HomeMy WebLinkAboutMiraCosta Community College District; 2022-05-16; PSALCA-22094CACity Attorney Approved Version 6/12/18
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AGREEMENT FOR LOAN OF ARTWORK
FOR GALLERY EXHIBIT “TODAY AND TOMORROW”
MIRACOSTA COMMUNITY COLLEGE DISTRICT
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2022, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and MiraCosta Community College District, a California public community
college, ("Agent”/”Lender”) (collectively, the “Parties”).
RECITALS
City requires the professional services of an Agent to loan faculty and student artwork to
the City for public display in the City’s William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad,
CA. Contractor has the ability to loan the Artwork and has submitted a proposal to City and has
affirmed its willingness and ability to share their artwork.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Lender agrees to render, those services (the “Services”)
that are defined in Exhibit “A” and loan artwork as specified in “Exhibit B”, attached and
incorporated by this reference in accordance with the terms and conditions set forth in this
Agreement.
2. TERM
This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION
None – Artwork will be loaned at no charge.
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-administered workers’
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
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6. INSURANCE AND HOLD HARMLESS
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 B 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.
7. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Richard Schultz Name Jonathan Fohrman
Title Cultural Arts Manager Title
Dean, Arts and International
Languages, MiraCosta College
Department Library & Cultural Arts Address One Barnard Drive
City of Carlsbad Oceanside, CA 92054
Address 1775 Dove Lane Phone No. 760-795-6818
Carlsbad, CA 92011 Email jfohrman@miracosta.edu
Phone No. 442-339-2086
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes No
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
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discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
10. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
14. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) SUZANNE SMITHSON
Library & Cultural Arts Director
As Authorized by City Manager
TIMOTHY FLOOD, VP MiraCosta College
(print name/title)
ATTEST:
By:
(sign here) For FAVIOLA MEDINA
City Clerk Services Manager
(print name/title)
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. Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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:
For CELIA A. BREWER, City Attorney
By:
Assistant/Deputy City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
Lender will loan artwork to the City to be exhibited in the exhibition Artists Together: Today and
Tomorrow at the CITY’s William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad.
Through a special partnership with Agent, the Art Department. will identify and lend up to 58
faculty and/or student works of art. The special exhibition will be titled Artists Together: Today
and Tomorrow and reflects the City’s ongoing partnership with Agent. Agent’s faculty members
were asked to select a student to show artwork together as mentor and mentee.
1. CITY’S CONTACT INFORMATION:
• Cultural Arts Manager, Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov
• Curator of Exhibitions, Karen McGuire, 442-339-2022, karen.mcguire@carlsbadca.gov
• Cultural Arts General Phone 442-339-2090
*Throughout COVID-19 pandemic, staff may have adjusted hours and work locations. Email
may be the initial preferred method of reaching staff.
2. EXHIBIT LOCATION:
William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad, CA 92011
3. ARTWORK LOAN PERIODS
• Artwork loan period: May 25 – August 23, 2022
• Gallery exhibit period: June 4 – August 13, 2022
Lender agrees to loan the Artwork specified on the checklist attached as Exhibit "B," which
details the faculty submitted artwork and assigned student’s work. The Artwork will remain in the
City’s possession during the loan period but may be withdrawn from the exhibition at the City’s
sole discretion. City will notify Lender when any Artwork is 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 maintained on public display for the
Agreement's exhibit duration.
4. 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.
Artists will transport and deliver Artwork to the Cannon Art Gallery by loan start date, as
described above. At the end of the exhibition, Artists will be responsible for picking up Artwork
within three days, no later than the date described above, unless other written arrangements are
made between City and Lender. All drop-off and pickup deliveries shall be coordinated with the
City’s Cultural Arts Manager or Designee.
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5.LENDER
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.
Artwork Withdrawals
Lender agrees once Artwork is placed for exhibition, it cannot be withdrawn from an exhibition
by the Lender for any reason.
6.CITY
Artwork Installation
City shall install and exhibit the Artwork. City reserves the right to make the final decision on
which items will be included in the exhibition, and the arrangement of the exhibit. City shall take
reasonable steps to preserve the exhibited Artwork against adverse environmental conditions,
deterioration, damage, or theft.
