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Home My WebLink AboutLOUIS RECCHIA & ZOA ACE - CONTRACT - AGREEMENT MISC - LOUIS RECCHIA & ZOA ACE JURORSGUEST JUROR AGREEMENT THIS AGREEMENT is made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and,LOUIS RECCHIA and ZOA ACE, hereinafter referred to as "Jurors". The Jurors have agreed to serve as Guest Jurors for the City of Fort Collins Lincoln Center's Juried Exhibition, scheduled for display from November 30, 2012, through January 5, 2013. In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: I . Scope of Duty. The Jurors agree to provide the following services • The Jurors will select artworks from a public call for entries done through CaFE and make a selection of works from invited artists. This work must be completed by October 25, 2012. • The Jurors will write a 300-500 word curatorial statement about the exhibition for the gallery brochure, publicity and other public documents and provide the statement to the City as a Word document by November 12, 2011. • After the installation is complete, the Jurors will select the award -winning artworks on an agreed upon date, and attend the Opening Reception on Friday, November 30, 5:00 — 7:00 p.m. to announce the award -winners. • All travel and lodging expenses are the responsibility of the Jurors. The City of Fort Collins Lincoln Center will have final approval of all artworks and participating artists. The City of Fort Collins reserves the right to reject any artwork, stop the process or cancel the exhibition. 2. Contract Period. This Agreement will be in effect from the date last signed below and will terminate on final payment to the Juror as described herein. The provisions of this Agreement that, by their sense and context, are intended to survive performance by either or both parties also survive the completion, expiration, termination or cancellation of this Agreement. 3, Early Termination by Citv. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Juror. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Jurors: City: With Copy to: Louis Recchia and Zoa Ace City of Fort Collins City of Fort Collins, P.O. Box 824 Attn: Ellen Martin Purchasing Berthoud, CO 80513 PO Box 580 PO Box 580 Standard Artist Services Agreement- rev07/09 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Jurors shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Jurors' obligations under this Agreement. Such payment shall be the Jurors' sole right and remedy for such termination. 4. Indemnity and Insurance. The Jurors shall be responsible for the quality, technical accuracy, timely completion and the coordination of all services rendered by the Jurors. The Jurors shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Jurors' negligent performance of any of the services furnished under this Agreement. The City of Fort Collins maintains property insurance coverage and is self -insured pursuant to resolution 88-1 with regard to public liability with limits in excess of $1,000,000 per occurrence. It is agreed and understood by the Jurors and the City that the Jurors shall carry sufficient insurance to cover any and all liabilities which may occur during the Juror's stay or performance 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Jurors a fixed fee in the amount of One Thousand Dollars ($1,000). Jurors have specified that this payment shall be made to Louis Recchia. Jurors must provide the City with a Social Security Number if the check is to be made payable to an individual. The fee will be mailed to Mr. Recchia in two Five Hundred Dollar ($500) installments, the first upon closing of the Call for Entries with CaFe, and the final payment after the Jurors' Duties are satisfactorily completed. 6. City Representative. The City will designate, prior to commencement of the work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations and other clarification or instruction shall be directed to the City Representative. 7. Independent Contractor. The services to be performed by Jurors are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Juror's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of Louis Recchia and Zoa Ace and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Jurors shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. Standard Artist Services Agreement- rev07/09 2 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 12. Force Majeure. in the event that the performance of any covenants(s) of this Agreement shall be prevented by weather, an act of God, physical disability, acts or regulations of public authorities or labor unions, labor difficulties, strike, civil tumult, war, epidemic, interruption of transportation or any other proven cause beyond their control, Jurors and the City of Fort Collins shall respectively be relieved of their obligations stated in this contract 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Jurors represents and agrees that: a. As of the date of this Agreement: 1. Jurors do not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Jurors will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Jurors shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. Standard Artist Services Agreement- rev07/09 3 C. Jurors are prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Jurors obtain actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Jurors shall: 1. Notify such subcontractor and the City within three days that Jurors have actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Juror shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Jurors shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Jurors violate any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Jurors shall be liable for actual and consequential damages to the City arising out of Jurors' violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Jurors violate this provision of this Agreement and the City terminates the Agreement for such breach. THE CI OF FORT COLLINS, COLORADO B J es B. O'Neill 11, CPPO, FNIGP hector of Purchasing & Risk Management DATE: / �' 6 ATTEST \SY OF`� City Clerk ' ;O ,r APPRO CORM: o :_ AssistahMity Aftomey qO0 Standard Artist Services Agreement- rev07/09 JUROR: Louis RecchiaK Zoa Ace Date:c L Federal ID Number or SSN: STATE OF 0010r-a D) / c u t s Rc ccn ( J ) ss. IaorwG Reccti;c COUNTY OF C_v(' ZZ)a 4te) The foregoing instnjWe nt was acknowledged before me this a7 I day ofcS4,0/t4v,&f20l l by Louis Recchia and izoa AeDelaorc,,l-1 (Zecchia. (Zoo- Ace Witness my hand and official seal ``�.�x 0%E F/ti0 ��''� My commission expires: 3 �3-13 ��' S) 3 j %OTARY Nd ublic o �.� '�UBLIC� o 11:1 Standard Artist Services Agreement- rev07/09