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HomeMy WebLinkAbout2025-0592 - - Jan Hoy - Centennial Viewpoint Park Finalist Agreement - Docusign Envelope ID:C36B892B-225D-47E5-B6C2-45E99DD68ABB AGREEMENT FOR ARTISTIC SERVICE Between The City of Auburn And Jan Hoy This Agreement for Artistic Service (Agreement) is made and entered into this 8th day of December , 2025, by and between The City of Auburn("City"), a municipal corporation organized under Title 35A of the Revised Code of Washington, and Jan Hoy("Artist") for the purpose of reviewing Artist's preliminary ideas for a public art installation at Auburn's Centennial Viewpoint Park. WHEREAS, the City seeks to commission a public art installation at Centennial Viewpoint Park("Project") for the purpose of park revitalization and community enhancement; and WHEREAS, the City wishes to consider ideas at an interview with the Artist for the Project, including,but not limited to, presentation of concept sketches, opportunities, ideas, and presentation of past artwork and projects. NOW, THEREFORE, in consideration of their mutual promises set out in this Agreement, Artist and the City agree as follows: 1. Term of Agreement The term of this Agreement shall commence on the date of signature by Artist and shall terminate on the completion of the services described herein, or December 9, 2025, whichever occurs first. 2. Scope of Services by Artist Artist shall provide initial ideas for the project: how art might live in, shape and enliven the park. Presentation of preliminary proposal, 2-4 concept sketches, associated images, and any other visuals needed to convey the artwork. 3. City Obligations The City shall provide the following: 3.1. Background information of the location where the selected Project will be installed. 3.2. Access to City staff, agents, contractors, and representatives involved with the Project for research, context, and comments from the selection committee. 4. Compensation Page 1 of 4 Docusign Envelope ID:C36B892B-225D-47E5-B6C2-45E99DD68ABB Upon completion of the services described in Section 2, the City shall pay Artist the sum of five-hundred dollars ($500.00) as compensation for Artist's performance of the services described therein. 5. Indemnification 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, including,but not limited to any patent, trademark, or copyright infringement arising out of the performance and obligations contained in this Agreement on the part of Artist, its agents, representatives and employees, if any, except where such claims arise solely from the negligence of the City, its agents,representatives or employees. 6. Independent Contractor Status Artist shall perform the services described in this Agreement as an 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. 7. Agreement Interpretation 7.1. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. 7.2. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement,this Agreement having been drafted by mutual agreement of the parties. 8. Records All documents, reports, memoranda, diagrams, sketches,plans, surveys, design calculations, working drawings, and any other materials created or otherwise prepared by the Artist as part of his or her performance of this Agreement shall remain property of the Artist. 9. Conflict of Interest Cancellation The City may, in its sole discretion, by written notice to Artist, immediately terminate this Agreement if it is found after due notice and examination by the City that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW. 10. Force Majeure Page 2 of 4 Docusign Envelope ID:C36B892B-225D-47E5-B6C2-45E99DD68ABB No party to this Agreement shall be held responsible for delay or default caused by terrorism, natural disasters, riots, acts of god and/or war that is beyond the reasonable control of the parties. 11. Severability Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 12. Assignment No party to this Agreement shall assign any right or obligation in this Agreement, in whole or in part, without the prior written consent of the other parties, and any such assignment shall not be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 13. Integration & Binding Effect 13.1. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the parties and no other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 13.2. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties and their respective successors and assigns, provided that this Section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. 13.3. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including contractors, subcontractors, or their sureties. 14. Choice of 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 of the county in King County,Washington. 15. Signature Authority This Agreement may be executed in counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Page 3 of 4 Docusign Envelope ID:C36B892B-225D-47E5-B6C2-45E99DD68ABB IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN ARTIST "—Initial Signed by: Hafi• igned by: Pt NUf �°U G I� �{01 h U/OU4LIIU4L "-U4/U/JbUVJbl44h. Julie Krueger, city of Auburn Parks & Recreation Director Artist Tax ID# Date: 12/8/2025 Date: 12/5/2025 Page 4 of 4