HomeMy WebLinkAboutMontjoy, Michelle; 2020-02-27;City Attorney Approved Version 1/30/13
1
AMENDMENT NO.1 TO AMEND AND EXTEND THE AGREEMENT FOR
ARTWORK LOAN & ARTIST SERVICES AGREEMENT
MICHELLE MONTJOY
This Amendment No.1 is entered into and effective as of the ___1st____ day of
______June___________, 2020, extending the agreement dated February 27, 2020 (the
“Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Michelle
Montjoy, (“Artist") (collectively, the “Parties”) for the exhibition of “Edges Frayed” at the CITY’s
William D. Cannon Art Gallery.
RECITALS
A. On February 27, 2020, the Parties executed the original Agreement; and
B. The Parties desire to extend the term of the Agreement and amend and replace
Exhibit B “Scope of Services” to provide for virtual delivery of certain services; and
B. The Parties have negotiated and agreed to the amended scope of work and to
extend the Agreement until August 16, 2020.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Artist agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby extended
from May 24, 2020 to August 16, 2020. All references to “May 24, 2020” in the
Agreement are hereby replaced with “August 16, 2020.”
2. The “Loan Period” in Exhibit A is hereby extended until August 16, 2020.
3. “Exhibit B” to the Agreement is hereby replaced with the “Exhibit B” attached to this
Amendment No. 1. The Artist shall complete all work described in “Exhibit B”.
4. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Artist pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced on behalf of
Artist each represent and warrant that they have the legal power, right and actual authority to bind
Artist to the terms and conditions hereof of this Amendment.
ARTIST
By: di
ti,
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:~~I
City Manager or ie Director
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by Artist must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two
groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 1/30/13
2
EXHIBIT "B"
SCOPE OF SERVICES
Existing ARTIST artwork on-site at the CITY's William D. Cannon Art Gallery will remain through
the new extended date. The City will hold one (1) Artist panel and two (2) workshops with Artist
in attendance at the Dove Library, 1775 Dove Lane, or provide support for Artist to deliver
services through a virtual format. All events shall take place before August 16, 2020, last day of
the City's Edges Frayed Exhibit. All events and times will be pre-arranged and coordinated in
writing with City's Cultural Arts Manager or designee. The City will provide direction and
assistance for best practices for all virtual activities.
Contact Information:
ARTIST Name: Michelle Montjoy
Address: 1921 S. Nevada Street, Oceanside, CA 92054
Phone: 760-519-8946
Email: michellemontjoy0 1@gmail .corn
CITY's Program & Venue Coordinator: Karen McGuire
Contact: 760-602-2022
Email: Karen.McGuire@carlsbadca.gov
Invoicing/ Payment
The Artist shall submit to City's Cultural Arts Manager Richard Schultz or Designee an
invoice to include panel date and workshop details. Final invoice approval will be
completed by City's Library & Cultural Arts Director or designee.
City Attorney Approved Version 1/30/13
3
TERMS AND CONDITIONS FOR LOAN AGREEMENT
This Agreement entered into on ....._j.!2J:> . :2 7 , 2020.
BETWEEN
AND
Michelle Montjoy
1921 S Nevada St
Oceanside, CA 92054
(hereinafter "LENDERS" or "ARTIST")
City of Carlsbad, a municipal corporation
Cultural Arts Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
(hereinafter "CITY")
Recitals
WHEREAS, CITY desires to exhibit LENDER'S works of art (hereinafter "Artwork") from
March 1, 2020 -May 24, 2020 for the exhibition "Edges Frayed" at the CITY's William D.
Cannon Art Gallery.
1. Term
LENDER agrees to loan the Artwork specified on checklist attached as Exhibit "A" of this
Agreement to CITY. LENDER will transport and deliver and oversee the artwork installation at
the Cannon Art Gallery. The Artwork will remain in the CITY'S possession during the loan
period. CITY will notify LENDER at CITY'S sole discretion if any Artwork needs to be withdrawn
from the exhibit. CITY and LENDER may agree in writing to extend the duration of this
Agreement. Acceptance of the Artwork does not imply that the Artwork will be placed or
:t maintained on public display for the duration of the Agreement. The City will hold workshops
with LENDER in attendance sometime between the period of April 5 to May 23, at time arranged
and coordinated with the City's Cultural Arts Manager or Designee.
