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HomeMy WebLinkAboutDURAN, KIMBERLY-2017INSURANCE NOT REQUIRED �(� vvngK Aenv PRfVFFQ1 CSP Q.LkRw' k.PfI,? DATE:, "ey 2 0 2011'` 0:CDA (1) Gabriela Cramer N-2017-240 Downtown Restroom Artwork Project City of Santa Ana ARTIST AGREEMENT This agreement is made and entered into this 10th day of 2017, by and between the City of Santa Ana, a charter municipal corporation (hereinafter "City"), and Kimberly Duran (hereinafter selected to create artwork for the Downtown Restroom Artwork Project. October, city and "Artist") In consideration of the promises contained herein, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: A. Project Artist will create (1) piece(s) of artwork to submit to the City. The title(s) of the artwork are attached as Exhibit A to this Agreement, and incorporated herein by this reference. 2. Artist will not be required to physically paint, alter or provide any form of creative work to the location site for the Project. Work provided by the artist will be created at the artist's location or studio. 3. All work will be submitted to the City in a digital format, including but not limited to, size of file, resolution, image file format (i.e..png, .jpeg, .tif, .gif, etc.), as requested by the City at the time of assignment. The work will be due within (3) week(s) of the start of the assignment. 4. City will receive the digital work and assign a third party vendor to transfer the image to a vinyl wrap. The final version of the completed vinyl wrap may be subject to slight revisions to meet vendor specifications with respect to image quality. The vinyl wrap will be installed, maintained, repaired and removed by the City. 5. Artist recognition via signature on the work may be no larger than 3" x 5". Subject to the sole interpretation of the City, artwork may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. Artwork may not include any breach of intellectual property, trademarks, brands, or images of illegal activity. 8. City plans to display the artwork for a period of between six (6) to twelve (12) months, but the artwork may be displayed for more or less time at the sole discretion of the City. B. Property Rights The Artist hereby waives any legal rights under Federal, State, local, and/or Administrative law to maintain the artwork upon City property. The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the vinyl wrap at the restroom site location, components of the restroom site, or the artwork, if necessary, without compensation or notice to the artist. 2. The Artist grants to the City a lifetime non-commercial license regarding the work(s) listed in Exhibit A. The City shall have the rights to use any images, photographs or video of the artwork and the installation process for publicity or promotional purposes and Artist agrees that the work product created by the City for these purposes shall remain the sole property of the City. C. Payment The City will compensate the Artist in the amount of two hundred and fifty dollars ($250) for each transmitted digital image. The Artist will receive payment for each transmitted digital image within 30 -days of submitting the digital image of the artwork to the City. Payment need not be made for work which fails to meet the standard of performance and requirements specified in this Agreement. D. Indemnity and Release of Liability Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City. Artist's obligations shall survive the termination of this Agreement. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation of the artwork. 2 E. Termination The City may terminate this Agreement at any time for any reason. If the Agreement is terminated by the City after the submission of the artwork in digital format to the City, Artists shall be entitled to the compensation detailed in section C, minus any offset representing the City's damages should termination result from Artist's breach of contract. Artist hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. F. General Terms 1. Artist and any of the Artist's agents, employees or representatives are, for all purposes under this agreement, independent contractors and shall not be deemed to be employees of the City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 2. Neither party shall assign any rights or obligations under this Agreement Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 5. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 6. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. [signature page to follow] N-2017-240 IN WITNESS WHEREOF, the parties hereto have executed this Artist Agreement the date and year first above written. ATTEST: �... ��. �..� / i.6�1iosn„ to APPROVED AS TO FORM: SONIA R. CARVALHO City By: Rya Ass "ARTIST" By: 1k; VCU eta A' J Title: If 4S CITY OF SANTA ANA RAULGODINEZT r City Manager Recommended for Approval: Robert Zur Schn le Executive Director Community Development Agency Description: "Respirar Lucha" by Kimberly Duran Original Acrylic and Aerosol on canvas 2.5ft x 3.5ft My goal was to paint a portrait that will represent Persistence and Beauty with hopes that it will fuel my community in a positive way. This portrait represents an homage to Frida Kahlo as a person of color. I wanted to find beauty in her actual being, therefore I choose to utilize the diverse color spectrum and remove the "color of skin" with hopes to see past ethnicity and see past race and really paint her in all her beauty, and capture her culture of the soul she had that was able to create such beautiful works in all the pain and sorrow that she lived in. As a being of color that persisted and never gave up no matter what life threw at her. With that, adding a pink lotus, a representative of creation, enlightenment, and purity. The lotus flowers emerge slowly from dirty, muddy ponds over a period of a few days, and open all in the morning, and close their petals in the late afternoon. Despite, emerging from such a muddy and dirty environment, the lotus flower remains clean and beautiful. I paint colorful beings in a more organic form. Utilizing colors and energies that become a part of their essence and demonstrate their beauty and connection with beings from the Earth.