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HomeMy WebLinkAboutBARBARA ASSEJEW - CONTRACT - AGREEMENT MISC - BARBARA ASSEJEWCity of Fort Collins MEMORANDUM DATE: September 24, 2013 TO: Ingrid Decker, City Attorney's Office City Clerk's Office FROM: Ellen Martin, Lincoln Center RE: Art in Public Places Contract Cultural Services Art in Public Places Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.416-2789 970.221-6373 — fax www. fcgov.com/artspublic Attached is the Lincoln Center Contract for Barbara Assejew to be a guest lecturer for the Lincoln Center ArtWear Fashion Week event. The contract is for up to $900 honorarium/travel fee plus 50% of the workshop fees. 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 artist. If you have any questions, please call me at #2789. GUEST LECTURER 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 BARBARA ASSEJEW, hereinafter referred to as "Lecturer". The Lecturer has agreed to serve as Workshop Leader and Lecturer for the City of Fort Collins Lincoln Center's ArtWear Fashion Week, scheduled for September 22nd, 2013, 10:00 a.m. — 2:00 p.m., and 3:00 — 3:45 p.m. 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 Lecturer agrees to provide the following services: • Present a 4-hour workshop including a 30-minute slide presentation about her current artwork and techniques; a 60-90 minute hands-on workshop in which students will create a scarf using "Amber Studios" original techniques (Artist will provide materials); a 60- minute slide lecture about her experience in the New York fashion world, the transformation to her current work and philosophy and her experience with her Etsy business; a 60 minute lunch break. • Present a 45 minute demonstration at KnitWear Fiber Arts Market 2. Contract Period. This Agreement will be in effect from the date last signed below and will terminate on final payment to the Lecturer 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 Lecturer. 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: Lecturer: City: With Copy to: Barbara ASSEJEW City of Fort Collins City of Fort Collins , 170 Victor St. Attn: Ellen Martin Purchasing Scotch Plains, NJ, 07076 PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Lecturer shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Lecturer's obligations under this Agreement. Such payment shall be the Lecturer's sole right and remedy for such termination. 4. Indemnity and Insurance. The Lecturer shall be responsible for the quality, Standard Artist Services Agreement- rev07/09 1 technical accuracy, timely completion and the coordination of all services rendered by the Lecturer. The Lecturer 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 attorney's fees, arising directly or indirectly out of the Lecturer'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 Lecturer and the City that the Lecturer shall carry sufficient insurance to cover any and all liabilities which may occur during the Lecturer's stay or performance. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Lecturer a fixed fee in the amount of Three Hundred Dollars ($300), plus 50% of the workshop fee charged to customers after the first six students. The fee will be mailed to the Lecturer in one Three Hundred Dollar ($300) installment, after the Lecturer's Duties are satisfactorily completed. The City agrees to also reimburse the Lecturer for airline travel expenses and round-trip airport shuttle up to a total amount not to exceed $550. Payment will be by City of Fort Collins check, payable to Lecturer. Lecturer must provide the City with a federal tax ID number, or a social security number if the check is to be made payable to an individual, in order for the City to issue payment. The City will provide lodging for three nights from September 20`h — 22"d for the Lecturer. 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 Lecturer 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 Lecturer'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 Barbara Assejew and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Lecturer 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 party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. Standard Artist Services Agreement- rev07/09 2 1 l . 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 Maieure. 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, Lecturer 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., Lecturer represents and agrees that: a. As of the date of this Agreement: 1. Lecturer does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Lecturer 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. Lecturer 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. Lecturer is 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 Lecturer obtains actual knowledge that a subcontractor performing work under Standard Artist Services Agreement- rev07109 3 this Agreement knowingly employs or contracts with an illegal alien, Lecturer shall: 1. Notify such subcontractor and the City within three days that Lecturer 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 Lecturer 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. C. Lecturer 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 Lecturer 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, Lecturer shall be liable for actual and consequential damages to the City arising out of Lecturer's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Lecturer violate this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY Of 1/"ORT�COLfjfN5,, COLORADO By: / ry (, J Gerry Paul Director of Purchasing & Risk Management DATE: l o ?AI ATTEST Clerk APPR T ORM: AssistaRt Ultyadtorney Standard Artist Services Agreement- rev07/09 4 Federal ID Number or SSN: STATE OF ) ssT� COUNTY OF The foregoing instrument was acknowledged before me this day of ? 12013 by BARBARA ASSEJEW Witness my hand and official seal My commission expires: Notary Public RUNA KUTTf ` Notary public stete of New Jersey 75 Y018 My Commission �jpires Ma"