HomeMy WebLinkAbout4825 Contract Number: 4825
Vendor: RENCH - CHRIS J
Subject: Purchased Artwork - Evergreen Park
Department: Comm Devel
File Class: LEG 12-1
Begin Date: 05/26/2009
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments :
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CONTRACT FOR PURCHASED ARTWORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having
its principal offices at 345 - 6th Street, Suite 600 and Chris J. Rench, (the "Artist")
whose principal address is: 2019 Montello Avenue, Hood River, OR 97031
Telephone: (541) 399-3830, cj@ckrdesignstudio.com .
In consideration of the mutual benefits and covenants contained herein, the City
and the Artist agree as follows:
SECTION 1. EFFECTIVE DATE OF CONTRACT
The Contract will become effective on execution and terminate on December 31,
2009 or completion and approval of installation, whichever occurs first. In no
event will the Contract become effective unless and until it is approved and
executed by the City Council.
SECTION 2. SERVICES TO BE PROVIDED
2.1 A description of the services to be performed by the Artist is set forth in
Exhibit A: Description of Services, which is attached to the Contract and
incorporated by this reference.
2.2 The Artist agrees to provide his own labor and materials. Unless otherwise
provided for in the Contract, the City will furnish no material, labor or facilities.
2.3 The Artist will perform the work specified in the Contract according to
standard industry practice.
2.4 The Artist will complete his work in a timely manner and in accordance with
the schedule agreed to by the parties.
2.5 The Artist will perform the services set forth above and required under this
contract in a satisfactory and competent manner. Should the Artist employ and
subcontract with any third persons in the performance of this contract, the Artist
agrees that all such third persons will be bound by the terms and conditions of
this contract. The Artist agrees to comply with all applicable City, local, state and
federal laws, regulations and ordinances regarding performance of all work
necessary to complete the services contracted for herein.
2.6 The Artist will confer with the Arts Commission and City staff from time to
time during the progress of the work. The Artist will prepare and present status
reports and other information that may be pertinent and necessary, or as may be
requested by the Arts Commission or mandated in Exhibit A.
SECTION 3. CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A party may
change its representative upon providing written notice to the other party. The
parties' representatives are as follows:
City's Contract Representative
Pam Bykonen
345b - 6th Street, Suite 600
Bremerton, WA 98337
360-3473-5202
360-473-5278 (fax)
Pam. Bykonen@ci.bremerton.wa.us
Contractor's Contract Representative
SECTION 4. COMPENSATION
4.1 A description of the compensation to be paid to the Artist is set forth in
Exhibit A: Compensation, which is attached to the Contract and incorporated by
this reference.
4.2. The total amount payable under the Contract by the City to the Artist in no
event will exceed $20,000.00.
4.3. The City shall determine dates of completion for stages of the project. The
artist may submit an invoice to the City after each stage is completed. Subject to
the other provisions of the contract, the City will generally pay such an invoice
within 30 days of receiving it. It is understood that the City has no obligation
regarding sales commissions or any agreements with galleries or agents with
whom the Artist may have contracted.
4.4 The Artist will be paid only for work expressly authorized in the Contract.
4.5 The Artist will not be entitled to payment for any services that were
performed prior to the effective date of the Contract or after its termination,
unless a provision of the Contract expressly provides otherwise.
4.6 If the Artist fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, the City may
withhold any payment due the Artist until the City is satisfied that corrective
action, as specified by the City, has been completed. This right is in addition to,
and not in lieu of, the City's right to terminate this contract.
4.7 In the event that the Artist breaches any of the obligations, terms and
conditions of this contract, has failed to provide in any manner the work or
services agreed to herein, and if the City deems said breach to warrant corrective
action, the following sequential procedure shall be followed:
1. The City shall notify the Artist in writing of the nature of the
breach;
2. The Artist shall respond in writing within ten (10) working days of
his/her receipt of such notice, and indicate in the response the steps being taken
to correct the specified non-compliance actions constituting breach. The
corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance;
3. The City shall and hereafter notify the Artist in writing of the City's
determination as to the sufficiency of the Artist's corrective action plan. The
determination of sufficiency of the Artist's corrective action plan shall be at the
sole discretion of the City;
4. In the event that either the Artist does not respond or provide a
corrective action plan within ten (10) working days or the Artist's corrective action
plan is deemed to be insufficient, the City may terminate this contract in whole or
in part pursuant to the Termination Section;
5. In addition, the City may withhold any payment owed the Artist
and/or prohibit the Artist from incurring additional expenses until the City is
satisfied that corrective action has been taken or completed; and
6. Nothing herein shall be deemed to affect or waive any rights the
parties may have pursuant to the Termination Section.
