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HomeMy WebLinkAbout1990-11-06; City Council; 10889; ACCEPTANCE OF DONATION FROM THE ARTS ASSOCIATES TO BUILD A CULTRUAL ARTS INFORMATION KIOSK AND APPROVAL OF AGREEMENT FOR INSTALLATION OF THE KIOSK, 4 .. z G 5 a s z 3 0 0 ClTyOF CARLSBAD - AGEND ILL AB# /e 27a9 TITLE: ACCEPTANCE OF DONATION FROM THE ARTS m1ATES TO BUILD A CULTURAL ARTS INFORMATION MTG.- LsK AND APPROVAL OF AGREEMENT FOR INSTALwTiON DEPT.Arts/l ih 0 F THE - KIOSK RECOMMENDED ACTION: w7 9&3P Adopt Resolution No. accepting a $6,500 contribution from the Arts Associa the City of Carlsbad to build a cultural arts information kiosk, and approvinl agreement between the City of Carlsbad and Nan Robertson and authorizing the F of the City of Carlsbad to execute said Agreement for and on behalf of the C Carlsbad. ITEM EXPLANATION: City Council appropriated $2,000 for an artist to design an information kiosk to be p in front of the Cole Library. Artist/Architect Nan Robertson was hired to devela design, working with a committee composed of representatives from the Commission, the Arts Associates, the Library Board and the Friends of the Library kiosk design has been reviewed and endorsed by the Library Board and thc Commission. In November 1989, the Arts Associates had a very successful fundraiser to raise to pay for the kiosk. These funds are being donated to cover the costs of constrL The Arts Associates, a "friends of the arts" membership organization suppor programs of the Arts Office and the Arts Commission. The Cultural Arts information kiosk will contain three display cases where posters, and other information about upcoming events will be placed to inform the public. The $6,500 donation from the Arts Associates will be deposited into a trust fund ao FISCAL IMPACT: None EXHIBITS: 1. Resolution No. 9fl-393 2. Drawing 3. Agreement with Nan Robertson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NAN ROBERTSON AND ACCEPTING A DONATION OF $6,500 FROM THE ARTS ASSOCIATES TO PAY FOR THE INSTALLATION OF THE KIOSK The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Nan Robertson for the installation of the Cultural Arts Kiosk to be placed in front of the C ole Library, a copy of which is attached hereto marked Exhibit A and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 3. That funds in the amount of $6,500 are hereby accepted in the form of a donation from the Carlsbad Arts Associates to pay for the installation of the kiosk and deposited into a trust fund account. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on 6th day of November . 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: CLAUDE A. LEWIS, Mayor J ALETHA L RAUTENKRANZ, City Clerk / EXHIBIT .to Agenda Bill No. - 0 ........... .__ - - __ .. ...... - _______- -- CAST 'ELEVATIOH .......... ,-, -. ... -. - ___ . - - . -.____ --- SCALE: i/4"~ ILd I . 0 0 AGREEMENT FOR EXECUTION OF PUBLIC ARTWORK This agreement is entered into by the City of Carlsbad, a municipal corpori hereinafter referred to as "CIlY" and NAN ROBERTSON, hereinafter referred to E "ART1 ST'. RECITALS WHEREAS, the CITY is implementing a pubic art program pursuant to Carlsbad Mur Code Chapter 2:18 by allocating funds for the placement of artwork in public place authorizing payment for the design, execution, and placement of such works of ar WHEREAS, the CITY wants to install certain public artwork, hereinafter referred to "ARWORW, to be installed at the Georgenia Cole Library, hereinafter referred to "SITE" (Exhibit "A')); and WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by thE to install the ARTWORK; and WHEREAS, the Arts Associates have contributed funds for the execution ARTWORK; NOW, THEREFORE, the CITY and the ARTIST, for the consideration and unc conditions hereinafter set forth, agree as follows: 1. ARTIST'S OBLIGATIONS (a) The ARTIST shall, to the best of his artistic ability, fabricate, constri install the ARTWORK. (b) Having received written approval of the working drawings from MI Projects, the ARTIST shall furnish to the CITY a tentative schedule for complt fabrication and installation of the ARTWORK, including a schedule for the submi: progress reports, if any. After written approval of the schedule by the CITY, the shall fabricate, transport and iristall the ARTWORK in accordance with such sc Such schedule may be amended by written agreement between the CITY i ARTIST. 