HomeMy WebLinkAbout531794 CECILY CULLEN - CONTRACT - AGREEMENT MISC - CECILY CULLENj(3G30
Fort Collins
MEMORANDUM
DATE: November 12, 2013
TO: Ingrid Decker, City Attorney's Office
City Clerk's Office
FROM: Ellen Martin, Lincoln Center
RE: Lincoln Center Guest Juror Agreement — Art Gallery
Cultural Services
Art in Public Places
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.416-2789
970.221-6373 — fax
w lcgov.com/artspublic
Attached is the Lincoln Center Agreement for Cecily Cullen to be a guest juror for the
Lincoln Center "No Place Like Home" exhibit. The contract is for a $500 honorarium.
Ingrid Decker:
Please send the signed contracts to the City Clerk's Office.
City Clerk:
Please have Gerry S. Paul sign the one contract and I will send a copy to the juror.
If you have any questions, please call me at #2789.
GUEST 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 CECILY CULLEN, hereinafter referred to as 'Juror".
The Juror has agreed to serve as Guest Juror for the City of Fort Collins Lincoln Center's
Juried Exhibition, scheduled for display from December 6, 2013, through January 11, 2014. In
consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Duty. The Juror agrees to provide the following services
• The Juror will select artworks from a public call for entries and make a selection of
works from artists' entries. This work must be completed by October 30, 2013.
• The Juror will write a 250-500 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 15, 2013.
• After the installation is complete, the Juror will select the award -winning artworks on an
agreed upon date, and attend the Opening Reception on Friday, December 6, 2013, 5:00
— 7:00 p.m. to announce the award -winners.
• All travel and lodging expenses are the responsibility of the Juror.
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 City. 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:
Juror:
City:
With Copy to:
Cecily Cullen
City of Fort Collins
City of Fort Collins ,
Center for Visual Art
Attn: Ellen Martin
Purchasing
965 Santa Fe Drive
PO Box 580
PO Box 580
Denver, CO 80204
Fort Collins, CO 80522
Fort Collins, CO 80522
Standard Artist Services Agreement- rev07/09
In the event of any such early termination by the City, the Juror shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Juror's obligations under this Agreement. Such payment shall be the Juror's sole right and
remedy for such termination.
4. Indemnity and Insurance. The Juror shall be responsible for the quality, technical
accuracy, timely completion and the coordination of all services rendered by the Juror. The
Juror 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 Juror's
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 Juror and the City that the Juror 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 Juror a fixed fee in the amount of Five Hundred Dollars
($500). Juror 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 Ms. Cullen in two Two Hundred Fifty Dollar
($250) installments, the first upon closing of the Call for Entries, 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 Cecily Cullen and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Juror 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.
10. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either parry should fail or refuse to perform
Standard Artist Services Agreement- rev07/09
2
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 party'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, Juror 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., Juror represents and agrees that:
a. As of the date of this Agreement:
1. Juror does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Juror 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. Juror 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.
C. Juror is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Standard Artist Services Agreement- rev07/09
3
Agreement is being performed.
d. If Juror obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Juror shall:
1. Notify such subcontractor and the City within three days that Juror has
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. Juror 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 Juror violates 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, Juror shall be liable for actual and consequential damages to
the City arising out of Juror's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Juror violate this
provision of this Agreement and the City terminates the Agreement for such breach.
THE CITY O T INS, COLORADO
By:
Paul
Director of Purchasing and Risk Management
TE: 11 1 S"
ATTEST:
SEAL
City Clerk
APP VE T FORM:
AssikBXt Ci Attorney
Standard Artist Services Agreement- rev07109
Date: /' � . /./
Federal ID Number or SSN: l7�- 0-251&
STATE OF
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COUNTY Oki\ )t =,
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The foregoing instrument was acknowledged before me this a3 day of , 2011 .by Cecily
Cullen
Witness my hand and official seal
My commission expires:
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Standard Artist Services Agreement- rev07/09