AGENDA
ITEM
16 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
16 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 15, 2026
TO: Mayor and City Council
APPROVED BY: Benjamin Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director VU
- Docus oned by.
PREPARED BY: Norma Gerardo, Recreation Manager
- 39175002C5040B.
SUBJECT: Community Mural Project Cycle 9:
1. Approve and Release Community Mural Project Cycle 9 for a Total Cost of Up to $ 29,000.00.
2. Approve the Community Mural Project Program Documents and Authorize the City Manager to Execute All Project Related Agreements and Documentation. ==================================
======
Recommendation:
City Staff and the Community Services Commission recommend that the City Council of the City of Calexico:
1. Approve and Release Community Mural Project Cycle 9 for a Total Cost of Up to $29,000.00.
2. Approve the Community Mural Project Program Documents and Authorize the City Manager to Execute All Project Related Agreements and Documentation.
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 for this cycle, one per location.
PROJECT SITES:
A) Crummett Park Public Restrooms, corner of Dool Avenue and Belcher Street.
B) Daniel V. Gutierrez Field, Corner of Andrade Avenue & Santa Fe Street.
C) Las Casitas Park, Corner of M Knechel Avenue & J M Ostrey Street.
D) Artists can propose their own location.
GENERAL INFORMATION:
• Artists must be at least 18 years of age and legally eligible to enter into a contract with the City.
Selected artists must provide all tax identification and other documentation required for payment under federal and state law.
• Only one submittal per person is 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 STIPENDS:
LOCATION ARTIST FEE INSTALLATION COST MAX TOTAL STIPEND Crummett Park $5,200.00 $4,680.00 $9,880.00
Gutierrez Field $2,970.00 $2,675.00 $5,645.00
Las Casitas Park $3,660.00 $3,295.00 $6,955.00
Own Location Up to $5,000.00* Up to $4,500.00* Up to $9,500.00* * Based on wall size and proportionate to other location stipends.
IENTATIVE PROGRAM SCHEDULE:
Artists have 3 (three) months to complete project after signing Artists Agreement.
Call for Artist Thursday, September 3, 2026
Deadline to Submit Proposals Monday, October 26, 2026
Selection/Artist Notification Thursday, December 17, 2026 Cycle Completion By Friday, April 30, 2027
On July 8, 2026, the Community Services Commission met and approved to recommend that the City Council of the City of Calexico:
1. Approve and Release Community Mural Project Cycle 9 for a Total Cost of Up to $ 29,000.00.
2. Approve the Community Mural Project Program Documents and Authorize the City Manager to Execute All Project Related Agreements and Documentation.
Fiscal Impact
Art in Public Places
Expenditure
223-90-963-56003-003 - Murals $29,000.00
Total $29,000.00
Attachments
1. Call for Artists.
2. Community Mural Project Cycle 9 Guidelines.
3. Community Mural Project Cycle 9 Application.
4. Community Mural Project Cycle 9 Forms.
ATTACHMENT #1
CITY OF CALEXICO
C D APRIL
CALL FOR ARTISTS
MPE SPATIONAL CRE
COUNTY. CAL Mural Project Cycle 9
PROJECT TIMELINE
CALL FOR PROPOSAL ARTIST CYCLE
ARTISTS DEADLINE NOTIFICATION COMPLETION
Now!! October 26, 2026 December 17, 2026 April 30, 2027 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 9
CALEXICO
City of Calexico Recreation Department Norma Gerardo
760-768-2176
707 Dool Avenue
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. Crummett Park Public Restrooms, Corner of Dool Avenue & Belcher Street. Mural area: South-West, South- East, and North-East faces (outside fenced area. Approx. Total Coverage = 1,040 ft?. Primer needed.
Site B. Daniel V. Gutierrez Field, Corner of Andrade Avenue & Santa Fe Street. Approx. Total Coverage = 594 ft?. Primer needed
Site C. Las Casitas Park, Corner of M Knechel Avenue & J M Ostrey Street. Approx. Total Coverage = 732 ft?. Primer needed.