2. Transportation and Packing
LENDER certifies that the work to be loaned to the CITY under the terms and conditions of this
agreement is in good condition. CITY shall inspect the Artwork and complete and sign the
opening condition report for each piece of Artwork, which will constitute the condition of the
property at the time of the receipt of the Artwork loan. Any discrepancies, losses or evidence of
damage to the Artwork noted at the time of inspection, or at any time while in the CITY'S
custody will be reported immediately to the LENDER.
LENDER will deliver artwork to the Cannon Art Gallery between seven (7) and ten (10) days
prior to the Exhibit opening date. At the end of the exhibition, LENDER will be responsible for
picking up ARTWORK within seven (7) and ten (10) days of the end of exhibition unless other
written arrangements are made between CITY and LENDER. All drop-off and pick-up deliveries
shall be coordinated with the CITY's Cultural Arts Manager or Designee.
3. Insurance
Artwork transported by LENDER is insured from the time of arrival at the Cannon Art Gallery
until the time it is picked up by the LENDER. CITY will insure the Artwork against any loss or
damage while it is in the CITY'S possession for the Fair Market Value as specified by the
LENDER in Exhibit A of this Agreement. For purposes of insurance coverage, the CITY requires
the LENDER to value Artwork(s) accurately based upon Artworks by the artist of similar size,
style, medium, and if possible, based upon previous sales. The CITY may require LENDER to
provide reasonable evidence of the Artwork's stated market value. In the event of loss or
damage to the Artwork, LENDER'S failure to provide supporting evidence of the Artwork's
stated market value will result in the CITY'S sole determination of the Artwork's market value.
The signing of this Agreement by the CITY does not constitute an endorsement of the
LENDER'S stated value. In the event of loss of or damage to the Artwork, LENDER'S recovery
from the CITY and/or insurer is limited to the maximum coverage amount specified in the
Agreement. LENDER agrees to hold the CITY and its officers, agents, employees and
volunteers harmless from any and all claims in excess of maximum coverage amount indicated
in this Agreement. In the event of partial loss or damage, the CITY'S liability shall be limited to
the cost of repair or restoration or any resulting loss in fair market value. CITY shall not be liable
for any indirect, special, incidental, punitive or consequential damages; even if the CITY has
been advised of the possibility of such damages.
4. Compensation
The total fee payable to LENDER will not exceed two thousand dollars ($2,000). No other
compensation will be allowed except for items covered by subsequent amendments to this
Agreement. Fees will be payable as follows:
Payment $2,000 Upon completion of CITY's workshop
5. Damage
Artwork will be visually inspected upon receipt and any noticeable damage will be documented
on the delivery receipt. Evidence of damage to Artwork while in the CITY'S custody will be
reported immediately to the LENDER. CITY may elect to display damaged Artwork if in CITY'S
sole determination the displaying of the damaged Artwork will not exacerbate the preexisting
damage.
6. Reproduction Rights, Publicity and Photography
Except as limited by the Agreement, LENDER retains any or all copyright, licensing and/or
ownership rights to the Artwork available to him/her under state or federal law.
LENDER grants CITY the right to photograph, telecast, or make similar visual reproductions of
the Artwork covered by this Agreement for publicity and advertising purposes and other
educational purposes and in catalogues or posters that it distributes.
CITY agrees to acknowledge the artist on all related printed matter. Exhibition announcements,
publicity releases, invitations, posters, signs or other promotional or educational materials
relating to the Artwork.
7. Warranty of Title
LENDER warrants that LENDER is either the owner of the Artwork or the authorized agent of
the lawful owner or artist of the Artwork and has the authority to enter into this Agreement and to
grant the rights to CITY as set forth in this Agreement. LENDER also warrants that the
Artwork(s) is not now or will be subjected to claims of ownership, lien, encumbrance, copyright
infringement, or trademark infringement under any state or federal law. LENDER shall indemnify
the CITY, its officers and employees for all damages related to a claim asserting a violation or
claim of violation of this Warranty of Title, including reasonable attorney fees and costs.
8. Withdrawals
Artwork, once placed for exhibition cannot be withdrawn from an exhibition by the LENDER for
any reason without written approval from the CITY and suitable replacement (s) provided.
9. Termination
LENDER or CITY may terminate this Agreement prior to the start of the Term, as set forth on
page 1 of this Agreement, by giving the other party thirty (30) days written notice. Termination
by LENDER, however, is subject to section 9, above. Termination by LENDER will not result in
the withdrawal of Artwork already placed for exhibition. In the event the LENDER terminates this
Agreement, LENDER will refund, within ten (10) calendar days, all fees paid to LENDER by the
CITY. In the event the CITY terminates this Agreement, LENDER may retain fifty percent (50%)
of the fees paid by CITY; LENDER shall refund the balance of the fees to CITY within ten (10}
calendar days.
