Loading...
HomeMy WebLinkAboutAgr 2013-01-30 (Jaleh Etemad - Artist Laureate)T t Y R O N NE R I T A G11 & A R T S COMMISSION Town of Tiburon Heritage & Arts Commission 1505 Tiburon Boulevard, Tiburon, CA 94920 415-435-7373 www.tiburonheritageandarts.org AGREEMENT FOR ARTIST LAUREATE This agreement is entered into effective September 19, 2012, by and between the Town of Tiburon, a municipal corporation (hereinafter "Town"), and Jaleh A. Etemad (hereinafter "Artist"). Recitals A. In September of 2001, by Resolution #49-2001, the Town Council established the position of Town Artist Laureate, and appointed James Yeh Jau Liu to the position. After Mr. Liu's demise, the position remained open for 5 years. B. On August 20, 2008, by Resolution #39-2008, based on the recommendations of a Selection Committee and the Heritage & Arts Commission, the Town Council appointed the second Artist Laureate, Mary Musalo, for a four-year term. Laureate Musalo's term in office has been fulfilled. C. On September 19, 2012, by Resolution #33-2012, the third Artist Laureate, Jaleh A. Etemad, was appointed through the same selection process to begin her term in office which will run from September 2012 through August of 2016. NOW THEREFORE, the Town, the Commission and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. Scope of Services: The Town shall assign projects to the Artist as set forth in this Agreement ("Artist Services"). Possible Artist Services include, without limitation, design of the following: a. Main Street Holiday Posters/Flyers b. Labor Day Parade Poster/Flyers c. Heritage Preservation Award Invitation d. Heritage Preservation Award - Annual award (in lieu of a trophy) e. Invitations to Town events such as the recent Fountain Inauguration, Sam Chapman Dedication Ceremony, or Town Anniversary Celebrations. f. Community outreach projects, such as art classes, activities and discussions. Artist Laureate Agreement - Etemad 2. Compensation: The Artist will receive an annual payment of Two Hundred Fifty Dollars ($250) to be paid on the date of appointment to the position, and then annually on the anniversary of the appointment. This annual payment shall be the sole payment for the Artist services except as expressly set forth in Section 3 of this Agreement. 3. Procedure for Assigning Artist Services. a. The Town may assign and reimburse the Artist for specific art projects as set forth in this section. An Artist Liaison from the Heritage & Arts Commission will serve as the project manager for the Artist services unless the Town Manager assigns another official or staff member. b. Either the Commission or the Artist may propose a specific Artist service. The Commission shall consult with the Artist regarding the scope and budget for each proposal. The budget may include reimbursement of the Artist for materials, publicity and similar out-of-pocket expenses, but shall not include compensation for the Artist's time beyond the payment described in Section 2 of this Agreement. c. The Artist shall, to the best of his/her ability, submit the scope and budget to the Commission for consideration in the form of a written Proposed Work Order for each fiscal year. (1) The Commission shall have the authority to approve and authorize the Town Manager to execute a Proposed Work Order whose costs are expected not to exceed $1000. This proposal shall become part of this Agreement. (2) The Town Council must approve any Proposed Work Order whose estimated cost is expected to exceed $1,000 provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the work order. Upon execution, the work order shall become incorporated into this Agreement as an Artist service. d. The Artist is responsible for designing the assigned project. All reproduction of the projects will be handled by the Town. 4. Release and Waiver of Claims. The Artist services may involve individual participants in such activities as art classes, lectures and exhibitions. To enable the Town to sponsor such activities, the Artist shall take the following actions: a. The Artist shall require that each participant in an art class or other similar activity must sign a document approved by the Town Attorney that acknowledges that the participant is engaged in the activity at his or her own risk and waives and releases any claims that may arise from his or her participation in the activity. b. The Artist shall require that any person or entity that displays his or her art, collections, or other property of value sign a statement that they do so at their own risk and responsibility; that Town accepts no responsibility for any loss of or damage to the Artist Laureate Agreement - Etemad 2 property and that they waive and release any and all claims that mi t arise from loss or damage to said property ` 5. Insurance. Artist shall m ' tain comprehensive automobile liabili , with a combined„ single limit of . for each single occurrence and $2,900 ual aggregate insurance. Town shall be added as an "interested party" to this policy, such that coverage shall be primary and non-contributory. The Artist shall invoice the Town for the cost of additional expenses of said endorsement, which invoice Town will pay within 30 days. 6. Copyright. a._ Ownership of Town-Assigned Work Product. All intellectual property rights in the works of Artist produced for the Town pursuant to this Agreement (including but not limited to copyright throughout the world) will be owned jointly intly by the Town and the Artist. Except as expressly authorized by this Agreement, no use of the copyright will be made by the Artist or the Town without the written consent of the other, which consent will not be unreasonably withheld. As used in this Agreement, the terms "work" or "works" means any work of the visual or graphic arts, including, but not limited to, paintings, drawings, sculptures, crafts, photographs, or films. Artist will, from time to time, upon request from Town, execute such document or documents as are necessary or desirable to evidence the license to Town of any copyright. Town may give, lend or sell works or copies of works without the consent of Artist, subject to the rights of Artist under the applicable provisions of the Visual Artists Rights Act and the California Civil Code. In the event of any such gift, loan or sale, Town shall credit Artist as the creator of the works. b. The Artist certifies that the works created pursuant to this Agreement will be unique works of art