Site D. 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 a signed Property Owner Agreement must be submitted with proposal, along with wall dimensions, total square footage, and pictures of proposed location. For privately owned proposed locations, an executed Property Owner Agreement between the City and property owner will be required prior to project commencing. The City reserves the right to not approve recommended locations. Proposed location must be at least 400 ft?.
Artistic Theme Descriptions: Please see below themes for specific locations:
Site A. Crummett Park has historically served as a vibrant gathering space for the community, hosting a variety of events such as mariachi festivals, Easter celebrations, and other cultural and recreational activities. Its location. situated behind the public library and between an elementary school and the local high school, positions it as a unique crossroads of learning, culture, and community life.
Murals may incorporate:
• Cultural elements such as music, dance, and performance (e.g., mariachi influences, concerts) • Community events and celebrations
• Intergenerational connections (youth, families, students) • Educational and artistic influences tied to its proximity to schools and the library • Themes of unity, diversity, and civic pride
Site B. Gutierrez Field has long served as a central space for soccer in the community, representing tradition, passion, and cultural identity. The artistic theme for this location will focus on soccer, multiple sports, youth development, and/or community connection through play.
Murals may incorporate:
• Children and families engaging in play and recreation • Soccer and/or multiple sports and activities represented • Bright, welcoming visuals that reflect a safe and joyful environment 2026 1
Site C. Las Casitas Park serves as a multi-use, family-oriented space, featuring a playground and open areas used for a variety of recreational activities that may include walking, soccer, softball conditioning, and flag football.
The artistic theme for this location is open. Bright, welcoming visuals that reflect a safe and joyful environment is encouraged.
Site D. 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:
Selected mural projects are commissioned as temporary public art installations. The intended initial display term for murals is three (3) years from the date of installation, unless earlier removed, modified, relocated, covered, discontinued, or destroyed at the City's sole discretion. The City may elect to continue or extend display beyond the initial term. Artists should not assume permanent installation, preservation, or continued display.
For privately owned proposed locations, an executed agreement between the City and the property/building owner must be on file prior to project approval and before work begins. City-owned sites do not require a Property Owner Agreement.
Up to three (3) artists may be selected - one (1) per site location.
Artists must be at least 18 years of age and legally eligible to enter into a contract with the City. Selected artists must provide all tax identification and other documentation required for payment under federal and state law. - 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 Stipend: Up to three (3) artists/projects may be selected.
Site A. Crummett Park up to $ 9,880.00
Artist Stipend: $ 5,200.00
Installation Costs: up to $ 4,680.00
Site B. Gutierrez Field up to $ 5,645.00:
Artist Stipend: $ 2,970.00
Installation Costs: up to $ 2,675.00
Site C. Las Casitas Park up to $ 6,955.00:
Artist Stipend $ 3,660.00
Installation Costs: up to $ 3,295.0
Site D. Own Location: based on location size, up to $9,500.00*:
Artist Stipend: up to $5,000.00*
Installation Costs: up to $ 4,500.00*
2026 2
* Amounts will be determined by the City and will be strictly determined by location size - proportionate to the other sites.
Upon execution of the Artist Agreement, the Artist will receive an initial advance stipend of $1,800.00 from the allocated Installation Costs. These funds are intended for the acquisition of liability insurance, a City of Calexico Business License, a City of Calexico Temporary Use Permit (TUP), and any other required City-related permits. Receipts for these expenses must be submitted to the Recreation Department ("Department").
If the Artist is unable to obtain the required liability insurance, business license, or TUP, the Artist shall return the full amount of the initial advance to the City no later than three (3) months after execution of the Artist Agreement.
After obtaining all required permits and insurance, the Artist may utilize the remaining allocated Installation Cost funds for the purchase of materials and supplies necessary for mural preparation and installation. Only direct mural preparation and installation expenses shall be eligible for reimbursement. The purchase of machinery or equipment is not eligible for reimbursement; however, equipment rental costs are eligible.
Following exhaustion of the initial advance stipend, additional eligible Installation Costs shall be reimbursed to the Artist, not to exceed the maximum amount established in the Project Guidelines. The Artist shall retain and submit all receipts to the Department. Receipts may be submitted at any time up to project completion; receipts submitted after project completion will not be reimbursed. Only receipts submitted to and approved by the Department shall be considered eligible for reimbursement. Reimbursement will be processed within four (4) weeks of receipt submittal.