4.8 The contract amount is inclusive of all applicable state and federal taxes
including any Washington State Sales Tax owed by the City as a result of this
contract. It is the responsibility of the Artist to remit any sales taxes to the
Washington State Department of Revenue.
SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES
5.1. The Artist warrants that the design or work being commissioned is the
original product of his/her own creative efforts.
5.2. The Artist shall be responsible for a period of seven years from the date of
installation of the Artwork for the integrity of the materials and fabrication
techniques of the artwork and the installation. Artist's liability for breach of this
warranty shall be limited to the cost of repairs of the artwork and/or the
installation. The responsibility for the determination of the Artist's liability for faults
or defects in the work during the one-year period shall be solely that of the City.
The Artist is not expected to warrant damages caused by vandalism, normal
wear and tear and natural occurrences such as storms, fires, floods and
earthquake damage.
5.3 In order to be effective, any Contract renewal, amendment or modification
must be in writing, be signed by both parties and be attached to the Contract.
Work under a renewal, an amendment or a modification may not commence until
the renewal, amendment or modification has been approved by the Arts
Commission, as well as the City Council, and has become effective.
5.4 The City may request that the Artist provide additional services beyond those
required in the Scope of Service. These additional services, if performed due to
unusual circumstances outside the Artist's contract which cause the Artist extra
work and expense, shall be paid for by the City in addition to the agreed upon fee
set forth in paragraph 4.2 above, provided that the Artist first obtains prior
authorization of the extra expense(s) by the City.
SECTION 6. HOLD HARMLESS AND INDEMNIFICATION
6.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any and all claims, actions,
suits, liability, loss, expenses, damages and judgments of any nature
whatsoever, including reasonable costs and attorneys' fees in defense thereof,
for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of the acts, errors or omissions of the Artist, its
officers, employees or agents in the performance of the Contract. Provided,
however, that the Artist's obligation under this provision will not extend to injury,
sickness, disability, death or damage caused by or arising out of the sole
negligence of the City, its officers, officials, employees or agents. The Artist's
duty extends to the claim by Contractors or any subcontractor's officers,
employees or agents. For the purposes of this indemnification provision, the
Artist expressly waives its immunity under Title 51 (Industrial Insurance) of the
Revised Code of Washington and acknowledges that this waiver was mutually
negotiated by the parties.
6.2 Provisions of this section shall survive the expiration or termination of this
agreement.
6.3 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Artist, the Artist's employees, agents or subcontractors.
SECTION 7. INSURANCE
7.1. Insurance coverage is not required during the design phase of this contract
or while the Artist is completing work on the artwork in his/her studio. Prior to the
commencement of anyon-site installation or fabrication, the Artist and/or his/her
subcontractors shall purchase and maintain for the duration of anyon-site
fabrication and/or installation, insurance against claims for injuries to persons or
damages to property that may arise from, or in connection with, the performance
of work done by the Artist, his/her agents, representatives, employees, and/or
subcontractors
7.2. The Artist and/or his/her subcontractors shall pay for the costs of the
required insurance.
7.3. All insurance pOlicies shall name the City of Bremerton, its officers, officials,
employees and agents as additional insured's as respects liability arising out of
activities performed by or on behalf of the Artist in connection with this Contract.
7.4 Any deductibles or self-insured retentions must be declared to, and approved
by, the City. The deductible and/or self-insured retention of the policies shall not
apply to the Artist's liability to the City and shall be the sole responsibility of the
Artist.
7.5 The Artist's insurance shall apply separately to each insured against whom
claim is made and/or lawsuit is brought.
7.6 The Artist's insurance coverage shall be the primary insurance as respect to
the City, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the City, its officers, officials, employees, or agents shall
not contribute to the Artist's insurance or benefit the Artist in any way.
7.7 The minimum scope and minimum limits of insurance required by this
contract are as follows:
1. WORKERS COMPENSATION: Coverage as required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington.
2. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional,
such as structural review or engineering.
A. The Artist will include all subcontractors as insured's under its pOlicies or
will finish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors will be subject to all of the requirements stated
in these provisions.
B. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they
limitations on indemnification.
