AGENDA
ITEM
10 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
10 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 25, 2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAe
REVIEWED BY: Sandra Fonseca, Interim Finance Director SF Docusigned by:
PREPARED BY: Norma Gerardo, Recreation Manager Harma suraldo -3E9175002C5040B...
SUBJECT: Community Mural Project Cycle 8:
1. Run Mural Project Cycle 8 for a Total Cost of Up to $21,530.00.
2. Adopt Project Forms and Guidelines and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the Project. =================================================
Recommendation:
City Staff and the Community Services Commission recommends that the City Council of the City of Calexico:
1. Run Mural Project Cycle 8 for a Total Cost of Up to $21,530.00.
2. Adopt Project Forms and Guidelines and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the Project.
Background:
The City of Calexico has run the Community Mural Project for several years now. The mission of the program is to create community mural projects that will promote the creative expression of local artists and provide an enriching visual experience to residents and visitors of Calexico.
The program encourages artists to participate in various project cycles to produce beautiful works of art, while discouraging graffiti/tagging. The program uses Art in Public Places funds to pay for project cycles.
Discussion & Analysis:
Up to three (3) artists/projects may be selected in this cycle, one per location.
Mural Project Cycle 8 1 | Page
PROJECT SITES:
SITE ADDRESS SIZE THEME
Camarena Memorial Library 850 Encinas Avenue 792 ft? Stories, fairy tales, Storage Container books, fantasy,
education, etc.
Crummett Park Restrooms Dool Ave. & Belcher St. 1,040 ft? Open Artists can propose their own Pending Must be at Open
location least 400ft2
GENERAL INFORMATION:
• This program is open to artists over the age of eighteen who possess a valid social security number.
• Only one submittal per person allowed.
• Artists are responsible for all costs associated with the submission of the application and installation of the mural; including, but not limited to paint supplies, liability coverage, business license, fees, equipment rental, etc.
• Artists are responsible for any and all site preparations, including but not limited to scraping, sanding, patching, and/or priming. Artists are encouraged to visit proposed sites. • No work can commence without the proper city permits and documentation. • Selected artists will need to acquire/provide the following:
- Signed Artist Agreement.
- City of Calexico Business License and City of Calexico Vendor Number. - Certificate of Liability Insurance covering the installation of the mural. Minimum coverage of $2M per occurrence. The City must be named as additional insured - Submittal and acquisition of a Temporary Use Permit (TUP) for the installation of the mural. The City may require additional permits.
- Artist/Assistant Waiver of Liability and Hold Harmless Agreement.
STIPEND:
Camarena Memorial Library up to $5,950.00:
Artists Fee: $2,500.00
Installation Costs: up to $3,450.00
Crummett Park up to $7,350.00:
Artists Fee: $3,300.00
Installation Costs: up to $4,050.00
Own Location: Based on location size; up to $8,230.00*:
Artist Fee: up to $3,780.00*
Installation Costs: up to $4,450.00*
* Amounts will be determined by the City and will be strictly determined by location size and proportionate to the other sites.
Mural Project Cycle 8 2 | Page
Installation Costs are provided to the Artist on a reimbursement basis and up to the amount established in the Project Guidelines. Any amount exceeding the allocated funds in the Guidelines will be the sole responsibility of the Artist.
Upon execution of the Artist Agreement, Artist will be advanced an initial stipend of $1,450.00 from the established Installation Cost. These initial funds are intended for acquiring liability insurance, a City of Calexico Business License, a City of Calexico Temporary Use Permit (TUP), and any other City-related permits.
After obtaining the necessary liability insurance, business license, TUP, and other City-related permits, Artist may use remaining funds to start purchasing project materials and supplies.
The final stipend installment, also known as Artist Fee, will be provided upon the project's full completion and inspection.
TENTATIVE PROGRAM SCHEDULE:
Artists have 3 (three) months to complete project after signing Artists Agreement.
