HomeMy WebLinkAboutContracts & Agreements_251-2019ARTWORK DISPLAY AGREEMENT
This agreement for the dispaly of artwork ("Agreement") is made and entered into this
17th day of December, 2019 (Effective Date), by and between the City of Redlands, a municipal
corporation ("City"), and Steven L Rieman ("Artist") City and Artist are sometimes
individually referred to herein as a "Party" and, together, as the "Parties "
RECITALS
WHEREAS, in support of the City's Art in Public Places program, City's Cultural Arts
Commission ("Commission") has considered the submission of various artworks for the purpose
of dispaly within the City, and
WHEREAS, the Commission has selected an artwork ci eated by Artist, titled "Mohave
Sails" (the "Artwork"), as depicted in Exhibit "A" attached hereto,
WHEREAS, the Commission has recommended to the City Council of the City of
Redlands that the Artwork be displayed within City's median on Brookside Avenue, between
Grant Street and Kendall Street at a precise site to be determined by City (the "Site"), and
WHEREAS, it is now the desitre of City and Artist to set forth their respective obligations,
and the terms and conditions, for City's display of the Artwork within the City,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained,
it is mutually agreed by the Parties as follows
AGREEMENT
1 Compensation
1 1 Artist agrees to permit City to display the Artwork for a period of twenty four (24)
consecutive months (the "Display Period"), commencing on the date of installation of the Artwork
1 2 In consideration of Artist's installation of the Artwork and permission for City to
display the Artwork, City shall pay Artist the sum of two thousand dollars ($2,000) (the
"Payment") City's obligation to make the full Payment to Artist is expressly conditioned upon
Artist's installation and timely removal of the Artwork to the satisfaction of City
Nothwithstanding the foregoing, Artist shall not be entitled to any portion of the Payment in the
event this Agreement is terminated, for any reason, prior to installation of the Artwork City's
Payment shall be made in accordance with the following schedule
1 2 1 One thousand six hundred dollars ($1,600) upon installation of the Artwork,
to the satisfaction of City
1 2 2 Four hundred dollars ($400) upon removal of the Artwork, to the
satisfaction of City
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2 Installation of the Artwoik
2 1 Artist shall have the sole obligation and liability to transport the Artwork to the Site,
within ninety (90) days of the Effective Date of this Agreement
2 2 City shall have the sole obligation and liability installation or removal of Artwork at
City's sole expense
2 2 City shall provide Artist thirty (30) days notice prior to removal of Artwork Artist shall
have the sole obligation and liability for transporting of the Artwork from the Site If Artist fails to
transport the Artwork from the Site at the time of removal, then City may remove and dispose of
the Artwoik as City deems necessary or appropriate, in City's sole discretion, and will withhold
any remaining balance of the Payment Expenses incurred by City foi the disposal of the Artwork
in excess of any balance of the Payment then held by City shall be the obligation and liability of
Artist
2 3 Artist shall comply with all Federal, State and local laws, including compliance with
prevailing wage statutes of the Califonia Labor Code, and for obtaining all required licenses,
permits, or other similar authorizations applicable to the installation of the Artwork
3 Sale of the Artwork.
3 1 Artist may sell the Artwork during the term of this Agreement and, if sold, may assign
Artist's rights under this Agreement However, under no circumstance shall sale of the Artwork
terminate this Agreement or adversely affect City's rights hereunder including, but not limited to,
City's right of display Artist shall immediately provide written notification to City upon the sale
of the Artwork, and name and contact information for the purchaser of the Artwork Regardless
of any sale, the Artwork shall remain at the Site for no less than six (6) months from the date of
installation Removal of the Artwork is the sole financial responsibility of Artist City shall be
notified at least two (2) weeks prior to removal rn order to facilitate work orders for traffic control
of the Site If the Artwork is sold during the term of this Agreement, Artist shall obtain a City of
Redlands Business License
4 Liability for Damage
4 1 City shall insure the Artwork against damage or loss in the amount of $9500 00,
which the Parties agree is the fair market value of the Artwork and the extent of the City's liability
in the event of its damage or loss
4 2 City's obligation to provide insurance is solely foi the duration of the term of this
Agreement, and only while the Artwork is located on City property Artist is responsible and liable
for any damage or destruction of the Artworrk that may occur during transportation of the Artwork
to and/or from the Site, and during installation and during removal
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5 Ownership and Moral Rights
5 1 The Artwork shall remain the property of Artist during the term of this Agreement
5 2 During the term of this Agreement, City shall not make any alterations to the Artwork
For purposes of this Agreement, the term "alteration" shall mean repair, restore, modify, remove,
relocate, sell, dispose of, distort, destroy, mutilate, or deface
5 3 Artist waives any and all claims, with respect to the Artwork against City, and
its elected and appointed officials, officers, employees, and assigns (current and future),
ansmg under the Federal Visual Artist Rights Act, the California Art Preservation Act, and
any other local, State, Federal 01 international laws that convey rights of the same nature as
those conveyed under the Civil Code, 01 any other type of moral right protecting the integrity
of works of art City has no obhgation to pursue claims against third parties to remedy or prevent
alteration of the Artwork However, may pursue claims against third parties for damages, or
to restore the Artwork if it has been altered without Artist's authorization
5 4 Artist hereby grants City the right to photograph, film, videotape, or otherwise depict
the Artwork at any time during the term of this Agreement, and to use such photographs, film,
videotapes, or depictions at any time thereafter for purposes of promotion relating to the exhibition
of the Artwork or City Such reproduction and images of the Artwork which feature the Artwork
as art foi publicity, promotion, and educational purposes shall, to the extent reasonably possible
and appropnate, give reference to Artist Reproduction and images of Artwork in which the
purpose of the reproduction or image is predominantly unrelated to the Artwork shall not require
reference to Artist
5 5 Artist assigns to City all nghts under the Copyright Act of 1976 for the Artwork
produced under this Agreement Notwithstanding the foregoing, City and its assigns are not
responsible for defending the Artwork against any third party infringement of copyright and for
