digital proposal will illustrate the project and will include (but not limited to): Site plan showing locations of artwork Scale drawings of the concept or component thereof The artwork concept shown in the context of the site Designation of any elements to be incorporated into construction documents Material/color samples (optional) b. A separate written document in 8 1/2" x 11" format that includes but is not limited to: A narrative description and summary of the preliminary concept proposal for the ARTWORK for the project, including integrated design elements, and addressing how this artwork meets the expectations of the scope of work. 0 A detailed budget, not to exceed $85,000 for the proposed ARTWORK. This amount is all inclusive and shall include line items for materials, labor, consultants' costs (if applicable), travel, sales/use tax, contingency and liability insurance. A reference image of the concept. This written information may be included in the digital presentation; however, for the presentation to the KAC, the ARTIST shall provide 15copies of the narrative description, budget and any other brief written supporting proposal document. The ARTIST is not required to print the entire digital presentation. The ARTIST shall submit a copy of the digital presentation of the concept proposal and a copy of the written supporting material to the CITY a minimum of one week (or another mutually agreed to date) prior to the review by KAC. The remaining copies of written supporting material may be distributed at the KAC presentation. 3. Final Design: Upon recommendation for approval by the KAC of the concept proposal, the ARTIST will submit a final design proposal for the project to the CITY for review. The final design proposal submission will include: a. Written Proposal One copy of a written proposal in 8 1/2" x 11" format, and one electronic copy • A written description and summary of a final design proposal for the ARTWORK for the project • Designation and any elements to be integrated into the project construction documents and confirmation that those elements have been included in the project documents. • Detailed maintenance requirements • A detailed budget, not to exceed $85,000 for the proposed ARTWORK. This amount is all inclusive and shall include line items for materials, labor, consultants' costs (if applicable), travel, sales/use tax, contingency and liability insurance. If applicable, indicate any design elements to be paid for and constructed by City of Kent as part of the project. • A schedule for development, fabrication, completion, and installation of the proposed artwork. If KAC review is required, the ARTIST shall submit a copy of the digital presentation of the concept proposal and a copy of the written supporting material to the CITY a minimum of one week (or another mutually agreed to date) prior to the review by KAC. The remaining copies of written supporting material may be distributed at the KAC presentation. The requirements for the Final Concept Design presentation will be the same as those for the Concept Design Presentation with updated and revised information. G. Construction Documents If the ARTIST's final design is accepted by the CITY and can be created within the project budget of $85,000, the ARTIST will be asked to proceed with design development and construction documents for the fabrication and installation of the ARTWORK. The ARTIST'S Construction Document phase submission will include, but is not limited to the following: 1. Complete drawings for the fabrication and installation of the ARTWORK, showing all materials, dimensions, quantities, locations. 2. Complete specifications for the ARTWORK. 3. Complete construction documents showing the integration of the ARTWORK 4. Engineering documents or other related consultant documents as required. 5. Documentation that Site Workshop/design team staff and other design consultants as required have seen the construction documents. 6. Complete budget, including those aspects of the ARTWORK to be paid for by construction dollars. 7. Schedule 8. Material samples H. Fabrication Contract If the ARTIST'S submittal at the end of Construction Documents is accepted by the CITY and can be created within the project budget, the ARTIST and the CITY agree to negotiate a contract for the fabrication and installation of the ARTWORK. The ARTIST will be required to be covered by commercial general liability insurance. I. Acknowledgment The ARTIST shall acknowledge the CITY's role in funding the design of the artwork in all public presentations and written, printed or electronic publication of information regarding the artwork. J. Tasks, Deliverables and Work Schedule for ARTIST's Concept Design All work shall be performed, and deliverables provided according to the following schedule. By mutual agreement, dates may be changed due to changes in the PROJECT schedule. 