Call for Artist Thursday, September 5, 2024
Deadline to Submit Proposals Monday, October 28, 2024
Selection/Artist Notification Thursday, December 19, 2024 Cycle Completion By Tuesday, April 30, 2025
Fiscal Impact:
Art in Public Places - Capital Improvement Program Budgeted Item for FY 2024-2025.
Expenditure
•
223-90-963-56003-003 - Murals $21,530.00
Total $21,530.00
Coordinated With:
None.
Attachments):
Attachment 1: Call for Artists.
Attachment 2: Community Mural Project Cycle 8 Guidelines.
Attachment 3: Community Mural Project Application.
Attachment 4: Artist/Assistant Waiver of Liability and Hold Harmless Agreement.
Attachment 5: Artist Agreement.
Attachment 6: Community Services Commission Recommendation Letter.
Mural Project Cycle 8 3 Page
ATTACHMENT #1
CITY OF CALEXICO
00000°0
ORPORATED
CATES
CALL FOR ARTISTS
IMPERIA INTERNATIONAL
Mural Project Cycle 8
PROJECT TIMELINE
CALL FOR PROPOSAL ARTIST CYCLE
ARTISTS DEADLINE NOTIFICATION COMPLETION
September 5, 2024 October 28, 2024 December 19, 2024 Aprill 30, 2025 Project Guidelines and Application avaliable at
https://calexicorecreation.org/muralproject.
For more information, please call the Calexico Recreation Department at (760) 768-2176.
CALEXICO
RECREATION
DEPARTMENT
ATTACHMENT #2
Community Mural Project Guidelines - Cycle 8
GEE
CALEXICO
City of Calexico Recreation Department Norma Gerardo
707 Dool Avenue 760-768-2176
Calexico, CA 92231 [email protected]
The Mission: To create a community mural project that will promote the creative expression of local artists and provide an enriching visual experience to residents and visitors of Calexico.
Sites: You may submit proposals for the following locations (please refer to attached documentation for pictures of the areas:
Site A. Camarena Memorial Library Storage Container, 850 Encinas Avenue. Mural area: North, West and South faces.
Total Coverage = 792 ft.
Site B. Crummett Park Public Restrooms, Corner of Dool Ave & Belcher Street. Mural area: South-West, South-East, and North-East faces. Total Coverage = 1,040 ft. Primer needed.
Site C. You may propose your own location: Location must be within city limits and limited to Commercial Highway (CH), Commercial Specialty (CS), Industrial (IND), Industrial Rail Served (IR), and Open Space (OS) zones in the City of Calexico Zoning Map (zoning map can be found in application packet or under the Planning Division of the Development Services Department at https://www.calexico.ca.gov). Wall must be clearly visible to the public and Property Owner Agreement must be submitted with proposal, along with wall dimensions, total square footage, and picture s of proposed location. The City reserves the right to not approve recommended locations. Proposed location must be at least 400 ft?.
Artistic Theme: Please see below themes for specific locations:
Site A. Stories, fairy tales, books, fantasy, education.
Site B. Open.
Site C. Open.
Open themes are deliberately offered to encourage artistic interpretation and produce the widest diversity of ideas and visual impact possible. Proposed art can't be used for commercial publicity purposes.
General Information: Up to three (3) artists may be selected - one (1) per site location.
This program is open to artists over the age of eighteen who possess a valid social security number. - Only one submittal per person allowed.
- Artists are responsible for any and all site preparations, including but not limited to scraping, sanding, patching, and/or priming. Artists are encouraged to visit proposed sites. - Artists are responsible for all costs associated with the submission of the application and installation of the mural; including, but not limited to paint supplies, liability coverage, business license, fees, equipment rental, etc. - No work can commence without the proper city permits and documentation. - Selected artists will need to acquire/provide the following:
• Signed Artist Agreement.
• City of Calexico Business License and City of Calexico Vendor Number. • Submittal and acquisition of a Temporary Use Permit (TUP) for the installation of the mural. • The City may require additional permits.
• Certificate of Liability Insurance covering the installation of the mural. Minimum coverage of $2M per occurrence. The City must be named on the Certificate of Insurance as an additional insured. • Artist/Assistant Waiver of Liability and Hold Harmless Agreement 2024 1
Stipend: Up to three (3) artists/projects may be selected.
