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HomeMy WebLinkAboutWALTER MCCONNELL - CONTRACT - AGREEMENT MISC - WALTER MCCONNELLStandard Artist Services Agreement- rev07/09 1 GUEST ARTIST 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 Walter McConnell, hereinafter referred to as "Artist". The Artist has agreed to create a “wet clay” installation for the Contemporary Ceramics exhibition at the Lincoln Center scheduled for September 9 – October 29, 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 Artist agrees to provide the following services  The Artist will create and install a “wet clay” artwork during the week of Monday, September 5 through Thursday, September 8, daily between 8am and 6pm, at the Lincoln Center Art Gallery.  The City of Fort Collins will provide clay for the installation made by students in the CSU Ceramics Department.  The City will provide materials and supplies required for building a display for the artwork.  The City will provide student assistants for the installation period.  The City will reimburse the Artist for round trip economy airfare and airport shuttle from receipts for a maximum up to $750.  The City will arrange and provide hotel lodging for 7 nights, September 4-10, at the Armstrong Hotel in Fort Collins.  Artist agrees to allow the installation to be video-recorded for public use by the Fort Collins Lincoln Center.  The Artist agrees to allow the public to photograph the artwork, and for photographs of the artwork to be used for promotional purposes.  The Lincoln Center will dismantle the artwork and return the clay for recycling to the CSU Ceramics Department upon the close of the exhibition. 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 Artist 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 Artist. 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: DocuSign Envelope ID: 614B883B-221C-49F7-92F5-BD7CB25BFBFF Standard Artist Services Agreement- rev07/09 2 Artist: Walter McConnell 5800 White Road Belmont NY 14813 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 In the event of any such early termination by the City, the Artist shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Artist’s obligations under this Agreement. Such payment shall be the Artist’s sole right and remedy for such termination. 4. Indemnity and Insurance. The Artist shall be responsible for the quality, technical accuracy, timely completion and the coordination of all services rendered by the Artist. The Artist 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 Artist’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 Artist and the City that the Artist shall carry sufficient insurance to cover any and all liabilities which may occur during the Artist’s stay or performance. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Artist a fixed fee in the amount of One Thousand Five Hundred Dollars ($1,500.00) plus an 8-day per diem allowance of Four Hundred and Twenty Dollars ($420). Artist 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 Walter McConnell_ in one installment, after the Artist’ 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 Artist 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 Artist'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 _Walter McConnell_ and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Artist 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 DocuSign Envelope ID: 614B883B-221C-49F7-92F5-BD7CB25BFBFF Standard Artist Services Agreement- rev07/09 3 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 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, Artist 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., Artist represents and agrees that: a. As of the date of this Agreement: 1. Artist does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Artist 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. Artist 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. DocuSign Envelope ID: 614B883B-221C-49F7-92F5-BD7CB25BFBFF Standard Artist Services Agreement- rev07/09 4 c. Artist 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 Artist obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Artist shall: 1. Notify such subcontractor and the City within three days that Artist 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 Artist 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. Artist 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 Artist 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, Artist shall be liable for actual and consequential damages to the City arising out of Artist’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Artist violate this provision of this Agreement and the City terminates the Agreement for such breach. DocuSign Envelope ID: 614B883B-221C-49F7-92F5-BD7CB25BFBFF Standard Artist Services Agreement- rev07/09 5 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney ARTIST: __________________________________ Walter McConnell DocuSign Envelope ID: 614B883B-221C-49F7-92F5-BD7CB25BFBFF 8/15/2016