1. Deliverable #1 Tasks below to be completed within 2-3 weeks from contract signing: 0 Deliver to, for acceptance by CITY Cultural Programs Manager proof of insurance, work plan and schedule. 2. Deliverable #2 — Preliminary Design work Tasks below to be completed within 8-12 weeks from contract signing (aligned with 50% construction documents): Research Project progress to date, public interest, neighborhood context and history. Meet and coordinate with CITY and its consultants, designated community and stakeholder representatives as necessary. 0 Participate in site walks with Project Design Team, COK staff, and community members. As a member of the project design team, collaborate directly, in person and via electronic communication, with Site Workshop 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. Participate in public engagement activities, events and online outreach as determined in public engagement plan. Submit to the CITY report of work performed to date, including meetings attended, preliminary concepts, etc. Submit to the CITY illustrated concept/preliminary design. 3. Deliverable #3 — Proposal Presentation to KAC Tasks below to be completed within 20 weeks from contract signing: Meet and coordinate with Site Workshop, the CITY (Cultural Programs and Parks Planning and Development staff) and any designated community/stakeholder representatives. Submit to the CITY report of work performed to date, including meetings attended, preliminary concepts, etc. Submit to the CITY concept design proposal drawings and report which illustrate ARTWORK (Concept Design, see submission requirements above). Final report must be delivered at least one week prior to presentation to the KAC. 0 The ARTIST shall present the concept design to the KAC for recommendation for approval and acceptance by the CITY of the concept design proposal for the ARTWORK. 4. Deliverable #4 — Final Design Tasks below to be completed within 42 weeks from contract signing or at 90% construction documents deadline: Meet and coordinate with Site Workshop, CITY staff, and any designated community/stakeholder representatives to address and resolve any conditions upon approval recommendation. Submit to the CITY report of work performed to date, including meetings attended etc. Finalize materials, including documents, drawings, notes, and specifications to be included in project construction documents • Obtain and submit construction documents with ARTWORK shown incorporated therein Submit to the CITY final design proposal drawings and report which illustrate ARTWORK (Final Design, see submission requirements above). If KAC review is required, final report must be delivered at least one week prior to presentation to the KAC. If required, present the final design to KAC for recommendation for approval and acceptance by the CITY of the final concept design proposal for the ARTWORK. S. Deliverable #5 — Final Coordination Tasks below to be completed within 60 weeks from contract signing or at 100% construction documents deadline: Meet and coordinate with Site Workshop, the CITY, and any designated community/stakeholder representatives to finalize coordination of integrated elements. Meet and coordinate with Site Workshop, the CITY, and any designated community/stakeholder representatives to prepare and complete construction documents. Submit to the CITY report of work performed to date, including meetings attended etc. Submit to, for acceptance by, the CITY final construction documents that indicate inclusion of ARTWORK (see submission requirements above.) Exhibit B 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. al. 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. THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 May 31, 2024 City of Kent 220 4TH AVE S KENT WA 98032 Account Information: Ll Contact Us Policy Holder Details : VAUGHN BELL STUDIO, LLC Need Help? Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 DATE(MM/DD/YYYY) c-cr CERTIFICATE OF LIABILITY INSURANCE 05/31/2024 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 be endorsed. If SUBROGATIONIS 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 QUALITY RISK MGMT SVCS INC/PHS NAME: PHONE (866)467-8730 FAX 52811529 (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Underwriters Insurance Company 30104 VAUGHN BELL STUDIO,LLC INSURERB: 6586 HIGH POINT DR SW SEATTLE WA 98126-3174 INSURER C INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence X General Liability MED EXP(Any one person) $10,000 A X 52 SBA BA7MKU 04/24/2024 04/24/2025 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X JECT ❑LOC PRODUCTS-COMP/OPAGG $4,000,000 POLICY El PRO- OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY AT ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below Employment Practices Liability Each Claim Limit $25,000 A 52 SBA BA7MKU 04/24/2024 04/24/2025 Insurance Aggregate Annual A re ate Limit $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 220 4TH AVE S BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED KENT WA 98032 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT C Payment Terms and Schedule 1. TOTAL PAYMENT TO ARTIST The maximum amount the City will pay for all ARTIST services and products provided under this Agreement, including reimbursement for authorized and documented direct expenses, alltaxes, including Washington State sales and excise taxes, local and federal taxes, shall not exceed $15,000.00 (fifteen thousand dollars). The breakdown of this payment is shown below: 2. PROCESS FOR PAYMENT OF TAXES The ARTIST is responsible for paying all City, State and Federal taxes, including Washington State sales and excise taxes, and all other taxes which are applicable to the artwork acquisition contemplated herein. Amounts and dates need to be updated Deliverables/Tasks Completion Date Payment Amount (including taxes) 1. Deliverable #1 - Proof of Approx. 2-3 weeks $5,000.00 insurance, work plan, attendance at from contract introductory meeting signing 2. Deliverables #2 and #3 - Approx. 8-20 $5,000.00 Preliminary Design, submittal of weeks from concept proposal, proposal contract signing presentation to Kent Arts Commission 3. Deliverables #4 and #5 - Final Approximately 42- $5,000.00 design proposal and final coordination 60 weeks from contract signing TOTAL PAYMENT $15,000.00 RECREATION AND CULTURAL SERVICES Lori Hogan Recreation and Cultural Services Superintendent 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5050 EXHIBIT D CALL FOR ARTISTS REQUEST FOR QUALIFICATIONS East Hill North Community Park Kent, Washington Opportunity Artists are invited to submit qualifications to the Kent Arts Commission for consideration to participate on the design team and create artwork for a new community park in the East Hill North region of the city. The artist's role will include opportunities to impart conceptual thinking to the broader park design, which may include ideas for features to be designed and constructed by others. The artist will also create and install their own work as part of the park development. Project Budget $100,000 - Inclusive of design, fabrication, installation, documentation, travel, WA sales/use tax, and all association costs. (Some or all of installation may be covered by park construction budget.) Deadline January 31, 2024, 10:59 p.m. PST Background The East Hill North Community Park site is a beautiful and unique property that provides an opportunity for community members to connect with nature without traveling far outside of the city limits. The property's long, central ridge line meadow is grounded by forest and wetlands on either side, framing views towards the Cascade foothills and Mt. Rainier. With wetland surrounding it and unincorporated King County land along the Soos Creek corridor to the east, the areas around the site will remain wild and mostly undeveloped into the future. Visitors who currently use the park often witness a variety of wildlife, which is supported by the range of habitats found across the property. The setting of meadows, forests, wetlands, and farmland gives visitors a sense of escape from the urban environment - the park is a true respite and an incredible resource just a ten-minute drive from downtown Kent. Kent's Parks Planning and Development division has developed a master plan informed by public engagement and voices of the Kent community. The artist will coordinate their work with Site Workshop Landscape Architecture, and artwork should complement the environment and views. City of Kent Parks, Recreation &Community Services Julie Parascondola, CPRP, Director Selection Process This selection process will consist of two rounds. In the first round, interested artists will apply by submitting a statement of interest, resume/qualifications, and images of past work examples. An artist selection panel comprised of art and design professionals and community representatives will review all eligible applicant materials received from this open call. The panel will select three finalists to create proposals. In the second round, the three finalists will each be paid $1,000 to attend a required orientation, prepare a proposal, and present the proposal to a final selection panel. Each finalist's proposal will include 1) A written narrative explaining the artist's intention for the work, 2) visual renderings of the proposed artwork, and 3) a budget that demonstrates allocation of the commission award. From the Round 2 presentations, one artist will be chosen to complete the project. Eligibility This call is open to both emerging and established professional, practicing Artists residing in Washington state. Kent and South King County based artists are strongly encouraged to apply. Applicants must be 18 years or older. (Applicants cannot be an employee, council member, or commissioner of the City of Kent.) Selection Criteria • Complete qualifications submitted prior to the application deadline. • The Artist's