Artwork Inspection
Artwork will be visually inspected upon receipt, and any noticeable damage will be documented
on the shipping 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.
7.REPRODUCTION RIGHTS, PUBLICITY AND PHOTOGRAPHY
Except as limited by this Agreement, Lender retains any or all copyright, licensing, and/or
ownership rights to the Artwork available to him/her under state or federal law.
In accordance with Section 5 of the Scope of Work, 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 print matter, exhibition announcements,
publicity releases, invitations, posters, signs, or other promotional or educational materials
relating to the Artwork.
8.HEALTH & SAFETY
During the COVID-19 health-related pandemic, all activities occurring at City facilities, all Parties
must adhere to the guidance from the state, county, and local authorities on health and safety
protocols. City staff will inform Artist what the current guidelines are prior to their arrival and
entering any City facility. Safety protocols may include, but are not limited to, hand washing,
temperature testing, requiring face covering, maintaining physical distancing of six feet. The
safety protocols may be modified at any time due to changing rules, regulations, or
circumstances.
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Artist Information Form
Completed form due: Mar. 21, 2022 by 5pm
Exhibition dates: June 4 -Aug. 13, 2022
Opening Reception: Saturday June 4, 2022 from 5-7pm. Free.
Name Erin Behling
Address 2035 Broadway Apt 15
City San Diego I State I CA
Phone 502-345-0811
Email Ebehling@miracosta.edu, erinbehling@gmail.com
I Are you Faculty or Student? I faculty
Image #1
Title Butte, modular tables
Media Ash, cane webbing, glass
I Zip I 92102
Visual Description 4 modular cube tables with caning
Dimensions (Approx.) H x W x D 16" X 32" X 32"
Date created 2020
Insurance Value $1800
For MiraCosta Faculty Use Only
Student Nomination Name I
*Please send an image with this form and label it as: Lastname_ArtworkTitle
Important Dates:
Completed form due: Mar. 21, 2022 by 5pm
('City ofCarlsbad
Cultural Arts
Artwork Drop off: Thu May 26 from 9-3pm I Fri May 27 from 9-3pm I Sat May 28 from 9-2pm
Exhibition opens: June 4, 2022
Opening Reception: Sat June 4 from 5-7pm. Free.
Exhibition closes: Sat Aug. 13
Artwork Pickup: Sun Aug. 14 from 9-noon I Mon Aug. 15 from 9-3pm
Please send completed form and image to:
Karen McGuire, Curator of Exhibitions
karen.mcguire@carlsbadca.gov
760-602-2022
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Artist Information Form
Completed form due:Mar. 21, 2022 by Spm
Exhibition Dates: June 4-Aug.13, 2022
Opening Reception: Saturday June 4, 2022 from 5-7pm. Free.
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EXHIBIT “B” WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
PSALCA-22094CA
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EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN Artist Information Form
Completed form due: Mar. 21, 2022 by 5pm
Exhibition dates: June 4 - Aug. 13, 2022
Opening Reception: Saturday, June, 4, 2022 from 5-7pm. Free.
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Artist Information Form
Completed form due: Mar. 21, 2022 by 5pm
Exhibition dates: June 4 -Aug. 13, 2022
Opening Reception: Saturday June 4, 2022 from 5-7pm. Free.
Name Casey Rubenfeld
Address 2002 Ladera Ct.
City Carlsbad I State I CA
Phone (760)650-5691
Email caseyrubenfeld2@gmail.com
I Are you Faculty or Student? I student
Image #1
Title Oh You Know
Media Lithography
I Zip I 92009 {_ Cicyof Carlsbad Cu ltural Arts
Visual Description Portrait of the artist with a circle of hands framing their
face
Dimensions (Approx.) H x W x D 24" X 20"
Date created 2018
Insurance Value $80.00
For MiraCosta Faculty Use Only
Student Nomination Name I
*Please send an image with this form and label it as: Lastname_ArtworkTitle
Important Dates:
Completed form due: Mar. 21, 2022 by 5pm
Artwork Drop off: Thu May 26 from 9-3pm I Fri May 27 from 9-3pm I Sat May 28 from 9-2pm
Exhibition opens: June 4, 2022
Opening Reception: Sat June 4 from 5-7pm. Free.