10. Assignment and Binding Agreement
This Agreement shall not be assigned without the prior written consent of the CITY, which
consent shall not be unreasonably withheld. This Agreement shall be binding upon the heirs,
successors, and assigns of LENDER.
11. Entire Agreement
This Agreement, together with any other document referred to in it embodies the entire
agreement and understanding between the parties relating to its subject matter. The Agreement
supersedes and replaces and all precious agreements, whether verbal or written, between the
parties with regard to the subject matter herein. Neither this Agreement nor any of its provisions
may be amended, modified, waives, or discharged except by an instrument in writing executed
by parties to this Agreement.
12. Governing Law
This Agreement shall be governed by and construed exclusively in accordance with the laws of
the State of California. If any term or provision of this Agreement shall be held illegal,
unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining
portions of this Agreement shall not be affected thereby. Venue for purposes of enforcing any
provision of this Agreement shall be San Diego County.
13. Signing Authority
The individual on his/her own behalf or the representative for each party signing on behalf of a
corporation, partnership, joint venture or governmental entity hereby declares that authority has
been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and
agrees to hold the other party or parties hereto harmless if it is later determined that such
authority does not exist.
Acknowledged and Accepted:
LENDER/ARTIST
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
~~ptJI~
Library & Cultural Arts Director
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
Approved as to Form:
CELIA A. BREWER, City Attorney
By: u,utU( j{, Af C/f1d:/wt--
Deputy/Assistant City Attorney
ATTEST:
By\.¾~!! '{IJ<-7/lvJ
~ARBARAENGLESO
I) City Clerk
( Cicyof
Carlsbad
Cultur;:il Art<;
City of Carlsbad
William D. Cannon Art Gallery
1775 Dove Lane
Carlsbad, CA 92009
(760) 602-2021
William D. Cannon Art Gallery Loan Agreement, Exhibit "A"
Exhibit Edges Frayed
Exhibit March 1 -May 24, 2020 Dates
Loan February 21 -May 30, Period
Dates 2020
Lender Michelle Montjoy
Artist Michelle Montjoy
Title Saw: sharp
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Title Compass: sure
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Address
City/State/Zip
Telephone
E-mail
Insurance
Value$
Size
Year Made
Credit Line
(Lent Bv)
Insurance
Value$
Size
Year Made
Credit Line
(Lent By)
Insurance
Value$
1921 S Nevada St
Oceanside, CA 92054
760-519-8946
michellemontjoy01@gmail.
com
$600.00
24"w x 16" h
2019
Michelle Montjoy
$600.00
14"w X 8"h
2019
Michelle Montjoy
$600.00
Title Compass: sharp Size 16"w x 18"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Blades: sharp Size 18"w X 18"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Mousetrap: sharp Size 14"w x 14"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Weasel: sharp Size 24"wx 32"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent Bv)
Artist Michelle Montjoy
Title Chisel: sure
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Title Pocket knife: sharp
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Title Fishing hooks: sure
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Title Carpet knife: sharp
Media Metal, thread, fabric
Descriptio Found metal object,
n thread, chiffon
Artist Michelle Montjoy
Insurance
Value$
Size
Year Made
Credit Line
(Lent By)
Insurance
Value$
Size
Year Made
Credit Line
(Lent By)
Insurance
Value$
Size
Year Made
Credit Line
(Lent By)
Insurance
Value$
Size
Year Made
Credit Line
(Lent By)
Insurance
Value$
$600.00
30"w X 36"h
2019
Michelle Montjoy
$600.00
14"w x 12"h
2019
Michelle Montjoy
$600.00
13"w X 20"h
2019
Michelle Montjoy
$600.00
16"w x 23"h
2019
Michelle Montjoy
$600.00
Title Snips: sure Size 14"w x 16"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Dog nail clippers: sure Size 12"w x 18"h
Media Metal, thread, fabric Year Made 2019
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Giant fish hook: sure Size 18"w x 18"h
Media Metal, thread, fabric Year Made 2020
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Knife: sharp Size 12"w x 12"h
Media Metal, thread, fabric Year Made 2020
Descriptio Found metal object, Credit Line Michelle Montjoy n th read, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Bit: sure Size 12"w x 20"h
Media Metal, thread, fabric Year Made 2020
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $600.00 Value$