Site A. Camarena Memorial Library up to $5,950.00:
Artists Fee: $2,500.00
Installation Costs: up to $3,450.00
Site B. Crummett Park up to $7,350.00:
Artists Fee: $3,300.00
Installation Costs: up to $4,050.00
Site C. Own Location: based on location size, up to $8,230.00*:
Artist Fee: up to $3,780.00*
Installation Costs: up to $4,450.00*
* Amounts will be determined by the City and will be strictly determined by location size - proportionate to the other sites.
Installation Costs are provided to the Artist on a reimbursement basis and up to the amount established in the Project Guidelines. Any amount higher than those established in the Guidelines is the sole responsibility of the Artist.
Upon execution of the Artist Agreement, artist will be advanced an initial stipend of $1,450.00 from the established Installation Cost. These initial funds are intended for the acquirement of liability insurance, City of Calexico Business License, City of Calexico Temporary Use Permit (TUP), and any other City-related permits. Receipts for these items must be turned into the Recreation Department (Department). Should the Artist not be able to obtain liability insurance, business license, or TUP, he/she must return in full the initial advanced stipend back to the City no later than 6 (six months after the execution of the Artist Agreement.
After obtaining liability insurance, business license, TUP, and other City-related permits, Artist may utilize remaining funds to start purchasing project materials and supplies. All project receipts must be kept and provided to the Department. Only receipts provided to the Department will count towards Installation Costs and may be subjectable to reimbursement.
Artist will be reimbursed for installation costs within 4 (four) weeks after receipt submittal. Project receipts may be turned into the Department at any moment up to the completion of the project. Receipts submitted thereafter will not be Only direct mural preparation and installation costs count towards Installation Costs and may be reimbursed. Purchase of machinery or equipment can't be covered with these funds and won't be reimbursed. Equipment rental is reimbursable.
Final stipend installment (Artist Fee) will be provided upon project's full completion and inspection.
Materials: Each applicant will be required to submit, with their application, a Budget Estimate with a list of the materials they intend to utilize in the execution of the mural. Paint is the only medium accepted for the mural and must be of a quality to withstand weather conditions for a reasonable amount of time. Obtaining all materials and supplies necessary for the design and execution of the mural shall be the responsibility of the selected artist. All projects must have an all- weather and graffiti-resistant protective coat of the City's choosing. Some locations may require a primer.
Building Owner Authorization: Prior to approval of the Mural Project Application, and before the applicant begins the mural project, an executed agreement between the City and the property/building owner must be on file or provided to the Mural Program Coordinator (if applicable).
2024 2
Application: Incomplete applications will be disqualified.
1. Application packet due by 5:00 p.m. on October 28, 2024.
2. Submission must include a rendering of the proposed mural on paper size no smaller than tabloid size 11"x 17" and presented on a poster board/cardboard.
3. Submission of pictures of previous mural installations are highly encouraged and will help in selection process.
4. Complete application packet, along with the artwork rendering, must be submitted at the Calexico Recreation Department:
Recreation Manager
707 Dool Avenue
Calexico, CA 92231
Criteria for Artist Selection: The selection process will consist of a review and preliminary selection by the Community Services Commission and a final project approval by the City Council of the City of Calexico. Artists will be notified by the City if and when their designs are selected. Judging will be based on Creativity, Originality, Location, Quality of Art, Artist Mural Experience, Artistic Theme, Effectiveness in Achieving Program Mission, Appropriateness to Public Presentation, Clearness of Project Timeline, and Conciseness of Budget Estimate.
Copyright Restrictions: Murals produced under the City's Community Mural Project will be considered a "Work Made for Hire," and the intellectual property rights of such a work will be shared between the artist/muralist and the City of Calexico. As such, the artist/muralist will waive his or her exclusive rights of reproduction of the mural image, and the city will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the original mural image both during production and after the mural has been created. The building/property owner will not retain any intellectual property rights to the mural image. Art submitted shall not be plagiarized, stolen, or copied from any other source. Al (artificial intelligence) generated graphics, stock photos, stock graphics, any copyrighted materials are prohibited.
