HomeMy WebLinkAboutContract # : C18-1336 - ROBERT S. MARTIN - Execution Date: 1/2/2019Artist Activity Agreement
Parties
C 18-1336
Vendor 4
Date:
"C�' and �Artist"
City of Glendale
c/o Ivy Jarvis Robert S. Martin
Glendale Public Library 9616 E. Southwind Lane
5959 W. Brown Street Scottsdale, AZ 85262
Glendale, AZ 85302 602-705-3418
(623) 930-3573
I. Employment. The Parties hereby enter into an Artist Activity Agreement ("Agreement's for the
following artist activity:
Performance: Art Talk: Bob Martin
Location: Glendale Public Library - Auditorium
Address: 5959 W. Brown Street, Glendale, AZ 85302
Dates and times: Thursday, February 21, 2019 from 6:00 - 7:00 p.m.
2. Compensation.
EDCity will pay 50% of the project fee upon execution of this Agreement and the remaining
amount upon satisfactory completion of the project together with the artist invoice depicting the
dates and times of the project(s).
® In consideration for the Services described herein, City will pay artist $250.00. Glendale will pay
the artist no later than 30 days after the last date of the service. The payment is all inclusive of
supplies and materials for the activity.
3. Indemnification. Artist assumes the risk of all damage, loss, cost, and expense, and agrees to defend,
indemnify and hold the City harmless from and against any and all liabilities, damage, loss, cost, and
expense that may accrue to or be sustained related to, arising from or out of, or resulting from any
negligent or willful actions, acts, errors, mistakes or omissions caused in whole or part by the Artist
performing the work or services under this Agreement. This indemnity will be binding on Artist, its
successors and assigns and will be in the benefit of and be available to the City. The above defense,
indemnity and hold harmless obligations do not apply to claims resulting from the sole negligence of the
City. This indemnification survives after the termination of the Agreement.
4. Insurance. Artist agrees to maintain general liability insurance with a limit of not less than $1,000,000
for each occurrence while this Agreement is in effect if required below. The insurance shall name the
City as an additional insured. Proof of insurance must be provided to the City no later than the effective
date of this Agreement.
5. Insurance Certification. Artist certifies that the activities provided under this Agreement are casual or
incidental in relation to the Artist's other types of work or sources of compensation. Yes ® No ❑
CLty Use Off. Activities evaluated under Risk Management insurance criteria? Yes ❑ No _❑
Insurance Required? Yes ❑ No ❑
(Revised 7/25/16)
6. Independent Contractor. Under the terms of this Agreement, Artist is an independent contractor and
has and retains full control and supervision of the services performed. Furthermore, this Agreement is
not intended to create, constitute, or otherwise to recognize a joint venture agreement or relationship,
partnership, or formal business organization of any kind, and the parties rights and obligations shall be
only those expressly set forth in this Agreement. Artist understands that no benefits are offered and
hereby acknowledges that Artist expects no benefits during the term of this Agreement.
7. Background Investigation. By signing this Agreement the Artist expressly authorizes the City to
conduct all necessary and appropriate investigations under the law. This includes, but is not limited to
employment history, criminal history and educational history.
8. Immigration Laws. Artist warrants, to the extent applicable under A.R.S. § 41-4401, that
8.1 Artist does not have employee, or
8.2 Artist has registered with and will continue to participate in the E -Verify program established by the
United States Department of Homeland Security and Social Security Administration or any successor
program; that it warrants compliance with all federal immigration laws and understands that any
breach of this warranty subjects Artist to penalties, including termination of this Agreement; and
finally, understands that City has the right to inspect the papers of the Artist or any of its employees
participating in this Agreement to ensure compliance with this paragraph.
9. jurisdiction/Conflicts. This Agreement will be construed in accordance with the laws of the State of
Arizona. This Agreement is subject to cancellation for conflicts of interest under the provisions of A.R.S.
§ 38-511.
10. Effective Date/Termination. This Agreement is effective as of the date of the last signature affixed
below and terminates upon the conclusion of the last performance described in the "Performance"
section of this Agreement. The may immediately terminate the Agreement upon Artist's
nonperformance or breach of a material term in this Agreement.
11. Miscellaneous. Artist agrees to use his/her best efforts to promote the interests of the City and to
devote his/her full business time and energy to the position during the terms of this Agreement and to
perform all functions in a professional manner.
12. Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the
subject matter hereof. This Agreement may not be changed, modified or rescinded except in writing,
signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of
no effect.
13. Assignment. This Agreement is personal to the Artist, and cannot be assigned to another party without
first obtaining the written consent of Glendale.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
(Revised 7/25/16)
I have read the foregoing and agree to the terms including the period and nature of my service, and rate of
Payment.
"Artist":
"City":
ATTEST: -
Julie K. Bower
City Clerk
APPROVED AS TO FORM:
Michael D. ail
City Attorney
Ifle /t,
Robert S. Martin
Director, Community Services
(Revised 7/25/16)