4 The CITY shall have the right to review the ARTWORK at reasonable time! The ARTIST shall submit to the CITY progress rei the fabrication thereof. accordance with the schedule provided for in this Section: Revised Septem 0 0 3 The ARTIST shall complete the fabrication and installation of the ARTWO substantial conformity with the approved working drawings. The ARTIST shall present to the CITY in writing for further review and approv significant changes in the scope, design, color, size, material or texture of the ARni not permitted by or not in substantial conformity with the Proposal. A significant cl is any change in the scope, design, color, size, material, texture or location on th' of the ARTWORK which affects installation, scheduling, site preparation or maintc for the ARTWORK or the concept of the ARTWORK as represented in the apl working drawings. (c) The ARTIST shall meet with representatives of public entities with juris over the ARTWORK or the SITE to address any concerns voiced by those entitic The ARTIST shall deliver, construct and install the completed ARTWORK SITE in compliance with the schedule approved pursuant to Section 1 (b). (d) Upon installation of the ARTWORK, the ARTIST shall provide to tt- written instructions for appropriate maintenance and preservation of the ARTWC The ARTIST shall be insured in the following manner, with the CITY (e) as an additional insured; The ARTIST shall be required to provide proof of automobile coverage as required by the risk manager. (9 The ARTIST shall, at the option of the CITY, meet with the general F representatives of the media to discuss the design of the ARTWORK. The ART1 not release any information to the public related to the services performed un agreement without advance written permission of the CITY. (9) The risk of loss or damage to the ARTWORK shall be borne by the until final acceptance, and the ARTIST shall take such measures as are nece! protect the ARTWORK from loss or damage until final acceptance; except that of loss or damage shall be borne by the CliY prior to final acceptance duri periods of time as the partially or wholly completed ARTWORK is in the custody or supervision of the CITY or its agents for the purposes of transporting, storing, i or performing any other ancillary services to the ARTWORK. \ (h) The ARTIST shall advise the CITY in writing when all obligations dl in Section 1. have been completed. The CITY Shall notify the ARTIST of its final acceptance of the AR Revised Septen 0 0 2. CITY’S OBLIGATIONS (a) The CITY shall make available to the ARTIST background information o SITE, if requested by the ARTIST. The CITY shall make payment to the ARTIST as shown in Exhibit “8“. represents payment in full. The total fee is $6,500 which includes sales tax if requ Travel and transportation expenses of the ARTIST will not be reimbursed. (b) (c) A plaque identifying the ARTIST, the title of the ARTWORK, if any, an year of the ARTWORK’S completion will be displayed in the immediate vicinity c installed ARTWORK at the expense of the CITY. 3. OWNERSHIP OF MATERIAL SUBMllTED All materials submitted relating to the ARTWORK are the property of the C 4. OWNERSHIP OF THE ARTWORK Title to the completed ARTWORK immediately vests in the CITY upon comp along with all rights of ownership, possessions and control. Prior to completion ARTWORK, CITY shall have the right, at its option, to claim ownership, possessio control of the uncompleted portions of the ARlWORK which are on the SITE. 5. REPRO DU CTI 0 N RIGHTS The ARTIST retains all rights under the Copyright Act of 1976 (17 U.S.C. * seq.). The ARTIST grants to the CITY a fully-paid-up irrevocable license to reproductions of the ARTWORK for noncommercial purposes, including but not to, reproductions used in CITY business, advertising, brochures, posters, media pu catalogs, souvenirs, photographs, drawings, or publications of the CITY, prc however, the CIlY may not make a full scale exact duplicate of the ARTWORK. Th shall include the ARTIST’S copyright notice on any reproductions and the ARTIS include the following words on any reproduction: “An original work commissioned City of Carlsbad, California!’ 6. REGISTRATION OF COPYRIGHT The responsibility for registration of the copyright shall be the responsibilit! copyright holder under this agreement. Revised Septembi e 0 7. WARRANTIES (1) Warranty of Title The ARTIST represents and warrants that: The ARTWORK is solely the result of the artistic effort of the ARTIST The ARTWORK is unique and original and does not infringe up0 (a) (b) copyright. (c) The ARTWORK or a duplicate of the ARTWORK has not beer elsewhere. (d) The ARTIST shall not make any exact duplicate reproduction I ARTWORK nor shall the ARTIST grant permission to others to do so, except w' written permission of the CITY. (2) The ARTIST represents and warrants that: (a) Warranty of Quality and Condition the execution and fabrication of the ARTWORK, will be performe workmanlike manner; (b) the ARTWORK, as fabricated and installed, will be free of defects in n and workmanship, including any defects consisting of "inherent vice" or qualities cause or accelerate deterioration of the ARTWORK; and (c) reasonable maintenance of the ARNVORK will not require proc substantially in excess of those described in the maintenance recommendation: submitted by the ARTIST to the CITY hereunder. The warranties described in subsection 7(2) shall survive for a perioci year after the final acceptance of the ARTWORK. The CITY shall give notice ARTIST of any observed breach with reasonable promptness. The ARTIST shal request of