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4953
PAULA GILL DBA RED STEP STUDIO
Commissioned Artwork
DCD
LEG 12-1
8/12/2010
12/31/2010
2/1/2011
Comments :
CONTRACT FOR COMMISSIONED ARTWORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having its principal
offices at 345 — 6 th Street, Suite 600 and Paula Gill dba Red Step Studio (the "Artist") whose
principal address is:
1739 N Lafayette Avenue, Bremerton, WA 98312
Telephone: (360) 373-4744, Paula@Redstep.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 installation and final approval.
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 her 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 her 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.
2.7 The City will be responsible for the preparation of the installation site and signage identifying
the artist and piece.
SECTION 3. CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative
representative upon providing written notice to the other party.
follows:
. A party may change its
The parties' representatives are as
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City's Contract Representative:
Pam Bykonen
345b — 6 th Street, Suite 600
Bremerton, WA 98337
360-3473-5202
360-473-5278 (fax)
Pam. Bykonen@ci. bremerton.wa. us
Contractor's Contract Representative:
(360)
@
SECTION 4. COMPENSATION
4.1 A description of the compensation to be paid to the Artist is set forth in Exhibit B:
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
$1,000.00.
4.3. The City shall work with the artist to determine the date of completion of the project. The
artist may submit a final invoice to the City once the project 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
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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 one year from the date of installation of the
Artwork for the integrity of the materials and fabrication techniques of the artwork. Artist's liability
for breach of this warranty shall be limited to the cost of repairs of the artwork. 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, accidents, 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
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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 ArtisYs 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. Commercial Liability 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 any on-site fabrication, the Artist and/or his/her subcontractors shall purchase
and maintain for the duration of any on-site fabrication, commercial liability insurance in the
amount of $1,000,000.00 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
A. The Artist and/or his/her subcontractors shall pay for the costs of the required insurance.
B. All insurance policies shall name the City of Bremerton, its officers, officials, employees
and agents as additional insureds as respects liability arising out of activities perFormed by or
on behalf of the Artist in connection with this Contract.
C. 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.
D. The Artist's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought.
E. 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.
7.2 WORKERS COMPENSATION: Coverage as required by the Industrial Insurance Act of the
State of Washington, Title 51, Revised Code of Washington.
7.3 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.
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7.4 The Artist will include all subcontractors as insured's under its policies or will furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors will be
subject to all of the requirements stated in these provisions.
7.5 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.
7.6 Verification of Coverage and Acceptability of Insurers:
A. If the Artist performs any on-site fabrication, 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. If the Artist performs any on-site fabrication, 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 certificates 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. If the Artist performs any on-site fabrication, 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 — 6 th Street, Suite 600
Bremerton, WA 98337
E. If the Artist performs any on-site fabrication, 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, which 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
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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
hofd harmless the City its officials, officers, agents, and employees from and against any and all
claims, costs, and/or losses whatsoever occurring or resulting from
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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, cofor,
creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status or the
presence of any disability.
SECTION 12. OWNERSHIP OF MATERIALS/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 If the Artist chooses to register the project and a 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, or 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
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and all such reproductions a credit to the Artist will appear. The Artist agrees that all written
references to and reproductions of the project shall include the Artist's name, the title of the work,
and the following credit line:
"This project was sponsored by the City of Bremerton's 1% For 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.
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
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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
representative's 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.
CITY OF BRE
(Signature)
Andrea L. Spencer, AICP
It's: Director of Community Development
Date: �(..� ST I� 2(`� l('
��
r to form j
erto ity Attorney
ARTIST
G�2��' ��
(Signature)
By: Paula Gill
It's: Artist/Contract Representative
Date: � � �i.S�" 1 � � I �
Rece' ed for 'ling: 7
L��' f / /�
City Cler
Page 9 of 13
EXHIBIT A: DESCRIPTION OF SERVICES
***************************
CONTRACT FOR COMMISSIONED ARTWORK
Paula Gill dba Red Step Studio (the "Artist") and City of Bremerton, (the "City") mutually agree
that the Artist create artwork for the "Municipal Court Public Art" (the "Project"). The Artist will be
expected to coordinate the fabrication and date of installation of the artwork with the Arts
Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and creativity of the
Artist. The Artist, therefore, shall not assign the creative or artistic portions of the work to another
party without the consent of the City.
Design and proposal development has been completed by the Artist under a separate contract.
Issuance of this contract will be considered notice to proceed to fabrication and implementation of
the approved design.
The Artist shall:
• Notify the Arts Commission if a significant change occurs in the scope, material, design or
siting of the work subsequent to preliminary design approval, and submit the proposed
changes for review prior to implementing the changes.
• 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 one year 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.
• Provide regular reports to the Arts Commission as to the status of the project during the
construction phase. The Artist will allow for studio visits from the Arts Commission as
requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of: See attached proposal from artist.
B. The total budget shall not exceed $1,000.00 for the fabrication and delivery of the artwork. An
approved budget is attached as part of this contract. The Artist shall provide all labor and
materials necessary to produce and complete a finished work of art and delivery of artwork.
C. The artwork must be completed in accordance with the construction schedule. The estimated
completion date is December 31, 2010. This date may be amended by mutual agreement of the
Artist and the City.
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1. The Artist shall be responsible for completion of fabrication and delivery of the artwork
in accordance with the agreed upon schedule. The Artist will seek out regular updates
from the Arts Commission Staff regarding the schedule for completion and installation
of the artwork.
2. The Artist shall coordinate the schedule for implementation and completion of all studio
fabrication with the Arts Commission staff.
3. The Artist shall coordinate all activities necessary for delivery and implementation of
any on-site fabrication with Arts Commission staff. Artists and their sub-contractors
must comply with all provisions provided by the Arts Commission staff or the Public
Works Manager for working within the project areas.
D. In the event that the Artist must make changes to the design during construction, the Artist
shall present any significant changes in the scope, design, character or medium of the project to
the City for approval. Significant aesthetic changes must be approved by the Arts Commission.
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. 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.
3. Submit an ArtisYs statement concerning the artwork purchased under this agreement;
and
4. Submit the Artist's professional resume.
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EXHIBIT B: COMPENSATION � PAYMENT SCHEDULE
The Artist will be paid a total of $1,000.00 for the scope of work included in this contract. The
payments will be made upon delivery of completed artwork, receipt of support materials outlined
in Exhibit A, and final acceptance of the artwork.
Estimated completion date to be determined.
All Invoices should be mailed or delivered to:
Pam Bykonen, Clerk
City of Bremerton 1% For Arts Program
345 — 6 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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