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Home My WebLink AboutCO 2026-061 - Carly LakeDocusign Envelope ID: 1BF032AF-EAFB-43FC-B506-FE6C143FCOIO k cliky of Ran dir., ARTIST AGREEMENT This Artist Agreement is made and entered into on January 14, 2026 ("Effective Date") by and between xrtir-o*�"'K wk�*-Kawo-I_ i6oiIniiiIA-ti , 2 2, Mini Mural installation ("Program"). The City and Artist hereby agree to the following terms arid conditions: 1. Mini Mural Final Design installation. The Artist will install and paint the final designs approved by the City under the 2025-2026 Mini Mural Conceptual Design Agreement, as shown in Exhibit A, for the two (2) individual directional markers located approximately at Aj6jhj6jA)& & Pacific Electric Trail shown in Exhibit A. 2. Artist Services and Compensation. City agrees to pay Artist as follows: $2,000 for the installation of the two (2) final designs forthe Program Artwork, togetherwith any intellectual and proprietary rights related thereto, and Artists waivers set forth herein, Total compensation ("Compensation") to be paid to the Artist shall be the ALL-INCLUSIVE, NOT -TO -EXCEED AMOUNT OF $2,000. Payment terms are $2,000 upon completion of the requirements outlined in Section 5. Docusign Envelope ID: 1BF032AF-EAFB-43FC-8506-FE6C143FCof0 the City may likewise direct the Artist to make changes to the Final Design or Artwork for any nonaesthetic reason. Such changes to the Final Design or Artwork shall be made as follows: a. Minor Changes: Minor changes to the Final Design or Artwork initiated by the Artist require Notice to, but not approval from, the City. Minor changes are changes that do not impact the overall scope, layout, color, shape, size, material, texture, or structural elements of the Artwork. The City has the sole discretion to determine what constitutes a minor or major change. The Artist may consult with the City, as needed, to ensure changes are properly classified as minor and major. The City may also reject, for non -aesthetic reasons, a minor change within 3 days of receipt of the Notice from the Artist of the change. b. Major Changes: Major changes to the Final Design or Artwork initiated by the Artist require approval by the City. Major changes include, but are not limited to, changes to the overall scope, layout, imagery, color, shape, size, material, texture, or structural elements of the Artwork. The City may reject any proposed major change for any reason. If the City rejects a major change, the Artist shall either continue with the Final Design as approved by the City or shall revise and resubmit the proposed major change within 10 days of the City's original rejection. If the City rejects any re -submitted change, the City may terminate this Contract, if the Artist will not revert to the Final Design without the proposed changes. 5. Completion. a. The Artist shall give Notice to the City when the Artist believes the installation of the Artwork is complete. Once the Artist provides the Notice of Completion to the City, the City will complete a Site inspection. If the City determines that the Artwork is unsafe, incomplete, or materially inconsistent with the Final Design, the City may take any of the following actions: i. Accept the Artwork as constructed and installed, reserving its right to modify the Compensation to address the unsafe, incomplete, or materially inconsistent conditions; ii. Direct the Artist to correct any unsafe, incomplete, or materially inconsistent condition in the Artwork, at the Artist's cost, reserving the City's right to modify the Compensation in order to account for any delays caused by the deficiencies. The Artist shall bear the sole risk that the time required to comply with the City's directions will exceed the time allotted under the Schedule; or iii. Reject the Artwork and terminate this Contract for cause. b. Once the City determines that the installation is complete, and prior to payment by the City, Artist shall provide the City with: (i) a written General Maintenance Plan for the Artwork, describing the Artwork's composition and all materials used in its creation and anticipated maintenance requirements; (ii) a recommended maintenance schedule; and, (iii) any other instructions for reasonably foreseeable maintenance and preservation activities relating to the Artwork not otherwise provided. c. The Artist shall be responsible for any and all clean-up of the Site, including the proper recycling or disposal of any unused, excess, or leftover materials not incorporated into the Artwork. If the Artist fails to do this and the City incurs additional costs to clean up the Site, the City shall be entitled to deduct all such costs from the final payment. d. If the City accepts the Artwork, either with or without modifications to the Compensation, the City will issue a Certificate of Completion in a form provided by the City. The issuance of E al Docusign Envelope ID: 16F032AF-EAFB-43FC-8506-FE6C143FC010 a Certificate of Completion does not waive any rights or remedies afforded the City in this Contract or by law, nor does it waive any deficiencies in the Artist's work, 7. Original work. Artist represents that the services rendered to this Agreement shall result in original Artwork designs that are solely the product of Artist's own creative efforts and do 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, 8. 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 two4mensional 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). 9. Publicity. Artist grants the City of Rancho Cucamonga permission to use without compensation the 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. 10. Waiver of Claims. Artist waives any right of recoveiry against the City (including its officers, agents and employees) and holds the City harmless for any Injury or d a mage 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. In't Docusign Envelope ID: 18Fo32AF-E4FB-43FC-8506-FE5Cl43F'C010 tt. 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. 12. 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. 13. 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. Oonuftnsd by. Artist L��, ,�ancncco+ea�a... 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