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HomeMy WebLinkAbout4976 l Contract Number: 4976 Vendor: KIMBALL, BOB Subject: Contract for Commissioned Artwork Department: Arts Commission File Class: LEG 12-1� Begin Date: 11/22/2010 End Date: 12/31/2010 Review Date: 12/31/2010 Vault Date: Comments: CONTRACT FOR COMMISSIONED ARTWORK THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having its principal offices at 345 — 6� Street, Suite 600 and Bob Kimball, (the "Artist") whose principal address is: PO Box 2167 Poulsbo, WA 98370 Telephone: (360) 697-5566; E-mail: kimballdesigns@earthlink.net. 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 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. 2.7 The City will be responsible for the construction of and materials for the installation site, any right-of-way and/or building permits required, physical installation of the artwork, signage restricting any person(s) from climbing on or disturbing the art in any way, and signage identifying the artist and piece. 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 — 6�' Street, Suite 600 Bremerton, WA 98337 360-3473-5202 360-473-5278 (fax) Pam. Bykonen@ci. bremerton.wa. us Contractor's Contract Representative: Bob Kimball PO Box 2167 Poulsbo, WA 98370 (360) 697-5566 kimballdesigns@earthlink. net 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 $7,100.00. 4.3. The City shall work with the artist to 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 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 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. 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 ArtisYs 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. 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 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 whatsoever 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 MATERIALSNVORKS 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, 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 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 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 o� 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 BR�ME ON ARTIST ,�� i � ; ; .� r �"_. �-,- � �/ i ;' � (Signature) ( ig ature) By: JoAnn Vidinhar By: Bob Kimball It's: Acting Director of Community Development It's: Artist/Contract Representative Date: Date: //lZZ`{p Re ived f filin � Ci y CI rk � EXHIBIT A: DESCRIPTION OF SERVICES *************************** CONTRACT FOR COMMISSIONED ARTWORK Bob Kimball (the "Artist") and City of Bremerton, (the "City") mutually agree that the Artist create artwork for the "Sculpture on Pacific Avenue" (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 si#ing 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 $7,100.00 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 January 31, 2011. This date may be amended by mutual agreement of the Artist and the City. 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. Provide photographic documentation of the artwork at the completion of the project. 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'��. �_� ,���',�_; g,{� _ � - ' ��'— - — - : , * . . � , . �. �� ���,,„,�,_�, �-''� ' i �J°u��� 1���� ' i • • ,. r `; , , ` �;__ . �_ ���.���'�`�°.�,��,:�_� . =��,,_�'°"� � a�� _ � ( � ,..� ,�� �� � �„��- .��;-�� ' ���l��ll���� ����0 , � � �'�" _ �"* -�=���� � � - ���:;; � ri.. i E �. 'f',L .+..� •G`�� 4 1 r Sx. �j�, �_ u� ��l�l������ I '..Y M.. �. . .e'��, _ . �c d_ _ r��.�' . �.z_c� _4 ., P������ �� E�,�' - � - �� EXHIBIT B: COMPENSATION & PAYIIAENT SCHEDULE The Artist will be paid a total of $7,100.00 for the scope of work included in this contract. The payments will be made as follows: 1. $3,550.00 upon activation of the contract for the purchase of materials. 2. $3,550.00 upon delivery of completed artwork, receipt of support materials, and final acceptance of the artwork. Estimated completion date to be determined. At each fee/fabrication milestone outlined above, the Artist will submit a brief written report, which describes project progress to date. The Artist should submit samples of materials if they are available. All Invoices should be mailed or delivered to: Pam Bykonen, Clerk City of Bremerton 1% For Arts Program 345 — 6 th 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.