C. If the Artist will be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
7.8 Verification of Coverage and Acceptability of Insurers.
A. The Artist shall place insurance with insurers licensed to do business in
the State of Washington and having A.M. Best Company ratings of no less
than A-VII, with the exception that excess and umbrella coverage used to
meet the requirements for limits of liability or gaps in coverage need not be
placed with insurers or re-insurers licensed in the State of Washington.
B. The Artist shall furnish the City with properly executed certificates of
insurance or a signed policy endorsement that will clearly evidence all
insurance required in this Section within 10 days after the effective date of the
Contract. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract may not be
materially changed, canceled, or allowed to expire, except on 30-days' prior
written notice to the City. Any certificate or endorsement limiting or negating
the insurer's obligation to notify the City of cancellation or changes must be
amended so as not to negate the intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable forms of evidence are the
endorsement pages of the policy showing the City as an additional insured.
D. Written notice of cancellation or change shall be mailed to the City at the
following address:
Risk Management Division
City of Bremerton Legal Department
345 - 6th Street, Suite 600
Bremerton, WA 98337
E. The Artist or his/her broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City of Bremerton Risk Manager.
SECTION 8. TERMINATION
8.1 The City may terminate the Contract in whole or in part whenever the City
determines, in its sole discretion, that such termination is in the best interests of
the City. The City may terminate the Contract upon giving the Contractor 10-
days' written notice. In that event, the City will pay the Contractor for all costs
incurred by the Contractor in performing the Contract up to the date of such
notice, subject to the other provisions of the Contract.
8.2 If funding for the underlying project or matter is withdrawn, reduced or
limited in any way after the Contract is signed or becomes effective, the City may
summarily terminate the Contract notwithstanding any other termination provision
in the Contract. Termination under this provision will be effective upon the date
specified in the written notice of termination sent by City to the Artist. No costs
incurred after the effective date of the termination will be paid.
8.3 If the Artist breaches any of its obligations under the Contract, and fails to
cure the breach within 10 days of written notice to do so by the City, the City may
terminate the Contract. In that event, the City will pay the Artist only for the costs
of services accepted by the City. Upon such termination, the City, at its
discretion, may obtain performance of the work elsewhere, and the Artist will
bear all costs and expenses incurred by the City in completing the work and all
damages sustained by the City by reason of the Artist's breach.
SECTION 9. ASSIGNMENT , DELEGATION AND SUBCONTRACTING
9.1 The Artist will perform under the Contract using only its bona fide employees
or agents, and the obligations and duties of the Artist under the Contract will not
be assigned, delegated or subcontracted to any other person or firm without the
prior express written consent of the City.
9.2 The Artist warrants that it has not paid, nor has it agreed to pay, any
company, person, partnership or firm, other than a bona fide employee working
exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or making of the
Contract.
SECTION 10. INDEPENDENT CONTRACTOR
10.1 The Artist's services will be furnished by the Artist as an independent
contractor and not as an agent, an employee or a servant of the City. The Artist
specifically has the right to direct and control Artist's own activities in providing
the agreed services in accordance with the specifications set out in the Contract.
The Artist and/or his/her agents or employees and/or sub-contractors shall make
no claim of career service or civil service rights which may accrue to a City
employee under state or local law.
10.2 The Artist acknowledges that the entire compensation for the Artist is set
forth in the compensation provisions of the Contract and the Artist is not entitled
to any City benefits, including, but not limited to: vacation pay; holiday pay; sick
leave pay; medical, dental or other insurance benefits; fringe benefits; or any
other rights or privileges afforded to City employees.
10.3 The Artist will have and maintain complete responsibility and control over
all of its subcontractors, employees, agents and representatives. No
subcontractor, employee, agent or representative of the Artist will be or be
deemed to be, or act or purport to act, as an employee, agent or representative
of the City.
10.4 The City assumes no responsibility for the payment of any compensation,
wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist. The
Artist shall protect, indemnify and hold harmless the City its officials, officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatso~ver occurring or resulting from
1) The Artist's failure to pay any compensation, wages, benefits, or taxes;
and/or
2) The Artist's receipt of work, services, materials, or supplies from the
Artist's employees, suppliers or sub-contractors in connection with or
support of the Artist's performance of services contracted for herein.
10.5 The Artist further agrees that he/she is financially responsible for and will
repay the City all indicated amounts following an audit which occurs due to the
negligence, intentional act and/or failure for any reason to comply with the terms
of this contract by the Artist, his/her employees, or agents. The Artist's obligation
to repay the City shall not be diminished or extinguished by the prior termination
of the contract pursuant to the Duration of Contract, or the Termination Section.