Panel Meeting and Notification: The selected artists will make themselves available to discuss project concept, scope, budget estimates, and project timeline prior to award notification as needed by the selection panel. Artists will be notified of their award by e-mail and/or phone call on or about December 19, 2024.
Tentative Program Schedule: Artists have 3 months to complete the project after signing Artists Agreement.
Call for Artists Thursday, September 5, 2024
Deadline to Submit Proposals Monday, October 28, 2024
Selection/Artist Notification Thursday, December 19, 2024 Cycle Completion By Tuesday, April 30, 2025
For questions or more information call 760.768.2176 or e-mail [email protected] Disclaimer: The City of Calexico reserves the right to change Program Schedule with or without notice. The City reserves the right to e-run the program should there be insufficient qualifying submissions and/or if there is a lack of good quality art proposals. The Ci eserves the right, at its sole discretion, to reject submissions with inappropriate content, including, but not limited to: profane language sexual, religious, and/or or political content; potentially libelous or defamatory comments regarding any person or organization; conduct that is or encourages illegal activity; content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age religion, gender, gender identification, marital status; status with regard to public assistance, national origin, physical or mental disability, sexual orientation; or information that may compromise the safety or security of the public or public systems or infrastructure. All submittals will be property of the City of Calexico. 2024 3
8 FT.
169384
40 FT.
Library Container
Location 1
Area: 1,008 sq. ft.
850 Encinas Avenue
SI308
00 00
26 FT.
27 FT. 12 FT.
27 FT.
Crummett Restroom
Location 2
1040 sq. ft.
Corner of Dool Avenue & Belcher Street
ATTACHMENT #3
Community Mural Project Application
City of Calexico Recreation Department (760) 768-2176
707 Dool Avenue Norma Gerardo
CALEXICO Calexico, CA 92231 [email protected]
APPLICANT CONTACT INFORMATION
Name of Applicant(s) Organization/Contact Person
Street Address City State Zip
Phone Number Alternate Phone Number Email Address
• I have read and agree to the Mural Project, Art Design Title its Guidelines, Authorization, Copyright
Restrictions and Program Disclaimers.
Signature
PROPOSING YOUR OWN PUBLIC LOCATION? Y / N
If marked No, please skip this portion and disregard pages 5-7 in this packet.
If marked Yes, please answer information below, add pictures of the specific site and surrounding areas, and use pages 5-6 to get owner's consent.
Proposed Location
Address/Cross Street
Mural Dimensions
1. PROPOSED PROJECT
Please describe in detail the proposed mural design.
1 2. PLEASE SHARE YOUR EXPERIENCE AS A MURALIST.
3. PLEASE SHARE THE PROCESS THAT WILL BE USED TO CREATE THE MURAL (from surface preparation to complete installation).
4. WILL YOU USE MURAL ASSISTANTS DURING INSTALLATION?
If marked yes, please list their names and ages below. If your project is selected, you will need to turn in Liability and Hold Harmless Agreements for each person and your liability insurance must cover the assistants.
5. PLEASE DESCRIBE YOUR TIMELINE FOR COMPLETING YOUR PROJECT (from acquiring initial insurance and permits, to surface preparation and complete installation).
2 Community Mural Project Artist Budget Estimate
(please check project guidelines for stipend amount limits) Artist Name: Mural Location:
Mural Size:
1. ARTIST FEE: $_
2. INSTALLATION COSTS:
A. Permits & Miscellaneous:
a. Liability Insurance: $2M coverage per occurrence $.
b. City of Calexico Business License $ 49.00
c. City of Calexico Temporary Use Permit (TUP) Application $ _150.00 d. Other City Permits (sites A & B don't require other permits): $ (you may call (760) 768-2176 to check on your proposed location) TOTAL SECTION 2A. $.
