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HomeMy WebLinkAboutCO 2026-066 - Adara KoivulaARTIST AGREEMENT 2026 Victoria Gardens Cultural Center Public Art Project This Artist Agreement is made and entered into on May 7, 2026 (“Effective Date”) by and between the City of Rancho Cucamonga (“City”) and the undersigned (“Artist”) for participation in the 2026 Victoria Gardens Cultural Center Public Art Project (“Project”). The City and Artist hereby agree to the following terms and conditions: Victoria Gardens Cultural Center Public Art Project Artwork The Artist shall provide or has provided the City with high-resolution digital images of their artwork as depicted in Exhibit A (“Artwork”) in the size, type, and manner required by the City. The Artist hereby authorizes the Artwork to be digitally transferred to a commercial wrapping method to be applied by a third party on three (3) adjacent library book drop boxes located at the Victoria Gardens Cultural Center drive way. Artist Services and Compensation By May 21, 2026, the Artist agrees to provide the following services to the City: (1) attend up to three meetings with City staff and City’s vendor to discuss technical and design issues associated with preparing the three (3) adjacent library book drop boxes; (2) at City’s direction, provide up to two revisions of the Artwork to address such issues. All revisions to the Artwork shall be provided as high-resolution digital images in a size, type, and manner required by the City and its vendor. Upon Artist’s timely satisfaction of the above services, the City will pay Artist $2,250 as full consideration for Artist services. Original work Artist represents that the Artwork is original and is solely the product of Artist’s own creative efforts and does not infringe any patent, copyright, trademark, trade name, or other proprietary right of any person or entity. Artist shall indemnify, defend and hold City harmless from and against any and all costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with a claim, suit, action, or proceeding brought by any third party against City to the extent that it is based on a claim that City’s use of the Artwork infringes a copyright, patent, or other intellectual property right under applicable State and Federal laws and regulations. Installation, Maintenance and Removal; Waiver of Rights The digital images of the Artwork may remain on the three (3) adjacent library book drop boxes for any duration of time as determined by the City. When installed, the Artist acknowledges and agrees that the Artwork may be altered in order to fit surface for the three (3) adjacent library book drop boxes. Additionally, the City may remove or make changes to the three (3) adjacent library book drop boxes on which the digital images of the Artwork is affixed, and this may require removal or modification of the digital images of the Artwork. The City further reserves the right to alter or remove in whole or in part in the City’s sole judgment at any time without notice to the Artist the Artwork. The Artist expressly waives their rights under the federal Visual Artist’s Rights Act to prevent any intentional distortion, mutilation, destruction, removal or other modification of the digital images of the Artwork on the three (3) adjacent library book drop boxes. The Artist also expressly waives their rights and those of their heirs, beneficiaries, devisees or personal representatives under the California Art Preservation Act regarding intentionally committing or allowing any physical defacement, mutilation, alteration, removal or destruction of the digital images of the Artwork. The Artist and their heirs, beneficiaries, devisees or personal representatives require no further notice for such physical defacement, distortion, modification, mutilation, alteration, removal or destruction of the digital images of the Artwork. The Artist acknowledges that the digital images may be affected by weather, graffiti or other defacement, or other causes of damage to the digital images. The City does not assume any maintenance responsibilities or liability for City of Rancho Cucamonga CONTRACT NUMBER 2026-066 Docusign Envelope ID: 09490938-70A0-8840-8034-56E330D913F4 ARTIST AGREEMENT Page 2 of 3 License; Authorization for City’s Use of Artwork Artist assigns to the City of Rancho Cucamonga an irrevocable license, in and to the Artwork. By this assignment, Artist irrevocably grants the City of Rancho Cucamonga the non-exclusive right to use, reproduce, copy, exhibit, publish, or distribute, in whole or in part, in any medium now or later developed, photographs and other two dimensional reproductions of the Artwork for informational, educational, promotional, public relations, advertising, tourism, or non-commercial purposes―without charge to City and without payment to Artist of any compensation, fee, royalty, or damages (now or in the future). Publicity Artist grants the City of Rancho Cucamonga permission to use without compensation Artist’s name, likeness, and biographical information, in connection with the Artwork for the City’s use with respect to the display, its reproduction and all advertising and promotional materials regarding the City. Waiver of Claims Artist waives any right of recovery against the City (including its officers, agents and employees) and holds the City harmless for any injury or damage to Artist including without limitation bodily injury, personal injury (i.e., libel, slander, defamation of character), and injury to property rights, arising out of Artist’s participating in the Program. Liability of City City’s payment obligations under this agreement shall be limited to the consideration provided for in this agreement. In no event is the City liable to Artist (regardless of whether any claim is based on contract or tort) for any damages, including but not limited to special, consequential, indirect, incidental damages and lost profits, arising out of or in connection with this Agreement or the Artwork provided to the City herein. Binding on others; California law This Agreement is binding upon Artist’s heirs, successors, licensees, agents and assigns, and is governed by the laws of the State of California. Entire Agreement; Modification This Agreement represents the entire and integrated agreement between City and Artist, and replaces all other negotiations, understandings, promises, and agreements, either oral or written as of the Effective Date. This agreement may only be modified in writing signed by the City’s authorized representative and Artist. Artist (signature) (print name) (date) City (signature) (print name) (date) Page 1 of 3 the digital images of the Artwork. Docusign Envelope ID: 09490938-70A0-8840-8034-56E330D913F4 5/12/2026 | 7:56 PM PDTAdara Koivula 5/13/2026 | 7:13 AM PDT Michael Parmer ARTIST AGREEMENT Page 3 of 3 EXHIBIT A Images of Application Design Docusign Envelope ID: 09490938-70A0-8840-8034-56E330D913F4 Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: 09490938-70A0-8840-8034-56E330D913F4 Status: Completed Subject: Complete with Docusign: CO 2026-066 RC Public Art_Short Form VGCC Public Art project_Adara Koiv... Source Envelope: Document Pages: 3 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Emily Serrano AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Emily.Serrano@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 5/12/2026 7:22:00 AM Holder: Emily Serrano Emily.Serrano@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Adara Koivula ajkoiv.art@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 2600:6c51:7af0:8760:6c7b:8083:14db:c648 Sent: 5/12/2026 7:27:55 AM Viewed: 5/12/2026 7:47:58 PM Signed: 5/12/2026 7:56:33 PM Electronic Record and Signature Disclosure: Accepted: 5/12/2026 7:47:58 PM ID: 1150d93c-1de0-46e4-92a8-0613736e02d6 Michael Parmer Michael.Parmer@cityofrc.us Engagement and Special Programs Director City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 5/12/2026 7:56:35 PM Viewed: 5/13/2026 7:13:22 AM Signed: 5/13/2026 7:13:33 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Clerk Contracts ClerkContracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 5/13/2026 7:13:34 AM Viewed: 5/13/2026 2:48:06 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/12/2026 7:27:55 AM Certified Delivered Security Checked 5/13/2026 2:48:06 PM Signing Complete Security Checked 5/13/2026 7:13:33 AM Completed Security Checked 5/13/2026 2:48:07 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/22/2022 12:08:29 PM Parties agreed to: Adara Koivula, Adara Koivula Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Cucamonga City Clerk's Office: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jasmin.oriel@cityofrc.us To advise City of Rancho Cucamonga City Clerk's Office of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at jasmin.oriel@cityofrc.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Cucamonga City Clerk's Office To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Cucamonga City Clerk's Office To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to jasmin.oriel@cityofrc.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Rancho Cucamonga City Clerk's Office as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Cucamonga City Clerk's Office during the course of your relationship with City of Rancho Cucamonga City Clerk's Office.