SECTION 11. NONDISCRIMINATION
11.1 The Artist, its assignees, delegates or subcontractors will not discriminate
against any person in performance of any of its obligations under the Contract on
the basis of race, color, creed, religion, national origin, age, sex, marital status,
sexual orientation, veteran status or the presence of any disability.
SECTION 12. OWNERSHIP OF MA TERIALS/WORKS PRODUCED
12.1. The Artist and City agree that any proposal to alter, modify, or otherwise
change the work of the Artist shall be first discussed with the Artist. The City will
make a good faith effort to contact the Artist and obtain written approval to
proceed with the proposed alteration, modification, or change; such approval
shall not be unreasonably withheld by the Artist. If an alteration, modification or
change should occur, the Artist reserves the right to request that the work no
longer be represented as the work of the Artist and to have his/her name
removed from any plaque or other identification of the Artwork provided that the
Artist shall make this request to the City in writing.
12.2 The Artist agrees the City will be granted royalty-free the authority to
incorporate the project artwork in construction documents for the purposes of
constructing and completing the project.
12.3 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication.
12.4 The Artist shall register the project and place a copyright notice on or near
the project in the form and manner required to protect copyrights of the project
under United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator with a
copy of the application for registration, the registration number and the effective
date of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project.
12.5 The Artist hereby grants the City permanent, assignable, non-exclusive
royalty-free permission to make, or cause to be made, photographs and other
two dimensional reproductions and models of the project for educational, project
awards, public relations, tourism, arts promotional purposes without payment of a
royalty to the Artist. For purposes of this Agreement, the following are among
those deemed to be permissible reproductions for the above cited purposes:
brochures and pamphlets pertaining to the Engineer and Owner; reproduction in
exhibition catalogues, project awards, books, slides, photographs, postcards,
posters, and calendars; in art magazines, art books and art and news sections of
newspapers; in general books and magazines not primarily devoted to art; slides
and film strips; and television. On any and all such reproductions a copyright of
the project under the United States Copyright Law and credit to the Artist will
appear. The Artist agrees that all written references to and reproductions to the
project shall include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts
program."
SECTION 13. PATENT/COPYRIGHT INFRINGEMENT
13.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any claimed action, cause or
demand brought against the City, where such action is based on the claim that
information supplied or work performed by the Artist or subcontractor infringes
any patent or copyright or other intellectual property or proprietary right. The
Artist will be notified promptly in writing by the City of any notice of such claim.
13.2. All reproductions made by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: '''Copyright, Artist's name, all
rights reserved, dates", in such a manner and location as shall comply with the
U.S. Copyright Laws.
SECTION 14. DISPUTES
14.1 Differences, disputes and disagreements between the Artist and the City
arising under or out of the Contract will be brought to the attention of the City at
the earliest possible time so that the matter may be settled or other appropriate
action promptly taken. The City's contract representative or designee will decide
any dispute relating to the quality or acceptability of performance or
compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 15. MISCEllANEOUS
15.1 No Waiver. The parties agree that the excuse or forgiveness of
performance, or waiver of any provisions of the Contract, does not constitute a
waiver of such provision or future performance, or prejudice the right of the
waiving party to enforce any of the provisions of the Contract at a later time.
15.2 Tax Payments. The Contractor will pay all applicable federal, state and
local taxes, fees (including licensing fees) and other amounts.
15.3 Personnel Removal. The Contractor agrees to remove immediately any of
its subcontractors, employees, agents or representatives from assignment to
perform services under the Contract upon receipt of a written request to do so
from the City's contract representative or designee.
15.4 legal Compliance. The Contractor and its subcontractors, employees,
agents and representatives will comply with all applicable federal, state and local
laws, rules and regulations in their performance under the Contract.
15.5 The Artist and/or his/her subcontractors, shall maintain records in
accordance with generally accepted accounting procedures and other evidence
of all expenses incurred in the performance of this contract. The City and/or
Federal/State officials shall, for the purpose of examination and audit, have
access to and be permitted to inspect such records and other evidence of costs
and expenses charged to the City and/or incurred for the Artwork for a period of
six (6) years after termination of contract.
15.6 Severability. If a court of competent jurisdiction holds any provision of the
Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and
obligations will be construed and enforced as if the Contract did not contain the
particular provision held to be invalid. If any provision of the Contract conflicts
with any statutory provision of the State of Washington, the provision will be
deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
15.7 Entire Agreement. The parties acknowledge that the Contract is the
complete expression of their agreement regarding the subject matter of the
contract. Any oral or written representations or understandings not incorporated
in the Contract are specifically excluded.