B. Mural Preparation & Installation - Equipment Rentals, Materials & Supplies (please list materials and brands):
a. Primer (if applicable): Price: Qty: $
b. VandiGuard Anti-Graffiti Coating Price: Qty:- $_
C. _ Price: Qty: $.
d. Price:_ Qty:- $_
e. Price: Qty:_ $.
f._ Price: Qty: - $.
g. _ Price: _ Qty:_ $.
h. Price: Qty:- $_
i. Price: Qty:_ $.
j. Price: Qty: $.
k._ Price: Qty: $.
1. Price: Qty: $_
m. Price: Qty:_ $_
n. Price: Qty:_ $_
TOTAL SECTION 2B. $
TOTAL SECTION 2 (Sum of Sections 2A & 2B) $
TOTAL ARTIST BUDGET ESTIMATE (Sum of Sections 1 & 2): $ 3 Community Mural Project Application - Packet Check List (Required) Artist Name: Location:
Art Mural Title: Date:
The following materials must be submitted for your mural application to be eligible.
Please follow this order of items in your submittal.
1. • Completed Checklist Page.
2. L Community Mural Project Application & Artist Budget Estimate.
3. • Property Owner Agreement (if applicable).
4. • Artist qualifications and examples of previous works (desired and recommended).
5. • If proposing a location different than the ones provided by the City, addition of photographs of proposed mural site and its surroundings.
6. • If proposing a location, I checked that the location is in a CH, CS, IND, IR, or OS zones (Zoning Map available under the Planning Division of the Development Services Department at https://calexico.ca.gov.
7. • True-to-color design rendering of proposed mural on paper no smaller than tabloid size 11" x 17" presented on a poster board/cardboard.
Please Note:
Incomplete application packets or poor-quality graphics will not be eligible for review and consideration.
Staff Use Only
Application CSC Agreement
Date cc 1* Stipend Final
Received Complete? Project Selected TUP
Application Review Ratification Completed? Completion Installment By: Y/N Date: Date:
Received: Y/N Date: Y/N Date: Date:
Date:
Staff Notes:
4 City of Calexico
Community Mural Project
Property Owner Agreement
This Agreement is made and entered into this day of , 202 _, by and between the City of Calexico (hereinafter referred to as "City") and (hereinafter referred to as "Owner") owner of property/building located at _, in the City of Calexico, California ("Property").
WHEREAS, the City, through the Community Services Commission, has developed the Community Mural Project. The purpose of which is to display the work of artists of diverse racial, sexual, and cultural identities. The program shall also strive for diversity of style, scale, and numbers of artists, represented in a series of murals on buildings in the City of Calexico; and
WHEREAS, the Owner recognizes that the purpose of the project, which is to enhance the community, promote the arts, and encourage tourism and commerce in the City, is mutually beneficial to the City and the Owner and therefore desires to have a mural painted on the side of his or her building; and WHEREAS, the nature of the Community Mural Project is such that it is necessary and desirable to enter into an Agreement expressly setting forth the respective rights, duties, and obligations of the parties; NOW, THEREFORE, in consideration of the mural covenants hereinafter contained, it is mutually agreed between the parties as follows:
1. The Owner hereby agrees to allow the City to have a mural painted ("Mural") on the wall of the building located at - The
dimensions of the mural will be dependent upon the subject and project. The Mural shall be allowed to remain on the wall for a period of five (5) years. This Agreement may be extended for successive five (5) year periods upon the written extension between the Owner and the City prior to the end of the initial five-year period. During the term, or any extension thereof, at such time as property is being offered for sale or lease, or the building on such property is being demolished or expanded where the Mural is located, or the Mural otherwise interferes with the Owner's use, occupancy, or control of the property, then the Owner has the right to cancel this Agreement upon six (6) months written notice to the City.
2. The City agrees that it shall provide a stipend to the selected artist to pay for materials necessary for the execution and completion of the Mural. The Mural will be applied directly to the wall on a pre-primed surface provided by the artist. The Owner agrees to provide the City with reasonable access to the site for such work so as not to interfere with the Owner's business operations. The City agrees to keep Owner's property lien-free in connection with such work or project.
