HomeMy WebLinkAboutCASTRO, JOSEPH A. 1A-2015Utility Box Art Pilot Project
ARTIST AGREEMENT
A -2015- 299 -01
This agreement is made and entered into as of December 16, 2015, by and between
the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "), and
Joseph A. Castro (hereinafter "Artist ") selected to participate in the Downtown Utility
Box Art Pilot Project.
In consideration of the promises contained herein, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
A. Preparation
1. The Artist shall attend a mandatory pre - installation meeting with the City prior to
starting work. During this meeting City staff will identify any electronics,
equipment, and other facilities on the exterior of the utility box which shall not be
painted, indudsng:
a. Official plaques, stickers, or identification numbers
b. Keyholes, or keyhole covers
c. Vents or viewports
2. The proposals were presented on November 19, 2015 to the Arts & Culture
Commission, and the top seven (7) projects were selected. City Council
approved the projects on December 15, 2015.
3. The Artist will have the responsibility for any cleaning, prepping and priming prior
to painting.
B. Materials
1. Artist will use paint type and paint products recommended by the City which are
the following:
a. Paint Type: Premium high solids 100% acrylic latex waterborne exterior
wall and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil
dry thickness per coat.
b. Paint Products (in recommended order):
i. Nova Color (available in wholesale at: www.novacolorpaint.com
ii. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
iii. Frazee #126 Mirro Glide Low Sheen Acrylic Latex
iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
(0,4 y l% ICU[ e IT"
2. Artist will purchase the needed paint and supplies, including paintbrushes, paint
rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for
blending /mixing pain. Artist must provide his /her own additional supplies if
needed.
C. Project
1. Artist will paint the utility box assigned to them by the City, and nothing more.
Painting of the box must be started on January 15, 2016, and must be completed
by March 13, 2016. Painting may only occur during the hours of 7 a.m. to 7 p.m.
A minimum sidewalk clearance of four feet must be adhered to at all times.
2. Artwork must include all visible sides of the utility box including the top.
3. The Artist shall provide for City maintenance, operations, and emergency access
to their respective utility box at all times.
4. Artist recognition via signature on the utility box may be no larger than 3" x 5 ".
5. Artwork may not contain advertising, religious art, sexual content, negative or
violent imagery, convey political partisanship or include any hidden, subliminal or
camouflaged messages or statements of any kind or nature.
6. Artwork may not include any breach of intellectual property, trademarks, brands,
images of illegal activity or involve the attachment of any objects to the box.
7. The Artist shall ensure that any areas utilized for the project are maintained and
restored to a well- maintained, safe, sanitary, and clean condition, and kept free
of any hazardous waste at all times. All equipment associated with the
installation of the artwork, trash and debris shall be removed and cleaned up on
a daily basis. Artist shall place a drop cloth or similar barrier on the ground below
the artwork while installation is underway, which barrier shall be removed each
day upon completion of an installation session.
D. Property Rights
1. The Artist hereby waives any legal rights under Federal, State, local, and /or
Administrative law to maintain the artwork upon City property. The completed
work will be the property of the City, which retains the sole and absolute right and
discretion to remove, modify, or replace the utility box, components of the utility
box, or the artwork if necessary without compensation or notice to the artist.
2. The Artist grants the City the right to use any images, photographs or video of
the artwork and the installation process for publicity or promotional purposes and
agree that the results of such activity shall remain the sole property of the City.
2
E. Payment
The City will reimburse the Artist for the cost of paint and paint supplies not to
exceed two- hundred dollars ($200). The Artist must fill out and submit a
reimbursement form, attached hereto and incorporated herein as Exhibit A, within
30 -days of completing the work. Receipts for the purchased items must be
included with the reimbursement form. Artists will receive a reimbursement
check within 30 days of submitting an approved request for reimbursement.
F. Indemnity and Release of Liability
1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected
and appointed officers, employees, members or agents from and again all claims
for damages, liability, cost and expense (including without limitation attorney's
fees) arising out of or alleged by third parties to the by the result of the negligent
acts, errors or omissions or the willful misconduct of the Artist, and Artist's
employees, subcontractors or other persons, agencies or firms for whom Artist is
legally responsible in connection with the execution of the work covered by this
agreement. Artist shall have no duty to indemnify or hold harmless the ('i +" if
claims, damages, liability, costs, expenses (including without limitation, attorney's
fees) arise from the sole negligence or sole willful misconduct of the City
subsequent declaration by the Artist. Artist's obligations shall survive the
termination of this Agreement.