body of work reflects artistic excellent, innovation, and originality. • The Artists' work is appropriate to the goals and locations of the project. • The Artist has adequate professional experience to meet the demands of the project, including a combination of: Education and training as an Artist; an exhibition record in museums, galleries, and/or non-profit art spaces; previous public or private commissions; or other related activities indicative of a professional art practice. • Ability to meet project deadlines and to perform work in a timely and professional manner. Timeline• Application deadline: January 31, 2024 Review of submissions and selection of finalists: February Orientation/site visit: March Finalist interviews/proposal presentations: Late March Preliminary proposal presentations and selection of artist: Early April Approval of selected artist by Kent Arts Commission: Early May Installation: To Apply All Artists are required to submit their qualification in the format specified below by January 31, 2024, 10:59 p.m. (PST) Qualification materials include: 1. Statement of interest: A short narrative explaining interest in the project and general artistic approach. 2. Images: Limited to ten (10) images of previous work. 3. Annotated image list: Provide a brief description of each image, detailing the titles, date, media, and dimensions of artwork. 4. Resume: Limited to two (2) pages. Demonstrate professional history and skills, or experience as a professional working Artist. 5. Professional references: Limited to one (1) page. Provide three (3) references, including name, organization/title, phone number, and email. * Only qualifications submitted through CaFE will be reviewed. Applicants are responsible for all costs incurred in preparing or responding to this request for qualifications. All materials and documents submitted become the property of the City and will not be returned. Qualifications will not be accepted after the TBD, 10:59 p.m. (PST) deadline. For questions about the opportunity, email Ronda Billerbeck: rbillerbeck@kentwa.gov EXHIBIT E LIMITED VARA WAIVER Visual Artists Rights Act of 1990 Waiver I, Vaughn Bell , have prepared designs for the following artwork: (specifically identify the work): 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 §106A(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: Ya:Laluz Beff, (signature) Vaughn6 (May 31,202411:11 PDT) Print Name: Vaughn Bell Its (title) Artist-Owner Vaughn Bell Studio LLC DATE: 5/31/24 Signature: Lori ogan I*Aaza 10:58 PDT) Signature: Kent Park�y3l,zo Email: Ihogan@kentwa.gov Email: parkscontracts@kentwa.gov Signature: M01%SS�MGCOI"MiGK Melissa McCormick(Jun 6,202409:15 PDT) Email: cityclerk@kentwa.gov RCU LT-053124-Vaughn Bel l-EastHillNorth Final Audit Report 2024-06-06 Created: 2024-05-31 By: Ronda D Billerbeck(rbillerbeck@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAU7sre5gVBvkvpXp2m7bBXX4tTolYjc15 "RCULT-053124-Vaughn Bel l-EastHiIINorth" History Document created by Ronda D Billerbeck(rbillerbeck@kentwa.gov) 2024-05-31 -5:30:11 PM GMT Document emailed to Ihogan@kentwa.gov for signature 2024-05-31 -5:39:04 PM GMT ` Email viewed by Ihogan@kentwa.gov 2024-05-31 -5:57:56 PM GMT c:5o Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2024-05-31 -5:58:37 PM GMT c:5o Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2024-05-31 -5:58:39 PM GMT-Time Source:server Document emailed to vaughn@vaughnbell.net for signature 2024-05-31 -5:58:41 PM GMT Email viewed by vaughn@vaughnbell.net 2024-05-31 -6:06:49 PM GMT Leo Signer vaughn@vaughnbell.net entered name at signing as Vaughn Bell 2024-05-31 -6:11:52 PM GMT Cep Document e-signed by Vaughn Bell (vaughn@vaughnbell.net) Signature Date:2024-05-31 -6:11:54 PM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2024-05-31 -6:11:56 PM GMT s Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-05-31 -8:36:20 PM GMT Powered by r � Adobe T Acrobat Sign b Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-05-31 -11:27:41 PM GMT-Time Source:server Document emailed to Julie Parascondola Qparascondola@kentwa.gov)for signature 2024-05-31 -11:27:43 PM GMT s Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2024-06-04-10:24:34 PM GMT Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2024-06-04-10:25:00 PM GMT-Time Source:server L. ;. Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-06-04-10:25:02 PM GMT s Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-06-04-10:25:21 PM GMT b Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-06-04-10:25:31 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-06-04-10:25:32 PM GMT s Email viewed by cityclerk@kentwa.gov 2024-06-06-4:12:22 PM GMT c:5, Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2024-06-06-4:15:47 PM GMT dQ, Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2024-06-06-4:15:49 PM GMT-Time Source:server Agreement completed. 2024-06-06-4:15:49 PM GMT Powered by r � Adobe T Acrobat Sign