3. Owner shall perform the following, or cause Owner's tenants) to perform, at Owner's sole cost and expense: (a) maintain the exterior of the Property in good condition and repair; (b) on a daily basis, remove trash and debris from adjacent sidewalks, driveways and landscaping; (c) as needed, wash adjacent sidewalks and driveways and weed and prune landscaping; (d) remove any graffiti from the Mural within forty eight (48) hours after notice of such graffiti (consultation with Artist required); and (e) repair and/or replace any damage to the Mural within (14) calendar days of such damage being discovered (consultation with Artist required). Owner shall maintain the Property in compliance with all applicable laws, including without limitation the laws of the City, and will promptly, upon notification that the Property is not in compliance with all applicable laws, do all things 5 necessary to bring the Property into and keep the Property in compliance with all applicable laws. Owner shall inform any new tenants at the Property that may succeed the current lessee(s), if any, of the requirements of this Section and shall require such tenants, if any, to comply with the requirements of this Section. In addition to all other remedies provided by law, in the event the Owner fails to maintain the Mural, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City for the reasonable costs thereof after reasonable notice, the City may assess its costs against the Property and establish a lien or special assessment to be collected pursuant to Chapter 8.44 of the Calexico Municipal Code.
4. The Owner understands and agrees that the placement of the Mural on the site in no way entitles the Owner to use, at its discretion, the Mural for advertising/profit making purposes, or any other publicity, except under conditions in which the Mural has been released by both the City and the artist.
5. The Owner agrees to indemnify and hold the City and its commissions, including the Community Services Commission, its appointed officials, elected officials, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees harmless from all liabilities, third party claims, causes of action, judgments, damages, losses and expenses (including reasonable attorney's fees) arising out of any breach of Owner's representations and promises and performance of obligations under the Agreement.
6. The subject matter for the Mural and the selection of the artist shall be the sole responsibility of the City and a Community Mural Project Committee. Composition of the Community Mural Project Committee is at the discretion of the Community Services Commission.
7. This Agreement shall be subject to and governed by the laws of the State of California.
8. Any notices required pursuant to this Agreement shall be served at the following addresses:
City/Community Mural Project: Owner:
Attn: Recreation Manager
707 Dool Avenue
Calexico, CA 92231
This Agreement represents the complete understanding between the parties with respect to the matters set forth herein. No amendment or modification of the Agreement shall be valid unless evidenced in writing and executed by the parties thereto. In witness whereof, the City and the Owner have executed this Agreement on the date and year first hereinabove set forth.
Signatures:
City Manager Property Owner/Authorized Signatory
6 CITY OF CALEXICO
IMPERIAL COUNTY. CA
ZONING MAP 2021
LEGEND
cs - Commercisl Specialty
IR - Industrial Ralt Served
HHP - Moblfe Home Park
Os - Open Space
PUD - Planned Unil Davdop
RA - Residential Apartnent
AC - Residentlat Condominom
21 - Residential Single Family
R2 - Residentisl Rust Family
Spa - Specilic Plan Area
DP - Industrial Busieess Park
IL - Industrial Ught
ATTACHMENT #4
City of Calexico
Community Mural Project
Artist/Assistant Waiver of Liability and Hold Harmless Agreement (One per person working on the mural)
In consideration of being granted permission to create a mural for the above-referenced Community Mural Project ("Artwork") for the City of Calexico (hereinafter referred to as "City"), I, the undersigned, agree for myself and for my personal representatives, heirs, and next of kin:
1. To exercise due care and diligence while executing the mural Artwork, and to follow the explicit instructions given to me with regard to safety and procedure.
2. To release, waive and discharge the City and its commissions, including the Community Services Commission, its appointed officials, elected officials, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorney's fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, or injury, death or damage that is sustained by me or any of my property, that arises out of or is in any way connected directly or indirectly to my participation in the Community Mural Project and/or work on the Artwork, whether caused by the City's active or passive negligence or otherwise.