Title Ice pick: sharp Size 12"w X 20"h
Media Metal, thread, fabric Year Made 2020
Descriptio Found metal object, Credit Line Michelle Montjoy n thread, chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Man in suit Size 14"w x 9"h
Media Year Made 2019
Descriptio Figurine, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Diver/soldier Size 14"w x 9"h
Media Year Made 2019
Descriptio Figurines, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Couple Size 12"w X 16"h
Media Year Made 2020
Descriptio Figurine, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Catwoman/graduate Size 10"w X 10"
Media Year Made 2020
Descriptio Figurines, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Cowboys and matador Size 12"w x 9"h
Media Year Made 2020
Descriptio Figurines, thread, Credit Line Michelle Montjoy n chiffon (Lent Bv)
Artist Michelle Montjoy Insurance $500.00 Value$
Title Seated man and Size 12"w x 9"h bench
Media Year Made 2020
Descriptio Figurines, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $500.00 Value$
Title School boy, woman Size 12"wx 12"h with gun
Media Year Made 2020
Descriptio Figurines, thread, Credit Line Michelle Montjoy n chiffon (Lent By)
Artist Michelle Montjoy Insurance $5000.00 Value$
Title Sigh Size 7'w x 7'h
Media Textile Year Made 2019
Descriptio Embroidery on found Credit Line Michelle Montjoy n textile (Lent By)
The attached Terms and Conditions for Loan Agreement is incorporated herein.
I a n edge I h~ve rea and agree with loan information as stated on this page.
· t(i, lw~
DATE
EXHIBIT"B"
SCOPE OF SERVICES
ARTIST will provide new artwork during the Exhibit period. In addition, ARTIST will be featured
at one (1) Artist Panel on April 5 and attend two (2) workshops as coordinated with the City's
Cultural Arts Manager or Designee, as part of the CITY's Edges Frayed Exhibit.
Contact Information:
ARTIST Name: Michelle Montjoy
Address: 1921 S Nevada St Oceanside, CA 92054
Phone: 760-519-8946
Email: michellemontjoy01@gmail.com
CITY's Program & Venue Coordinator: Karen McGuire
Contact: 760-602-2022
Email: Karen.McGuire@carlsbadca.gov
Engagement Venues:
Carlsbad City Library's -1775 Dove Lane, Carlsbad, CA 92011
Ruby G. Schulman Auditorium, William D. Cannon Art Gallery, George and Patricia Gowland
Meeting Room
Exhibit Artist Panel:
On April 5, from 6:30 p.m. to 8 p.m., ARTIST will be part of an Exhibit Artist Panel to give
background on their work and discuss the Artistic process, and answer questions from
participants. ARTISTS are expected to be on site by 5:30 p.m. and check-in with the CITY's
Program and Venue Coordinator.
Workshop:
The ARTIST will be demonstrating and then guiding participants on a hands-on art project
related to the ARTIST's work of art. Each workshop is three (3) hours in duration. All workshop
materials will be provided by the ARTIST.
Workshop Proposed Period: April 5 to May 23, 2020 from 9 a.m. to noon and 1 p.m. to 4 p.m.
on pre-selected days as coordinated with the City's Cultural Arts Manager or Designee.
The CITY will provide refreshments to the ARTIST at each event. The CITY will charge NO
ADMISSION for the Panel or Workshop.
Invoicing / Payment
The ARTIST shall submit to City's Cultural Arts Manager Richard Schultz or Designee an
invoice to include panel date and workshop details. Final invoice approval will be
completed by City's Library & Cultural Arts Director or designee.
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s ).
Requested by: Karen McGuire, Library & Cultural Arts February 7, 2020
(Name and Department) (Date)
Proposed modification(s) to the ________ requirement(s) for Artist Michelle Montjoy
(Type of insurance) (Name of contract)
D Reduce coverage to the amount of: =$ ______ _
~ Waive coverage
D Other: ---------------------------------
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
□Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product. [explain] _______ _
□Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain:
include number of candidates RFP sent to and number responded if applicable} __________ _
□Contract Amount/Term of Contract: $ _______ . Work will be completed over a period of __ _
□Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ [explain}. ___________________________ _
~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request): All activities on this agreement are
speaking and instructional in Schulman Auditorium and Gowland Meeting Room, 1775 Dove Lane, Carlsbad, 92011
Approved by Risk Manager for this contract only:
(Signature)
2-~2.. I -z.:,
(Date)