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HomeMy WebLinkAbout2025-0141 - - 2025 Mary Olson Farm Artist in Residence Agreement - Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 AGREEMENT FOR ARTISTIC SERVICES This Agreement is made and entered into this 9th otaN3130Mlarch, 2025, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington ("City") and 7ahnvi Madyikrtist"), whose phone number and address is, 4258918091 and 13801 SE 52nd PL Bellevue WA 98006 . WHEREAS, the City is selecting an artist for the Mary Olson Farm Artist in Residence program; and WHEREAS, the City desires to contract with Artist to work onsite during June-July 2025 and participate in a variety of public programming requiring coordination between the Artist and City of Auburn and White River Valley Museum staff. 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 Artist in Residence at the Mary Olson Farm and associated programming as follows: A. The Artist will be onsite at the Mary Olson Farm creating artwork no less than 10 hours per week from June 1 through July 31, 2025. The Artists' specific hours will be mutually agreed upon between the parties by March 31st. B. In addition to the hour requirement of(A), the Artist will schedule dates with the City to be onsite for no less than two open studio afternoons, from noon to 5 pm on two weekend days, at the Mary Olson Farm, open to the public, at which the artist is expected to engage with visitors, demonstrate techniques and answer questions (or as agreed upon between artist and City of Auburn due to social-distancing needs due to COVID-19 pandemic). C. In addition to the hours requirement of(A), the Artist will teach one hands-on workshop class to the community at no charge at a date, time and location to be agreed upon between the Artist and the City (or as agreed upon between artist and City of Auburn due to social-distancing needs due to COVID-19 pandemic). D. The Artist will offer a free final performance to the public, optional short artist talk and accompanying reception at a date, time and location agreed upon by the Artist and the City (or in an alternate format as agreed upon between artist and City of Auburn due to social-distancing needs due to COVID-19 pandemic). 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 Mary Olson Farm Artist in Residence program; Phase II is related to the duration of the residency and the above stated program requirements Article 1.1 A- C; Phase III, related to the completion of above mentioned expected residency requirements Article 1.1 D and E including final performance, artist talk, as approved by the City. The Resolution Exhibit A Agreement for Mary Olson Farm Artist in Residence Page 1 of 6 Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 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 - March 2025 B. Phase II - June—July 2025 C. Phase III — Date to be determined with Artist and the City 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 residency plans, expectations and guidelines. B. Leave the space in the same or better condition as when they began. The farm is on the National Register of Historic Places and as such absolutely NO changes can be made to the buildings, gardens or landscape. At the City's direction, Artist may keep artwork and supplies at the Mary Olsen Farm during the term of the agreement, but must ensure that Artists' possessions are put away and the area is clean after each visit. C. Understand that the artwork/music displayed/presented must be appropriate for the public realm. D. Partner with the City of Auburn to market and promote the performance and public engagement programs. Exhibits are publicized through city-generated press releases, printed materials, social media, and the City's web site at www.auburnwa.gov/arts. E. The Artist agrees to participate in the entire residency program including all events, the final performance, etc. No exceptions. Payments shall be contingent upon full participation in all phases of the contract. F. The Artist is welcome to have visitors during the residency, but must notify the farm caretaker of planned visitors and receive advance permission. G. Comply with all federal, state, and local laws. H. No pets are allowed. I. 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. This includes any damage caused to artwork while onsite during the Artist in Residence program. 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 Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 Artist hereby consents to photographs and all reproductions of the likeness, voice and activities of Artist and work created at the Mary Olsen Farm 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 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 Mary Olsen Farm 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 Artist in Residence Scope of Service in the total fixed amount of$3,500.00 (Three thousand five hundred dollars 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$750 will be paid by the City to the Artist after signing this Agreement, completion of Phase I, but after January 1, 2025. The second payment of$2,000 will be paid by the City to the Artist upon completion of Phase II as outlined in Article 1.1 A-C. The final payment of$750 will be paid by the City to the Artist upon completion of Phase III and the Scope of Service outlined in Article 1.1 D-E, including all Artist in Residence program requirements. 2.3 TAXES Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 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. 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 31, 2025; Artist participating in residency and associate programming from June 1 —July 31, 2025; Artist and City staff to determine date of final exhibition, artist talk and reception following the aforementioned residency dates. ARTICLE 4. INSURANCE The Artist shall procure and maintain for the period of time identified for Phase II of this Agreement, at its sole expense, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Artist. Artist's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Artist to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Artists shall obtain, a. Commercial General Liability insurance. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. b. Automobile Liability insurance. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Artist's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Artist's insurance and shall not contribute with it. The Artist's insurance shall not be cancelled by either party. Insurance is to be placed with an authorized insurer in Washington State. Upon request, Artist shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Artist before commencement of the work. ARTICLE 5. NON-DISCRIMINATION Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 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 6. 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, Jahnvi Madan Arts Program Supervisor Artist City of Auburn 13801 SE 52nd Place Parks, Arts & Recreation Bellevue, WA 98006 910 Ninth Street SE Telephone: 425-891-8091 Auburn,WA 98002 Email:jahnvi1001@live.com Telephone: 253-804-5043 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 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 Docusign Envelope ID:218C2740-D7A6-4C3B-90AB-B67D567B9206 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 (—Signed by By: 1 jaLui.W hot,d4A, Date: 4/8/2025 Print Name: Jahnvi Madan `81BDDEF0682E685 Address, phone, email: 13801 SE 52nd PL Bellevue WA 98006, 425-891-8091 ]ahnvi1001@live.com CITY Initial Ci rP ty of Auburn Signed by f�j 4/9/2025 Julie Krueger By: G Date: Print Name: `ECFw :64:Ima' Julie Krueger, Director of Parks, Arts and Recreation, City of Auburn