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HomeMy WebLinkAbout2025-0138 - - Jabari Owens-Bailey - Curatorial Agreement for Artistic Service - Docusign Envelope ID:A3029118-A05F-4863-A711-30C8271FFF19 AGREEMENT FOR ARTISTIC SERVICE This Agreement is made and entered into this 13th day of March, 2025, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington ("City") and Jabari Owens-Bailey ("Artist"), whose email and address are,jabariob@gmail.com and 1328 Market St Apt 222, Tacoma, WA 98402. WHEREAS, the City is hiring a guest curator for the Postmark Center for the Arts Gallery; and WHEREAS, the City desires to contract with Artist to work onsite during March - October, 2025 and participate in a variety of public programming requiring coordination between the Artist and City of Auburn. NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICE 1.1 GENERAL The Artist shall, in consultation with the City, participate as the Guest Curator at the Postmark Center for the Arts and associated programming as follows: A. Signing of contract B. Provide City of Auburn with a headshot and short bio to use for the call to artists and marketing purposes C. Attend a preliminary meeting to discuss the desired theme of exhibition, timeline, selection process D. Perform online jurying of applications and recommendations for awards E. Attend a meeting to discuss gallery layout preferences, which artworks are installed at each site, etc. F. Create a brief, collaboratively written curatorial exhibition statement with co-curator to use for exhibition display and marketing purposes G. Optional participation during installation of artwork to guide installation team H. Attendance at opening reception and give a curator's talk on July 23, 2025 I. Attendance at closing reception on October 15, 2025 The Artist shall be responsible for all services and shall furnish all supplies, material, and travel as necessary for completion of this scope of service. The Artist shall coordinate the intended work schedule and event dates with the City of Auburn staff and with the timeline in 1.2. 1.2 PROJECT The scope of service is divided into three phases: Phase I, related to the signing of the contract for the Guest Curator services and completion of Phase I as outlined in Article 1.1 A-B; Phase II is related to the exhibition curation, installation, and opening reception requirements of Phase II as outlined in Article 1.1 C-H; Phase III, related to the completion of above mentioned expected scope of work requirements Article 1.1 I, including attendance at closing reception, as approved by the City. The Work shall be completed according to above phases and according to timeline agreed upon by the artist and the City as follows: A. Phase I - Before March 21, 2025 B. Phase II - March 22 -July 23, 2025 Resolution Exhibit A Agreement for Postmark Center for the Arts Guest Curator Page 1 of 5 Docusign Envelope ID:A3029118-A05F-4863-A711-30C8271FFF19 C. Phase III — July 24- October 15, 2025 1.3 EXECUTION OF WORK The Artist shall approach all Phases of the Work as described above in accordance with the following additional expectations: A. Sign agreement with the City of Auburn about Guest Curator services, expectations and guidelines. B. Leave the space in the same or better condition as when they began. C. Understand that the artwork displayed must be appropriate for the public realm. D. Deliver and pick up all artwork on time according to the exhibition dates. E. Partner with the City of Auburn to market and promote the exhibition. Exhibits are publicized through city-generated press releases, printed materials, social media, and the City's web site at www.auburnwa.gov/arts. F. Artists are welcome to offer their works for sale, but are not required to do so. All sales are handled privately between the artist and the buyer. The City of Auburn does not take a commission on any works sold through the galleries. G. The Artist agrees to participate in the entire Guest Curator scope of work including all installation and deinstallation days, receptions and talks, etc. No exceptions. Payments shall be contingent upon full participation in all phases of the contract. H. Comply with all federal, state, and local laws. I. No pets are allowed. J. The Artist shall coordinate the schedule for implementation and completion of program expectations with the City staff. 1.4 FINAL ACCEPTANCE A. The Artist shall advise the City in writing when all services required have been completed, as accepted by the Auburn Arts Commission. B. The City shall notify the Artist in writing of its final acceptance of the Work. 1.5 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance, including any protective measures necessary to prevent damage to the Work during installation. 1.6 INDEMNIFICATION The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature arising out of the performance of the scope of service and the obligations contained in this Agreement on the part of the Artist, the Artist's agents, representatives, and employees except where such claims arise solely from the negligent acts of the City, its agents, representatives, or employees. 1.7 PHOTO RELEASE Artist hereby consents to photographs and all reproductions of the likeness, voice and activities of Artist and work exhibited at the Postmark Center for the Arts and further authorizes City, its agents or assigns, to make unlimited use of such reproductions for advertising, publicizing, archival, and marketing to the public over any media. 