Exhibition closes: Sat Aug. 13
Artwork Pickup: Sun Aug. 14 from 9-noon I Mon Aug. 15 from 9-3pm
Please send completed form and image to:
Karen McGuire, Curator of Exhibitions
karen.mcguire@carlsbadca.gov
760-602-2022
36
PSALCA-22094CA EXHIBIT “B”
WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
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(
(
(
Artist Information Form
Completed form due: Mar. 21, 2022 by 5pm
Exhibition dates: June 4-Aug. 13, 2022
Opening Reception: Saturday June 4, 2022 from 5-7pm. Free.
Name Priszeia Puckett
Address 4753 Via Escala
City Oceanside I State I CA
Phone 7606376935
Email �riszeia.890@gmail.com
[ Are you Faculty or Student? [ Student
Image #1
Title "Mangangaso"
Media Sharpie on Bristol
I Zip I 92056 ( City ofCarlsbad
Cultural Arts
Visual Description Conceptualization of a tribal head-hunter's tattoo inspired
from both Philippine (Cordilleran) culture and Polynesian
(Tahitian) culture. Using a combination of visual elements
commonly found in both culture's tattoos in a
Kalinga/Bontoc format and Tahitian style.
Dimensions (Approx.) H x W x D 14 x 11" inches
Date created March 11, 2022
Insurance Value
For MiraCosta Faculty Use Only
Student Nomination Name I
*Please send an image with this form and label it as: Lastname_ArtworkTitle
Important Dates:
Completed form due: Mar. 21, 2022 by 5pm
Artwork Drop off: Thu May 26 from 9-3pm I Fri May 27 from 9-3pm I Sat May 28 from 9-2pm
Exhibition opens: June 4, 2022
Opening Reception: Sat June 4 from 5-7pm. Free.
Exhibition closes: Sat Aug. 13
Artwork Pickup: Sun Aug. 14 from 9-noon I Mon Aug. 15 from 9-3pm
Please send completed form and image to:
Karen McGuire, Curator of Exhibitions
$150.00
37
PSALCA-22094CA EXHIBIT “B” WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
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EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
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(
(
Artist Information Form
Completed form due: Mar. 21, 2022 by 5pm
Exhibition dates: June 4 -Aug. 13, 2022
Opening Reception: Saturday June 4, 2022 from 5-7pm. Free.
Name Kyle Malter
Address 7022 Forsters tern Dr.
City Carlsbad I State / Ca
Phone 760-579-3553
Email kylemalter@outlook.com
I Are you Faculty or Student? I Student
Image #1
Title Air
Media Photography (print)
Visual Description Butterfly in flight
Dimensions (Approx.) H x W x D 12x18 (or larger)
Date created 6/24/21
Insurance Value $200.00
For MiraCosta Faculty Use Only
Student Nomination Name /
/ Zip / 92011
*Please send an image with this form and label it as: Lastname_ArtworkTitle
Important Dates:
Completed form due: Mar. 21, 2022 by 5pm
{'city ofCarlsbad Cu l tural Arts
Artwork Drop off: Thu May 26 from 9-3pm I Fri May 27 from 9-3pm I Sat May 28 from 9-2pm
Exhibition opens: June 4, 2022
Opening Reception: Sat June 4 from 5-7pm. Free.
Exhibition closes: Sat Aug. 13
Artwork Pickup: Sun Aug. 14 from 9-noon I Mon Aug. 15 from 9-3pm
Please send completed form and image to:
Karen McGuire, Curator of Exhibitions
karen.mcguire@carlsbadca.gov
760-602-2022
39
PSALCA-22094CA EXHIBIT “B”
WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
40
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
41
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
42
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
43
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
44
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
45
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
46
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
47
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
48
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
49
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
50
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0
EXHIBIT “B” PSALCA-22094CA WILLIAM D.CANNON ART GALLERY ARTWORK LOAN
51
DocuSign Envelope ID: AC7E162B-02E7-4E32-B00D-8CB779CB54B0