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HomeMy WebLinkAboutRAY MARK RINALDI - CONTRACT - AGREEMENT MISC - RAY MARK RINALDIStandard Juror Services Agreement- rev07/09 1 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 RAY MARK RINALDI, 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 _April 15, 2016__, through _May 28, 2016_. In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. 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 __March 4, 2016___.  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 __March 25, 2016__  After the installation is complete, the Juror will select the award-winning artworks on an agreed upon date, and attend the Opening Reception on __April 15, 2016_, at __6- 8pm___ to announce the award-winners.  All travel and lodging expenses are the responsibility of the Juror.  The Juror will present a “Gallery talk” of 45-60 minutes at the Lincoln Center on April 15, 2016, 5-6pm. The City of Fort Collins reserves the right to reject any artwork, stop the process or cancel the demonstration. 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: Ray Mark Rinaldi 1230 Ivy St. Denver, CO 80220 City: City of Fort Collins Attn: Ellen Martin PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins, Attn: Purchasing PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 7B1B84A5-5D98-42E0-A463-90B5D49AF430 Standard Juror Services Agreement- rev07/09 2 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 sliding fee based on the number of entries received, as follows: $500 to jury up to 600 entries, plus $100 for each increment of 150 additional entries received, plus an additional $250 to present a Gallery Talk. 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 _Ray Mark Rinaldi_ after the Juror’ 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 Juror 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 Ray Mark Rinaldi 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 party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. DocuSign Envelope ID: 7B1B84A5-5D98-42E0-A463-90B5D49AF430 Standard Juror Services Agreement- rev07/09 3 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 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: DocuSign Envelope ID: 7B1B84A5-5D98-42E0-A463-90B5D49AF430 Standard Juror Services Agreement- rev07/09 4 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 OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul, Director of Purchasing DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney JUROR: __________________________________ Ray Mark Rinaldi DocuSign Envelope ID: 7B1B84A5-5D98-42E0-A463-90B5D49AF430 2/10/2016