1.8 INDEPENDENT CONTRACTOR STATUS Docusign Envelope ID:A3029118-A05F-4863-A711-30C8271FFF19 The Artist shall perform the services described herein as independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership,joint venture, employment or other relationship with the City. 1.9 LICENSE NOT LEASE Artist acknowledges that the right to use the Postmark Center for the Arts is a revocable license only and does not constitute a grant of any ownership, leasehold, easement, or other property interest in the property 1.10 BACKGROUND CHECK The Artist must provide a Washington State Patrol Criminal Background check, in compliance with RCW 43.43.930 er seq.,for themselves and/or their employees where any person may have unsupervised access to children under sixteen years of age, or to developmentally disabled persons, or to vulnerable adults during the course of his/her contractual involvement with the City. At its discretion, the City may perform a background check. The Artist consents to the city performing a background check and agrees to provide full cooperation with the background check, including providing a notarized signature approving the release of background information to the City and a waiver of rights of inspection, and a release of damages. The City may terminate this agreement if, in the opinion of the City, a background check shows that the Contractor, its subcontractor, officer, employee, volunteer, or agent is unsuitable to provide the scope of work for this agreement. Alternatively, at the City's discretion, the City may require the Artist to reassign any employee, agent, contractor, subgrantee, or volunteer that, in the City's opinion, is unsuitable based on the background check. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE The City shall pay the Artist for satisfactory completion of the Guest Curator Agreement for Artistic Services in the total fixed amount of$1,500.00 (One-thousand five-hundred and no/100 U.S. Dollars)which shall constitute full compensation for all services to be performed, the donated work, travel expenses, and all supplies and materials furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. 2.2 PAYMENT The first payment of$500 will be paid by the City to the Artist after signing this Agreement, completion of Phase I as outlined in Article 1.1 A-B. The second payment of$500 will be paid by the City to the Artist upon completion of Phase II as outlined in Article 1.1 C-H. The final payment of$500 will be paid by the City to the Artist upon completion of Phase Ill and the Scope of Service outlined in Article 1.1 I, including all Guest Curator program requirements. 2.3 TAXES The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the Work as a result of performance under this contract. 2.4 ARTIST EXPENSES The Artist shall be responsible for the payment of all transportation costs, art materials, framing or expenses related to the final exhibition, and all other expenses related to the performance of this Agreement. Docusign Envelope ID:A3029118-A05F-4863-A711-30C8271FFF19 ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed in accordance with the schedule agreed upon by the Artist and City of Auburn staff. The approximate timeline for the project is outlined as follows: Contract due by March 21, 2025; Exhibition installation and opening reception from July 14-23, 2025; Associated programming, closing reception, and exhibition deinstallation completed by October 16, 2025. ARTICLE 4. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 5. NOTICES Any notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: Allison Hyde Arts Program Supervisor Jabari Owens-Bailey City of Auburn Artist/Guest Curator Parks, Arts & Recreation 1328 Market St Apt 222 910 Ninth Street SE Tacoma, WA 98402 Auburn, WA 98002 Email:jabariob@gmail.com Telephone: 253-804-5043 Email: ahyde@auburnwa.gov Either party may, by like notice at any time, designate a different address to which notices shall be sent. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 7. TERMINATION Either party may terminate this Agreement after a five (5) day cure period initiated upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. The City shall compensate the Artist for all work as performed prior to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. The City may terminate the contract five days after written notice to the Artist upon the occurrence of any act not within the control of a party such as fire, cyber/ransomware attack, earthquake, flood, explosion, pandemic, actions of the elements, war, riots, mob violence, strikes, lockouts, and orders of military authority; provided, however, that the City shall compensate the Artist for all services performed by the Artist prior to the date of the notice of termination. ARTICLE 8. GENERAL PROVISIONS Docusign Envelope ID:A3029118-A05F-4863-A711-30C8271FFF19 8.1 ENTIRE AGREEMENT &AMENDMENT This agreement constitutes the entire agreement between the parties and may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver 8.2 APPLICABLE LAW This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. 8.3 COSTS TO PREVAILING PARTY In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 8.4 COMPLIANCE WITH APPLICABLE LAWS In the performance of the Work, the Artist agrees to comply with all applicable state and local laws, rules, and regulations. 8.5 NON-AVAILABILITY OF FUNDS Every obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligation; and if funds are not allocated and available for the continuance of this Agreement, then this Agreement may be terminated by the City at the end of the period for which funds are available, without further notice. No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments or damages as a result of termination under this Section. Each of the following parties agrees to all of the above terms and conditions of this Agreement. ARTIST DocuSigned by: By: laa. •/� ��� Date: 3/14/2025 Print Name: Jabari Owens-Bailey Address, phone, email: 1328 Market St. Apt 222 Tacoma, Washington 98402 jabariob@gmai1 .com CITY ,-Initial ,5 City of Auburn Signedby: \ f2 By: NUf -rt1 f f� 3/14/2025 JULIE KRUEGER Date: Print Name: Julie Krueger, Director of Parks, Arts and Recreation, City of Auburn