HomeMy WebLinkAboutSmothers, Kristen Artist Agreement - 1-8-24 ARTIST AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into between the City of Fresno,
a California municipal corporation (City), and Kristen Smothers, (Contractor
name) Kristen Smothers (Legal Identity).
RECITALS
Fresno City Council District 4 hereby engages Contractor to perform certain
services (Artwork) in connection with the District 4 Neighborhood Libraries.
Contractor is engaged in the business of furnishing such services as an artist and
hereby represents that it desires to and is professionally and legally capable of
performing the services called for by this Agreement; and
Contractor acknowledges that this Agreement is subject to the requirements of Fresno
Municipal Code Section 4-107.
AGREEMENT
1. General Description of Contractor's Work.
The Contractor will perform services as detailed in Exhibit A attached hereto and
incorporated herein by reference.
2. Contract Term and Extension.
Contractor agrees c mence performance of the Project Artwork pursuant to this
Agr a ❑nt on (date). The initial term of this Agreement ends
OL (date). Either arty may terminate this Agreement with seven days'
wri 7den notice.
3. Contractor's Compensation and Pa ment.
In consideration of the services provided, City agrees to pay Contractor $250 per library
for a total of 5 libraries for the tasks described in Exhibit A. The maximum
compensation paid to Contractor shall not exceed $1,250.
4. Contractor will provide an invoice to Ci for payment.
Invoices should be directed to Laura Garcia by email to laura. arcia fresno. ov.
5. Compliance With Governing Law.
Contractor shall comply with all federal, state and local laws, rules and regulations in its
pursuit hereof. No party in its performance of this Agreement shall employ
discriminatory practices on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex,
age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era.
6. Capacity of the Parties.
Each party is acting in an independent capacity. Nothing in this Agreement and nothing
in the course of dealings between the parties hereunder shall be deemed to create any
fiduciary relationship, trust, partnership, joint venture, agency or employment
relationship, jointly and severally. The parties further agree and acknowledge that each
party is solely
1
ALL-B Artist Agreement(11-2023)
responsible for determining the method and means by which it will fulfill its obligations
hereunder.
7. Indemnification.
Contractor shall indemnify, hold harmless and defend City and each of its officers,
officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage)
incurred by the City, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses),
arising or alleged to have arisen directly or indirectly from the negligent or intentional acts
or omissions, or willful misconduct of Contractor or any of its officers, officials, employees,
agents, or volunteers in the performance of this Agreement.
8. Attorney's Fees.
If a party is required to commence any proceeding or legal action to enforce or interpret
any term, covenant or condition of this Agreement, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
9. Assignment.
There shall be no assignment by Contractor of its rights or obligations under this
Agreement without the prior written approval of the other party. Any attempted
assignment by Contractor, its successors or assigns, shall be null and void unless
approved in writing by the City.
10. Waiver.
The waiver by any party of a breach by the other of any provision of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach of either the
same or a different provision of this Agreement. No provisions of this Agreement may be
waived unless in writing and approved by and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
11. Governing Law and Venue.
This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of California. Venue for purposes of the filing of any action regarding
the enforcement or interpretation of this Agreement and any rights and duties hereunder
shall be Fresno, California.
12. Severability.
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in this Agreement shall not affect the other provisions.
13. Representations and Warranties.
Each party hereby represents and warrants to the other party and agrees that it has the
full power and authority to enter into this Agreement and perform each of its obligations
hereunder, and it is legally authorized and has obtained all necessary regulatory
approvals for the execution, delivery, and performance of this Agreement.
ALL-B Artist Agreement(11-2023)
14. Entire Agreement.
It is mutually understood and agreed that the foregoing along with the attached exhibits
constitutes the entire Agreement between the parties. Any modifications or amendments
to this Agreement must be in writing signed by an authorized agent of each party.
15. Ownership of Intellectual Pro e
City does not claim ownership, copyrights, royalties, or other claims to artwork produced
as a result of participation in City's programs. However, the City reserves the right to
reproduce and use such materials for official, non-commercial purposes. This includes
the use of photographs, video/audio recordings, and written materials produced under
contract. City may include said materials in its archival collections, and publicity materials
(including website and newsletters) and may make them available to researchers and the
public for scholarly and educational purposes, including print and internet publications,
audio/visual presentations, and exhibitions.
Contractor shall execute the moral rights waiver in Exhibit B and all rights to the artwork
design and completed installation will become the property of the City. As a material
condition to this Agreement, Contractor understands and expressly agrees to waive their
moral rights to the Work, including any and all part of the artwork created pursuant to this
Agreement.