3. To assume full responsibility for and risk of bodily injury or property damage incurred by me arising either directly or indirectly from participation in the Community Mural Project, from any cause whatsoever, whether caused by City's active or passive negligence or otherwise. I understand that work on a project mural may include activities that may be hazardous to me, including, but not limited to scraping, sanding, painting, falling from ladders and scaffolding. In connection thereto, I recognize and understand that the activities may in some situations, involve inherently dangerous activities. I hereby express and specifically assume the risk of injury, death, or property damage resulting from the activities as an artist/assistant on the Community Mural Project and/or work on the Artwork.
4. To provide evidence of insurance of the type and in the amounts approved by the City's Risk Manager prior to commencing any work on the Artwork.
I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release, and I hereby waive the protections of California Civil Code Section 1542.
This release is to be executed by all workers and/or assistants, whether paid or unpaid, working on the mural at the mural site, as well as being executed by the artist. [Signature provision on following page]
In signing this release, I acknowledge and represent that I have read the forgoing waiver of Liability and Hold Harmless Agreement, understand it, and sign it voluntary as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.
Signed this day
Name of Artist/Assistant
Signature
Address _ City -
State Zip Code _
ATTACHMENT #5
City of Calexico
Community Mural Project
Artist Agreement
THIS AGREEMENT is entered into on this _ _ day of → 202_ by and between the City of Calexico (hereinafter referred to as "City") and _("Artist") residing at
WHEREAS, the City wishes to engage Artist to prepare the following artwork ("Artwork"):
Description: Painted Mural on Outdoor Wall(s)
Title, Date:
Dimensions:
Address/Location(s) ("Site"):
WHEREAS, Artist is willing to be so engaged upon the terms and conditions described in this Agreement.
ACCORDINGLY, the City and Artist agree to be legally bound by the following terms and conditions:
1. Designs. Artist will prepare and submit to City sketches and/or artistic designs (hereinafter "Designs") for the creation of the Artwork. The artistic themes of this Artwork are specified in the Community Mural Project Guidelines.
2. Copyright. Artist agrees that the Artwork will be considered a "Work Made for Hire," as that term is defined in 17 U.S.C.A. §201, and the intellectual property rights of such a work shall be shared between the City and the Artist. As such, Artist hereby waives his or her exclusive rights of reproduction of the Artwork, and the City will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the Artwork and the City will preserve any and all rights to archive, reproduce, sell, or give away copies and/or likenesses of the Artwork both during production and after the Artwork has been created. The property owner of the Site will not retain any intellectual property rights to the mural image unless a separate agreement between the property owner and both the City and the Artist is executed, which agreement allows for the use of the image by the property owner.
3. Moral Rights. Due to the nature of the Artwork and the public interest of the City, Artist and Artist's agents, heirs, successors and assigns hereby waive any and all rights and claims they may have against the City, and its employees, and its agents, under the Visual Artists Rights Act of 1990, 17 U.S.C. §§ 106A and 113(d) ("VARA"), the California Art Preservation Act, Cal. Civ. Code, §5 987, 989 ("CAPA"), and any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights ("Moral Rights Laws"), with respect to the Artwork, its display, removal from display, exhibition, installation, conservation, storage, study, alteration, and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building without physical defacement, mutilation, alternation, distortion, destruction, or other modification (collectively, "Modification") of the Artwork, artist waives any and all such claims under any Moral Rights Laws arising out of or against any current or future property owners of the Site, and its agents, officers and employees, for Modification of the Artwork. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part, in City's sole discretion. The City has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the City's authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Artwork if the work has been modified without the City's authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City's efforts to prosecute such claims. If the City modifies the Artwork without the Artist's consent in a manner that is prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with 17 U.S.C. § 106A (a)(2).
4. Review of Designs. Artist understands that Designs submitted by Artist will be reviewed by the Community Services Commission selection panel ("selection panel") and by the City Council of the City of Calexico prior to the work commencing. Artist understands that City or the selection panel will notify Artist whether they approve or disapprove of Artist's Design on or about December 19, 2024.
City or the selection panel will have sole discretion to approve or disapprove of any designs. Artist agrees to make him or herself available to discuss the project scope and concept prior to award notification as needed by the selection panel.