Upon submission and reconciliation of all Installation Costs, any remaining unused balance from the allocated Installation Cost funds shall be deducted from the total Artist Stipend.
The final installment of the Artist Stipend (Artist Fee) shall be issued upon full completion of the project and final inspection and approval by the City.
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).
Application: Incomplete applications will be disqualified.
1. Application packet due by 5:00 p.m. on October 26, 2026.
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: Norma Gerardo
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 2026 3
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, and any copyrighted materials are prohibited.
Artists further acknowledge that murals commissioned under the Community Mural Project are temporary public art installations. As such, the City reserves the right, in its sole discretion, to alter, repair, restore, relocate, cover, remove, replace, or permanently discontinue any mural at any time, consistent with the Artist Agreement.
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 17, 2026.
Tentative Program Schedule: Artists have 3 months to complete the project after signing Artists Agreement.
Call for Artists Thursday, September 3, 2026
Deadline to Submit Proposals Monday, October 26, 2026
Selection/Artist Notification Thursday, December 17, 2026 Cycle Completion By Friday, April 30, 2027
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 re-run the program should there be insufficient qualifying submissions and/or if there is a lack of good quality art proposals. The City reserves 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. The City reserves the right, in its sole discretion, to alter project scope, mural location, approved concepts, installation timing, or to remove, discontinue, or replace murals at any time. 2026 4
ATTACHMENT #3
Community Mural Project Application
City of Calexico Recreation Department (760) 768-2176
Teleas 707 Dool Avenue Norma Gerardo
CALEXICO Calexico, CA 92231 [email protected]
APPLICANT CONTACT INFORMATION
Name of Applicants) 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.
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-C don't require other City 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:_ $.
Price: Qty:_ $_
C..
d.. _Price: _ Qty:_
e. _ Price: _ Qty:_ $_
f._ Price: Qty:_ $_
_Price:_ Qty:_ $.
g.
h._ Price: Qty: - $.
Price: Qty:_ $_
i.
Price: Qty:_ $-
i.
k. Price:_ Qty:_ $-
- Price: Qty:_ $-
Price: _ Qty:_ $
m.
Price: Qty: $.
n.-
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. • Community Mural Project Application & Artist Budget Estimate.
3. • Property Owner Agreement (if applicable - not needed for Sites A-C).
4. • Artist qualifications and examples of previous works (desired and recommended).
5. • If proposing a Site D, addition of photographs of proposed mural site and its surroundings.
6. • If proposing a Site D, 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
CSC Agreement
Date Application cc Final
Received Project Selected Ratification 1" Stipend
Application Complete? Completed? Completion Installment By: Review Y/N Date: Date:
Received: Y/N Date: Y/N Date:
Date:
Staff Notes:
4 ATTACHMENT #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 promote public art, enhance community spaces, encourage artistic expression, and enrich the visual experience of residents and visitors. 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:
The Owner hereby agrees to allow the City to install a temporary public art mural ("Mural") on the wall of the building located at The
dimensions of the mural will be dependent upon the subject and project. The Mural is intended as a temporary public art installation and shall be allowed to remain on the wall for an initial period of three (3) years, unless earlier removed in accordance with this Agreement. This Agreement may be extended for successive three (3) year periods upon the written extension between the Owner and the City prior to the end of the initial three-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. Notwithstanding any other provision of this Agreement, the City reserves the right, in its sole and absolute discretion, to remove, relocate, alter, cover, or permanently discontinue the Mural at any time, with or without cause, and without compensation to the Owner. The owner acknowledges and understands that it shall not be entitled to receive any compensation from the City in connection with the mural project.
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 existing wall surface.