Contractor's Initials: KRS Date: 1/4/2024
16. Confidentiali .
Contractor shall comply with all applicable laws, rules, and regulations regarding the
confidentiality of the Participant's record and information.
[Signatures follow on the next page.]
ALL-B Artist Agreement(11-2023)
3
fIF1
1011
..- ' Mm
sl
1. R L JW9I
BLLCI _
n IIVCB;k
.Nees - -fir..-_ LA
*Noll
---�. h0 HOT .
BLOLK
IRiERS£C11C4
.''s k I iii _
4!R .
• Paint the road and add signage on the sidewalk and the area of this would be covering the distance of the
entrance to the exit of the parking lot. Similar to picture below:
• 'Stop Here when flashing sign' at both ends of the painted red lines in photo#1(at the top of page)
5TOP
• For morning drop-offs,we have a one way in a one way out drop off. Morning traffic often gets jammed because
cars block the entrance and exit. We were thinking of having signs preventing
the entrance and exits from being blocked.
IN WITNESS WHEREOF, the parties have caused these present to be signed on the day
and year indicated below,
CITY OF FRESNO Kristen Smothers
A California municipal corporation [Kristen Smothers]
B
By: r`f_
vie�!AqA-
er MaxW1
Council President Name: Kristen Smothers
Title: Artist
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ Pres. or Vice Pres.)
City or By:
Kristen Smothers
n ❑llet Date Name:
Supervising Deputy City Attorney Title: A i t
(If corporation or LLC., CFO,Treasurer,
ATTEST: Secretary or Assistant Secretary)
TODD STERMER, CMC
City Clerk REVIEWED BY:
By �Vd6a—&A,� f 2412n2-4
Date
Deputy
Addresses:
CITY: CONTRACTOR:
City of Fresno Krictan$mntharc [Contractor Name]
Attention:
14rW� !7,�I� Attention: [Name]
�A �i [Name]
p ,r Artist [Title]
{/ f [Title]
581 Pierce Drive [Street Address]
U� ���'L� r•1 � [Street Address]
Clovis CA 93612 [City, State Zip]
Fresno, CA�.�Zip]
Phone: (-,,5 )310-4836 [area code and#]
Phone: (559) 21m) #]
, E-mail:
Email: Mfick �VV. V
Attachments:
Exhibit A—Scope of Work
Exhibit B—Waiver of Moral Rights
ALL-B Artist Agreement(11-2023)
4
EXHIBIT A
SCOPE OF WORK
The Contractor understands and agrees to the following conditions in order to enter into
an independent contractor arrangement with the City of Fresno.
1. The Contractor will be responsible for completing 5 libraries approved by the City
of Fresno. The location is subject to change per the direction of the City of Fresno.
2. The Contractor is responsible for purchasing materials, equipment, and other
supplies needed to complete the project.
3. The Contractor is responsible for cleaning and prepping the identified
Neighborhood Library structure.
4. The Contractor will provide a final maintenance plan and receive approval from
Council District 4. This is not limited to best practices regarding graffiti prevention,
and abatement, paint types, coatings, and how to wash/clean.
5. The Contractor will complete the work within 90 days of the contract being fully
executed.
6. Council District 4 will coordinate the pick-up and drop off of the Neighborhood
Library structures at a date/time agreed to by the parties, which shall not exceed
a week from the completion of the Neighborhood Library Structures.
ALL-B Artist Agreement(11-2023)
5
EXHIBIT B
WAIVER OF MORAL RIGHTS
The Contractor understands and agrees to waive all rights to the artwork design and the
completed installation will become the property of the City of Fresno.
With respect to the Work enumerated below, the Contractor hereby expressly and forever
waives any and all moral rights and protections arising under 17 U.S.C. section 106A(a)
and California Civil Code section 987, and any other rights arising under U.S. federal or
state laws or under the laws of any other country that conveys rights and protections of
the same nature as those conveyed under 17 U.S.C. section 106A(a) and California Civil
Code section 987, or any other type of moral rights.
Description of the Final Artwork:
Title:
5 Neighborhood Libraries
[INSERT NAME OF ARTWORK HERE]
Size:
5' x 2' x2'
[INSERT SIZE OF ARTWORK HERE]
Category of Work: (Works of Visual Art) -
ainted structure
[MURAL, SCULPTURE, ETC.]
Project:
[INSERT NAME OF PROJECT HERE]
Installation Location:
[LOCATION, POST MILE, AND STATE HWY]
Year Final Artwork Created:
2024
[INSERT YEAR ART WAS CREATED HERE]
Artist (Contractor):
Kristen Smothers
[INSERT NAME OF ARTIST HERE]
Artist's (Contractor) Signature:
ALL-B Artist Agreement(11-2023)
6