especially designed for the Town, and shall not duplicate or reproduce such works nor shall the Artist permit others to do so except with the written permission of the Town. c. The Town has the right to reproduce and distribute in printed form and on commercial documents and or brochures or any other literature of the Town, photographs, realistic renderings, videotapes, or films of the works provided that such reproductions include a credit to the Artist. Such reproductions and use of the images of the Artwork for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the Town to the Artist for such use. 7. Ownership of Work Product Originated Independently by Artist Laureate Nothing in this Agreement shall preclude the Artist from producing work on her own account, outside her activities on behalf of the Town. Work that is neither funded nor assigned by the Town is herein referred to as "Outside Work. The Artist shall retain iAll intellectual and other property rights in the Outside Work, including but not limited to copyright throughout the world) will be owned exclusively by the Artist. As used in this Agreement, the terms "work" or "works" means any work of the visual or graphic arts, including, but not limited to, paintings, drawings, sculptures, crafts, photographs, or films. Artist will execute such document or documents as are necessary or desirable to Artist Laureate Agreement - Etemad evidence any copyright. As above, the rights of Artist are protected under the applicable provisions of the Visual Artists Rights Act and the California Civil Code. 8. Warranty of Non Infringement. With respect to each work created by Artist for Town, Artist warrants to Town that the work is an original work, and that no work infringes on any copyright, patent or other intellectual property rights belonging to persons other than Artist or Town. 9. Limitation of Liability. Artist will perform Services under the Agreement with the degree of care and skill ordinarily exercised by members of Artist's, profession. Except for the warranty of non-infringement given in the preceding Section 7, Artist makes no other representations, warranties or guarantees, express or implied, with respect to the services, including but not limited to any warranty of merchantability or fitness for a particular purpose, nor shall Artist be liable for loss of profits or other losses to Town or other damages to any third party arising from the services. In no event shall Artist be liable for consequential, special, punitive and/or incidental damages relating to or arising out of the services, even if advised of the possibility of such damages. 10. Entire Agreement. The Agreement, the exhibits and schedules thereto together contain the entire agreement between the parties hereto with respect to the matters covered herein. 11. Governing Law; Venue; Dispute Resolution. The laws of the State of California shall govern this Agreement. If any dispute arises between the parties regarding this Agreement, to promptly participate in mediation with a recognized mediator with appropriate skill, fully and in a good faith effort to resolve any differences. In the event either party seeks judicial resolution of a dispute, the venue for such resolution shall be the County of Marin. 12. Partial Invalidity. If court of competent jurisdiction holds any provision of this Agreement to be unenforceable or contrary to public policy by any, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that the scope of such provision may be judicially modified accordingly such that the whole of the Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to applicable law. 13. Amendment; Waiver. The Agreement may not be modified or amended orally, nor may any provision hereof or thereof be waived orally by any party, but only in a written agreement executed by both parties thereto. It is understood that no waiver of any breach of any term hereof shall constitute a waiver of any preceding or succeeding breach of the same or any other term. 14.. Assignment. The Agreement may not be assigned by Town without the prior written consent of Artist. Except as provided in the immediately preceding sentence, the Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. Artist Laureate Agreement - Etemad 4 15. Section Headings. The section and paragraph headings in the Agreement are for convenience of reference only. 16. Credit To The Artist. All reproductions of the works by the Town shall contain a credit to the Artist. 17. Credit To The Town. The Artist shall give a credit in any public showing under the Artist's control of reproductions illustrations of the work to the Town. 18.. Annual Review. Town and Artist agree to meet on an annual basis to review the prior year and determine if both parties continue to be satisfied with activities occurring pursuant to the Agreement. The Parties agree to make good faith efforts to resolve any concerns or disagreements that arise. Artist reserves the right to withdraw from her position as Artist at any time upon submission of a letter of resignation to the Town. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by his/her respective authorized officers or representatives as of the day and year set forth below. TOWN: Margaret A. 9rran Town Manager Artist: By' 301-7 O Jaleh . Etemad Artist Laureate APPROVED AS TO FORM: Ann R. Danforth, Town Attorney APPROVED AS TO FORM: By: Artist Counsel Artist Laureate Agreement - Etemad 15, T section and pamPh eadin the i n are r wenience of refere.nce only. 16 Cre t' o The Artist. AliI reproductioac of? the works by the Town ;shall contain a e dit to the Artist. 17 CUM. T10 I w 'X'ic Artist ;give a c~red~t any public show g under to test s control otrepdutions llustracnsflae wrk.th '"t"own. l S:. Aboual Review. Tom: Anal Artist agree t mgt on an annual 'basis to revzew the:prior year and determme. if both parties continue to be satisfied: with activities ocouring pursuant to'the A ~~nt: The, parties g:e to make good faith efforts to resolve any concam or. disagree eu .that anise.. Ard-A reserves tile fight to withdraw: from her position as Artist at ► upon sub~sion ofa letter o si atio-n to the oWn. E Me pis h+reito lave caused this grexnet to be: eec :y his/her respw ve authorized ofeers: or representatives as of the day. and year set for& below. T'O% N A Morgmt A. uNrrap Town Manager APPROVED AS TO; F;.ORbL- rA:mR. Danforth,, T'owit;Ai,ttom y APPROVED. AS TO FORM: :By: G v Art t Counsel.