protecting the attribution rights of Artist Any registration of a copyright under the State's Register
of Copyrights shall be the sole responsibility of City, and the costs of such registration shall be
borne by City
5 6 Ownership of, and title to, the Artwork shall remain with Artist in accordance with
Section 5 1 hereof Artist hereby retains the nght to collect the royalty payment provided by Civil
Code Section 986 Artist agrees that City is not obligated to make any royalty payments to Artist
pursuant to Civil Code Section 986
6 Artist's Representations and Warranties
6 1 Artist represents and warrants that
A Artist is presently the sole owner of the Artwork and any copynghts therein, and
has the full power to enter into and execute this Agreement to City
B The Artwork is unique and original and solely the result of the artistic effort of
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Artist, does not infringe upon any copyright or rights of any person, and is free and
clear of any liens or disputes related to property, intellectual or any other rights,
C The Artwork is free from defective, or inferior materials and woikmanship 01
inherent deficiencies or qualities that cause or accelerate deterioration, and
D No person has been employed or retained to solicit or secure this Agreement foi
commission, percentage, brokerage or contingent fee and that no member of City
has any interest, financially or otherwise in Artist's business
7 Notices Any notice or other communication required, or which may be given, pursuant to
this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of
delivery in person, (u) five (5) days after deposit in first class registered mail, with return receipt
requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date
sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in each case properly posted and fully prepaid to the appropriate address
set forth below, or such other address as a Party may provide notice in accordance with this section
CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
(909) 798-7531
8 Insurance and Indemnification
ARTIST
Steven L Rieman
1188 Tahoe Ave
Yucca Valley, CA 92284
rremans@riemansculpture com
760-364-3455
8 1 Artist shall not perform any installation, maintenance or removal unless and until the
required insurance listed below is obtained by the Artist The Artist shall provide City with
certificates of insurance and endorsements evidencing such insurance prior to commencement of
the installation Insurance policies shall include a provision prohibiting cancellation of
modification of the policy except upon thirty (30) days prior written notice to City
A Workers' Compensation and Employer's Liability insurance in the amount that
meets statutory requirements with an insurance carrier acceptable to City, or
certification to City that the Artist is self-insured or exempt from the workers'
compensation laws of the State of California The Artist shall execute and provide
City with Exhibit "C" entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference prior to
installation of the Artwork
Note As a sole proprietor Steven L Rieman has no employees and does not carry
Workers Compensation and Employer's Liability insurance
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B Comprehensive General Liability insurance with carriers acceptable to City
Minimum coverage of one million dollars ($1,000,000) per occurrence and two
million dllars ($2,000,000) aggregate for public liability, property damage and
personal injury is required City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance 01 self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of one million dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Artist owned vehicles
used in connection with the Artist's provision of the Services, hired and non -
owned vehicles, and employee non -ownership vehicles City shall be named as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self-insurance maintained by City
8 2 Artist shall defend, indemnify, and hold harmless City, and its elected and appointed
officials, officers, employees and agents from and against alI liabilities, obligations, losses,
damages, judgments, costs and expenses, including attorneys' fees, court costs and other litigation
costs, arising from or in connection with, any personal injury or property damage caused, directly
or indirectly, by any act or omission of the Artist 01 Artist's employees of agents, 01 any
infringement of patent, copyright, trademark, trade secret 01 other proprietary right caused by Artist
or Artist's employees, agents, contractors, 01 subcontractors, in connection with the Artwork
9 Non -Discrimination Artist shall not discriminate, rn any way, against any person on the
basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin,
or disability in connection with, or related to, the performance of this Agreement
10 Assignability and Modification Artist shall not assign or transfer any interest in this
Agreement noi the performance of any of Artist's obligations hereunder, and any attempt by
Artist to assign this Agreement or any rights, duties, 01 obligations arising hereunder shall be
void and of no effect, without the prior written consent of City
11 Governing Law This Agreement shall be governed by and construed in accordance with
the Iaws of the State of California
12 Entire Agreement This Agreement, including its exhibit and recitals, embodies the
entire understanding between the P arties with respect to the Artwork There are no other
agreements and understandings, oral or written, with reference to the subject matter hereof that
are not merged herein and superseded hereby No alteration, change or modification of the
terms of this Agreement shall be valid unless made in writing and signed by the Parties Any
waiver of any breach of violation of any term 01 condition of this Agreement shall not be deemed
to be a waiver of any other term or condition contained herein or a waiver of any subsequent
breach or violation of the same or any other term of condition The persons executing this
Agreement on behalf of their respective Parties represent and warrant that they have the authority
to do so under law and from their respective Parties
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IN WITNESS WHEREOF, duly authorized representatives of City and Artist have signed
in confirmation of this Agreement
CITY OF REDLANDS ARTIST
ifeLf-,474‘21-E.
Pau Foster, Mayor
Pau W Steven L Rieman
ATTEST
e Donaldson, City Clerk
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EXHIBIT "A"
Artwork by Steven L. Rieman
Mojave
Mojave
Mojave Sails
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employee, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, eithei as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Directoi
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability foi Woikers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
X 1 affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any mannei such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
ARTIST
Date 12/17/2019
igte4FX
Steven L Rieman
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