2. Artist agrees to hereby fully release and forever discharge the City from any and
all claims, demands, damages, losses, and liabilities (hereinafter collectively
referred to as "claims "), which are or may be related to or in any way connected
with the negligence or willful misconduct of its officers, officials, employees, or
agents in connection with the creation, painting or installation of the artwork.
3. To protect the City, Artist shall execute a Release of Liability before participating
in the Utility Box Art Pilot Project. A true and correct copy of the Release of
Liability form is attached hereto as Exhibit B and incorporated herein by this
reference. All terms and requirements of the Release of Liability shall be
enforceable in addition to all terms and requirements of this Agreement.
G. Repairs
1. If any component of the City's traffic signal system is damaged as a result of the
artists' work, the artist shall arrange for a licensed contractor to repair the
damage at the artists' sole expense.
2. The artist has the first option to repair artwork if damaged. The City may repair,
remove or modify damaged artwork if Artist is unavailable.
3
H. Termination
1. The City may terminate this Agreement at any time for any reason. If the
Agreement is terminated by the City after the painting of a utility box has
commenced, Artists shall be entitled to reasonable compensation for work
performed to date, minus any offset representing the City's damages should
termination result from Artist's breach of contract. Artist hereby expressly waives
any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
1. General Terms
1. Artist is not and any of the Artist's agents, employees or representatives are, for
all purposes under this agreement, an independent contractor and shall not be
deemed to be an employee of the City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, work's compensation benefits, injury leave or other
leave benefits.
2. Neither party shall assign any rights or obligations under this Agreement.
3. Each party covenants that it presently has no interests and shall not have
interests, direct or indirect, which would conflict in any manner with performance
of services specified under this Agreement.
4. Each party warrants that they have executed this Agreement knowingly, freely
and voluntarily and with full knowledge of its legal consequences. All parties
involved warrant and represent that, prior to executing this Agreement, each
party has had the opportunity to review and consider this matter with legal
counsel, and that the terms of this Agreement, and its consequences, are fully
understood by each party.
5. This Agreement represents the entire agreement and understanding between the
parties, and supersedes any and all prior agreements and understandings
between the parties, whether oral or written.
6. Each undersigned represents and warrants that its signature herein below has
the power, authority and right to bind their respective parties to each of the terms
of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attq �hy, A
go
Ryan Ho
Assist t Cit Attorney
"ARTIST"
By: �1a5��
Title: 44pt
/t ' °� ai ,C� l Sze,
5
CITY OF SANTA ANA
l
DAVI CAVAZOS
City Manager
Recommendgd for Approval:
Kelly Reende�
Executive Dir or
Com iunity Development Agency
Utility Box Art Pilot Pro
Personal Information (Please print)
RELEASE FROM LIABILITY
Full Name: ,)o5elb 4dre•w 6-9 yo
City of Santa
Address: &vt6j �w
City: State: C4 zip: y7ob
Emergency Contact: 15e6 A4k,,,,,, U,4ro �r-.
Social Security No.:
Waiver and Liability Release
I have read and understand the Artists Agreement and will adhere to the rules and regulations
set forth wherein and act in a respectful manner while representing the City of Santa Ana. I
assume the responsibility of mental and physical fitness to participate in the assignment, and
agree to abide by all rules and requirements of the program. I also understand that failure to
abide by the above may lead to my termination from the program.
I understand that I am not considered an employee of the City of Santa Ana for purposes of
Workers' Compensation, but that the City provides volunteer accident insurance in excess of
any other medical insurance I may have. I agree to comply with the City's policy regarding any
injuries I incur while under the City's supervision.
I agree to hold harmless the City of Santa Ana, its officers, employees and volunteers from and
against any and all liability arising out of or in any way connected with my participation in the
program. This release shall apply even though liability may arise out of negligence or
carelessness on the part of those discharged including their employees, agents and volunteers.
This waiver and liability release shall apply to myself, as well as any of my heirs, executors or
administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and
have signed this document as my own free act.
I have fully informed myself of the contents of this release by reading it before I signed it. I
realize that by signing this document I am giving up legal rights to which I may be entitled.
S nature
Of/1 %
Date
J,k�y�w l c 5�ro
Printed Name