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HomeMy WebLinkAboutMoses-Jenkins, Katie Artist Agreement - 1-11-24 ARTIST AGREEMENT THIS AGREEMENT (Agreement) is made and entered into between the City of Fresno, a California municipal corporation (City), and Katie Jenkins-Moses (Contractor name) Kathryn Jenkins-Moses (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 o ++co mence performance of the Project Artwork pursuant to this AgMTUt t on '6 i (date). The initial term of this Agreement ends 1 (date). Either party may terminate this Agreement with seven days' written notice. 3. Contractor's Compensation and Pa meet. 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 12rovide an invoice to City for payment. Invoices should be directed to Laura Garcia by email to (aura. 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 ALL-B Artist Agreement(11-2023) 1 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) 2 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 Property. 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: KJ Date: 1/8/2024 16. Confidentiality. 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 IN WITNESS WHEREOF, the parties have caused these present to be signed on the day and year indicated below, CITY OF FRESNO [Contractor Name] A California municipal corporation [legal identity] By- 4&)0 By: 99 LRe l ax I a. Name: Kathryn Jenkins-Moses Council President Title: Artist APPROVED AS TO FORM: (If corporation or LLC., Board Chair, ANDREW JANZ Pres. or Vice Pres.) City r y '��] By: By: Name: Kathryn Jenkins-Moses MjV Brandon M. Collet ate Supervising Deputy City Attorney Title: Artist (If corporation or LLC., CFO, Treasurer, ATTEST: Secretary or Assistant Secretary) TODD STERMER, CMC City Clerk REVIEWED BY. By: 2H Date Deputy Addresses: CITY: CONTRACTOR: City of Fresno Ka1hryn,fenkins-Moses [Contractor Name] _-�Iiention: Attention: Katie Jenkins-moses [Name)tiler VAM( [Name] Artist [Title] [�,�, �� � itle] 635 E Peralta Way [Street Address] NCO Q� �S' Street Address] Fresno, CA, 93704 [City, State Zip] Fresno, CA C3zip] 559-960-7043 ��}r� Q�� Phone:._ [area code and#] Phone: (559)U 1 J J y u i E-mail: kat.jen.mos@gmail.com Email t 0&5-rp- Attachments: J 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: Neighborhood Libraries [INSERT NAME OF ARTWORK HERE] Size: N/A [INSERT SIZE OF ARTWORK HERE] Category of Work: (Works of Visual Art) - Public Sculpture [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): Kathryn Jenkins-Moses [INSERT NAME OF ARTIST HERE] Artist's (Contractor) Signature: ALL-B Artist Agreement(11-2023) 6