5. Stipend. Artist understands that he or she will be physically and financially responsible for obtaining all materials needed to execute the project. Artist agrees he or she will receive a stipend according to the Community Mural Project Guidelines. Installation Costs are provided to the Artist on a reimbursement basis up to the amount established in the Project Guidelines. Any amount higher than those established in the Guidelines is the sole responsibility of the Artist. Upon execution of the Artist Agreement, artist will be advanced an initial stipend of $1,450.00 from the established Installation Cost. These initial funds are intended for the acquirement of liability insurance, City of Calexico Business License, City of Calexico Temporary Use Permit (TUP), and any other City-related permits.
Receipts for these items must be turned into the Recreation Department (Department). Should the Artist not be able to obtain liability insurance, business license, or TUP, he/she must return in full the initial advanced stipend back to the City no later than 6 (six) months after the execution of the Artist Agreement. After obtaining liability insurance, business license, TUP, and other City-related permits, Artist may utilize remaining funds to start purchasing project materials and supplies. All project receipts must be kept and provided to the Department. Only receipts provided to the Department will count towards Installation Costs and may be subjectable to reimbursement. Artist will be reimbursed for installation costs within 4 (four) weeks after receipt submittal. Project receipts may be turned into the Department at any moment up to the completion of the project. Receipts submitted thereafter will not be reimbursed. Only direct mural preparation and installation costs count towards Installation Costs and may be reimbursed. Purchase of machinery or equipment can't be covered with these funds and won't be reimbursed. Equipment rental is reimbursable. Final stipend installment (Artist Fee) will be provided upon project's full completion and inspection. Total stipend award is not to exceed
6. Property Owner Authorization. Artist understands that prior to approval of the Mural Project application, and before the applicant begins work on the Artwork, a signed agreement between the City and the property owner must be on file or provided to the Mural Program Coordinator.
7. Reasonable Assurances. The City and Artist agrees to execute any additional documents that may be reasonably required to carry out any of the provisions of this Agreement.
8. Indemnity. Artist agrees to indemnify and hold the City and its commissions, including the Community Services Commission, its appointed officials, elected officials, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees harmless from all liabilities, third party claims, causes of action, judgments, damages, losses and expenses (including reason-able attorney's fees) arising out of any breach of my representations and promises and performance of obligations under this Agreement. Artist also agrees to execute, and cause to have any of his or her workers/assistants, whether paid or unpaid, who are on the project site, execute, the attached Artist Waiver of Liability and Hold Harmless Agreement.
9. Disputes. Any dispute hereunder between the parties shall be submitted to non-binding mediation in accordance with the standards and procedures of the American Arbitration Association prior to the commencement of any legal or administrative proceeding against each other for any alleged violation of the Agreement.
IN WITNESS OF this Agreement, we have signed and delivered this Agreement on the date indicated above.
City of Calexico
Community Mural Project
City Manager Artist
ATTACHMENT #6
707 Dool Avenue
CITY OF CALEXICO Calexico, CA 92231-2840
Tel: 760.768.2176
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" CoUnTY. Chl COMMUNITY SERVICES COMMISSION
July 19,2024
Honorable Mayor and Members of the City Council,
The Community Services Commission convened for its regular meeting on July 10, 2024, to discuss and deliberate on the following items regarding the Community Mural Project Cycle 8:
1. Submit a Recommendation to the City Council to Run Mural Project Cycle 8 for a Total Cost of Up to $21,530.00.
2. Submit a Recommendation to the City Council to Adopt Project Guidelines and Forms and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the Project.
After a lengthy discussion, the commission is in full support of this item and voted unanimously to make the following recommendations to the City Council:
Run Mural Project Cycle 8 for a Total Cost of Up to $21,530.00.
Adopt Project Guidelines and Forms and Authorize the City Manager to Execute Agreements and/or Any Documentation Pertaining to the Project.
I want to thank the City Council for supporting this project and the Community Services Commission.
Respectfully,
Optricia 4, Thena
Patricia Ureña, Chairperson
City of Calexico Community Services Commission
Viva Calcrico!