The City makes no representation or warranty regarding the long-term condition or suitability of the underlying wall surface. 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 maintain the Property, including the building exterior and wall upon which the Mural is installed, in good condition and repair and in compliance with all applicable laws. Owner shall remain solely responsible for 1 the structural integrity, condition, repair, and maintenance of the building, wall surface, and surrounding property, including but not limited to cracks, water intrusion, peeling surfaces, structural deterioration, or any condition affecting the wall or building itself. The Owner shall maintain adjacent sidewalks, driveways, and landscaped areas in a clean and orderly condition, including the removal of trash and debris, washing of sidewalks and driveways as needed, and routine weeding and pruning of landscaping. The City shall be responsible for maintenance, repair, restoration, graffiti abatement, alteration, replacement, or removal of the Mural itself, at the City's sole discretion and subject to available funding. The City's responsibility for the Mural does not include repair, restoration, or maintenance of the building, wall surface, or any underlying structural condition of the Property. In the event the condition of the wall or Property interferes with the integrity, safety, or preservation of the Mural, the City may, at its sole discretion, remove, cover, discontinue maintenance of, or permanently remove the Mural without liability. Owner agrees to provide the City and its authorized representatives reasonable access to the Property for purposes of inspecting, maintaining, repairing, restoring, or removing the Mural.
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. Termination without cause. The City reserves the right to terminate this agreement or any part thereof for its sole convenience with seven (7) days written notice. In the event of such termination, Artist shall immediately stop all work hereunder and shall immediately cause any of its suppliers and subcontractors to cease such work.
8. This Agreement shall be subject to and governed by the laws of the State of California.
9. The parties agree that any dispute arising out of relating to this agreement shall be brought exclusively in the Superior Court of California, County of Imperial.
10. 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
2 11. 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:
Benjamin Martinez, City Manager Property Owner/Authorized Signatory City of Calexico
Community Mural Project
Artist/Participant Waiver of Liability and Hold Harmless Agreement (One per person working on the mural)
In consideration of being granted permission to design, create, and/or assist in the installation of a temporary public art 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 property owner, 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, priming, working at heights, use of ladders or scaffolding, exposure to weather conditions, site hazards, tools, equipment, and materials. 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.
No individual, whether artist, assistant, volunteer, subcontractor, paid worker, or unpaid helper, may participate in mural installation activities unless this waiver has been fully executed. [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.
I understand and acknowledge that the Artwork is a temporary public art installation and may be altered, covered, relocated, repaired, restored, modified, removed, or permanently discontinued by the City at any time, in its sole discretion, with or without notice or cause. I waive any claim arising from such actions.
Signed this day
Name of Artist/Participant
Signature
Address. _ City
State Zip Code ..
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") an independent artist.
WHEREAS, the City wishes to engage Artist to design and create a temporary public art mural installation ("Artwork") as part of the Community Mural Project:
Description: Painted Mural on Outdoor Walls)
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. Artist acknowledges that the Artwork is intended as a temporary public art installation and not as a permanent work of art. The City reserves the right, in its sole discretion, to alter, repair, restore, relocate, remove, replace, or permanently discontinue any mural at any time.
City shall have sole and absolute discretion to approve, conditionally approve, or deny any and all designs submitted by Artist, and no design shall be implemented unless and until expressly approved in writing by the City.
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.
To the extent any portion of the Work is determined not to constitute a work made for hire, Artist hereby irrevocably assigns, transfers, and conveys to City, without further consideration, all right, title, and interest in and to the Work.
3. Moral Rights. Artist acknowledges and agrees that the Artwork is commissioned as a temporary public art installation. Unless earlier removed, modified, discontinued, or destroyed pursuant to this Agreement, the intended initial display term of the Artwork is three (3) years from the date of installation. The City may, in its sole and absolute discretion, continue or extend the display of the Artwork beyond the initial term without further consent from the Artist. Nothing in this Agreement shall be construed as guaranteeing display, maintenance, preservation, or restoration of the Artwork for any specific duration. 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. Artist acknowledges and agrees that the Artwork is a temporary public art installation. Accordingly, the City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair, restore, cover, or permanently discontinue the Artwork, in whole or in part, in the City's sole and absolute discretion, at any time, with or without cause. 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.
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. Artists understand that City or the selection panel will notify Artist whether they approve or disapprove of Artist's Design on or about December 17, 2026.