15.8 Notices. Any notices will be effective if personally served upon the other
party or if mailed by registered or certified mail, return receipt requested, to the
addresses set out in the contract representatives provision of the Contract.
Notice may also be given by facsimile with the original to follow by regular mail.
Notice will be deemed to be given three days following the date of mailing, or
immediately if personally served. For service by facsimile, service will be
effective at the beginning of the next working day.
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EXHIBIT A: DESCRIPTION OF SERVICES
***************************
CONTRACT FOR PURCHASED ARTWORK
Chris J. Rench (the "Artist") and City of Bremerton, (the "City") mutually agree
that the Artist provide for sale specific artwork for the "Sculpture on Pacific
Avenue" (the "Project"). The Artist will be expected to coordinate the installation
of the artwork with the Arts Commission Staff.
The Artist shall:
· Warrant that the work is an original product of his/her own creative effort.
· Guarantee the integrity of the materials and fabrication and installation
techniques for a period of seven years after installation.
· Specify the limit of the edition if an artwork is selected which can be
reproduced as an edition.
· Notify City of Bremerton's Arts Commission staff of any changes of
address during the project and following completion of the project for as
long as the City shall own the artwork.
Implementation & Fabrication
A. The artwork will consist of: See attached proposal from artist. Exhibit A.
B. The total budget shall not exceed $20,000.00 for the purchase and installation
of the artwork. An approved budget is attached as part of this contract. The
Artist shall provide all labor and materials necessary to produce a finished work
of art; delivery of artwork; and installation of the artwork.
C. The artwork must be completed in accordance with the installation schedule.
The estimated installation date is July 1, 2009. This date may be amended by
mutual agreement of the Artist and the City.
1. It is the responsibility of the "Project Manager" and/or the "Contractor"
to inform the Arts Commission Staff and the Artist in writing of all
construction scheduling information as it becomes available and
deadlines relevant to the Artist's project; and all provisions set forth for
working within the project areas.
2. The Artist shall be responsible for delivery and installation of the
artwork in accordance with the agreed upon schedule. The Artist will
seek out regular updates from the Arts Commission Staff, Contractor
and Project Manager regarding schedule for site preparation and
installation of the artwork.
3. The Artist shall coordinate all activities necessary for implementation of
on-site fabrication, delivery and installation with the Contractor. On-
site activities must be coordinated in accordance with the construction
schedule. Artists and their sub-contractors and installers must comply
with all provisions provided by the Contractor or the Project Manager
for working within the project areas.
E. In the event that the City must make changes to the designated artwork site
during construction, the Artist will be notified immediately of the proposed
changes. The Arts Commission staff and Project Manager will work with the
Artist to find means of mitigating any negative impacts to the art projects. Any
changes required of the Artist shall require a written change order and the
increased cost of such change order in Artist's labor and materials shall be
added to the contract amount.
F. The Artist will provide information to the City regarding materials and finishes
to be used in the creation of the artworks. Substitutions may be requested by the
City in the event that the proposed materials do not comply with health and
safety issues, ADA requirements or fire code ratings.
G. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by Arts
Commission staff.
2. Provide photographic documentation of the artwork at the completion of
the project. Photographic documentation will be submitted in the form of
one (1) black and white 8'x10" photograph and two (2) color slides.
3. Submit a maintenance report for the project to the Arts Commission
staff. The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project
in the form and manner required to protect copyrights of the project under
United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator
with a copy of the application for registration, the registration number and
the effective date of registration. Except as provided in this Agreement,
the Artist retains all copyrights in the project including its preliminary
design and incidental works created for the Project
5. Submit an Artist's statement concerning the artwork purchased under
this agreement; and
6. Submit the Artist's professional resume.
COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $20,000.00 for the scope of work included in this
contract. The payments will be made as follows:
1. $9,140.00 upon activation of the contract as a down-payment for the
purchased artwork.
2. $10,860.00 upon completion of installation, receipt of support
materials, and final acceptance of the artwork.
Estimated completion date to be determined.
All Invoices should be mailed or delivered to:
Pam Bykonen, Staff
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, WA 98337
The Artist will submit the final invoice and other documents as are required by
this Contract within sixty (60) days of completion of the Scope of Service. Unless
waived by the City in writing, failure by the Artist to submit the final invoice and
required documents will relieve the City from any and all liability for payment to
the Artist for the amount set forth in such invoice or in any subsequent invoice.
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