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. Any costs exceeding the established amount shall be the sole responsibility of the Artist. Installation Costs shall be provided to the Artist up to the maximum amount established in the Community Mural Project Guidelines. Upon execution of this Agreement, the Artist shall receive an initial advance stipend of $1,800.00 from the allocated Installation Costs Following exhaustion of the advance stipend, additional eligible Installation Costs shall be reimbursed in accordance with the Community Mural Project Guidelines and shall not exceed the maximum Installation Cost allocation for the project. These funds are intended for the acquisition of liability insurance, a City of Calexico Business License, a City of Calexico Temporary Use Permit (TUP), and any other required City-related permits. Receipts for these expenses must be submitted to the Recreation Department ('Department"). If the Artist is unable to obtain the required liability insurance, business license, or TUP, the Artist shall return the full amount of the initial advance to the City no later than three (3) months after execution of the Artist Agreement. After obtaining all required permits and insurance, the Artist may utilize the remaining Installation Cost funds for the purchase of materials and supplies necessary for mural preparation and installation. Only direct mural preparation and installation expenses shall be eligible for reimbursement. The purchase of machinery or equipment is not eligible for reimbursement; however, equipment rental costs are eligible. All eligible Installation Costs shall be reimbursed, not to exceed $ _ (including the advanced initial Installation Cost advance). Any amount exceeding the Installation Costs is the sole responsibility of the Artist. The Artist shall retain and submit all receipts to the Department. Receipts may be submitted at any time up to project completion; receipts submitted after project completion will not be reimbursed. Only receipts submitted to and approved by the Department shall be considered eligible for reimbursement. Reimbursement will be processed within four (4) weeks of receipt submittal. Upon submission and reconciliation of all Installation Costs, any remaining fund balance from the advanced Installation Cost stipend shall be deducted from the Artist Stipend $ _ Final Artists Stipend installment will be provided upon project's full completion and inspection. Total project award is not to exceed $ . Any amount exceeding total project award is the sole responsibility of the Artist.
6. Workmanship Warranty. Artist agrees that the Artwork shall be completed in a professional and workmanlike manner using appropriate preparation techniques, materials, and installation methods consistent with the Community Mural Project Guidelines. In the event defects in workmanship attributable to the Artist's installation or preparation are identified within ninety (90) calendar days following the City's final inspection and acceptance of the Artwork, the Artist shall, upon written notice from the City, promptly correct such defects at no additional compensation.
7. 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.
8. 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.
9. 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.
10. Independent Contractor. Artist is and shall remain an independent contractor and not an employee, agent, partner, or joint venturer of the City. Artist shall be solely responsible for all taxes, insurance, permits, licenses, and obligations arising from Artist's performance under this Agreement.
11. Term. Artist shall commence work on _ _ and shall substantially complete the work no later than _ subject to extensions approved in writing by the city.
12. Originality. Artist represents and warrants that the work is original, is the sole creator of the work, the work does not infringe any copyright trademark, right of publicity, or other intellectual property right; and possesses full authority to enter into this agreement.
13. Insurance. Before commencing work, Artist shall maintain insurance in amounts reasonably required by City, including commercial general liability insurance.
14. Maintenance. The City shall have no obligation to undertake any main maintenance, restoration, repair, relocation, covering, or removal of the Work, but may do so only in its sole discretion.
15. Default. If Artist breaches this agreement, the City may terminate this agreement and pursue all available remedies.
16. Termination without cause. The City reserves the right to terminate this agreement or any part thereof for its sole convenience with seven (7) days written notice. In the event of such termination, Artist shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and subcontractors to cease such work.
17. Any notices required pursuant to this Agreement shall be served at the following addresses:
City/Community Mural Project: Artist:
Attn: Recreation Manager
707 Dool Avenue
Calexico, CA 92231
18. Disputes. The parties agree that any dispute arising out of relating to this agreement shall be brought exclusively in the Superior Court of California, County of Imperial.
19. Governing Law. This agreement shall be governed by the laws of the State of California.
20. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior negotiations or understandings. No amendment shall be effective unless in writing and signed by both parties.
[Signature provision on following page]
IN WITNESS OF this Agreement, we have signed and delivered this Agreement on the date indicated above.
City of Calexico
Community Mural Project
Benjamin Martinez, City Manager _ Artist