the CITY, and at no cost to the CITY, cure reasonably and promptly the of any such warranty which is curable by the ARTIST and which cure is consist( professional conservation standards (including, for example, cure' by means of rj refabrication of the ARTWORK). Revised Septemt e 0 0. REPAIRS The City shall have the right to determine, after consultation with a profesr conservator, when and if repairs and restorations to the ARTWORK will be made. 9. WAIVER Due to the nature of the ARTWORK and the SITE on which it is installei ARTIST and his agents, heirs, and assigns hereby waive any and all rights they mal under the California Preservation Act, as set forth in Civil Code Section 987. The AF his agents, heirs, and assigns also agree not to attempt to defeat this waiv cooperating with any organization which seeks to bring an action under Civil Section 989. 10. STATUS OF THE ARTIST The ARTIST shall perform the services provided for herein in ARTIST’S ON as an independent contractor and in pursuit of ARTIST’S independent calling, and an employee of the CITY. ARTIST shall be under control of the CITY only as to the to be accomplished, but shall consult with the CITY as provided for in this agree 11. WITHHOLDINGS The CITY shall not make any federal or state tax withholdings on behalf ARTIST. The CITY shall not be required to pay workers’ compensation insurar behalf of the ARTIST. The ARTIST agrees to indemnify the CITY for any tax, reti contribution, social security, overtime payment, or workers’ compensation paymen the CITY may be required to make on behalf of the ARTIST or any employee ARTIST for work done under this agreement. 12. IMMIGRATION ACT The ARTIST shall be aware of the requirements of the Immigration Refoi Control Act of 1986 and shall comply with those requirements, including, but not to, verifying the eligibility for employment of all agents, employees, subcontractc consultants that are included in this agreement. 13. NONDISCRIMINATION CLAUSE 3 The ARTIST shall comply with the state and federal laws re nondiscrimination. Revised Septemt 0 0 14. COVENANTS AGAINST CONTINGENT FEES The ARTIST warrants that they have not employed or retained any compar person, other than a bona fide employee working for the ARTIST, to solicit or securc agreement, and that ARTIST has not paid or agreed to pay any company or pe other than a bona fide employee, any fee, commission, percentage, brokerage fee or any other consideration contingent upon, or resulting from, the award or making c agreement. For breach or violation of this warranty, the CITY shall have the right to i this agreement without liability, or, in its discretion, to deduct from the agreement or consideration, or otherwise recover, the full amount of such fee, commi: percentage, brokerage fee, gift, or contingent fee. 15. ASSIGNMENT OF CONTRACT The ARTIST shall not assign this contract or any part thereof or any monie thereunder without the prior written consent of the CITY. 16. SUBCONTRACTING The ARTIST shall not subcontract any portion of this agreement without v permission from the CITY. If the ARTIST subcontracts any of the work to be perfc under this agreement, ARTIST shall be fully responsible to the CITY for the act omissions of ARTIST’S subcontractor and of the persons either directly or ind employed by the subcontractor, as ARTIST is for the acts and omissions of PE directly employed by ARTIST. Nothing contained in this agreement shall crea contractual relationship between any subcontractor of ARTIST and the CITY. The P shall bind every subcontractor and every subcontractor of a subcontractor by the of this agreement applicable to ARTIST’S work unless specifically noted to the cc in the subcontract in question and approved in writing by the CITY. 17. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the ( negotiate, make, accept, or approve, or take part in negotiating, making, accepl approving of this agreement, shall become directly or indirectly interested persoi this contract or in any part thereof. No officer or employee of the CITY who is autt in such capacity and on behalf of the CITY to exercise any executive, supervis similar functions in connection with the performance of this contract shall become ( or indirectly interested personally in this contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employet Revised Septernb’ e e CITY, either before, during or after the execution of this contract, shall affect or rr any of the terms or obligations herein contained nor entitle the ARTIST to any addi payment whatsoever under the terms of this contract. 19. CONFLICT OF INTEREST The ARTIST shall file a Conflict of Interest Statement with the City CIE accordance with the requirements of the City of Carlsbad Conflict of Interest Code ARTIST shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD CLAUDE A. LEWIS, Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Attachments: Exhibit A Exhibit B I Revised Septemb e EXHIBIT “A‘ (I) LIPRARY i 6 e EXH 1 BIT "B" Pavment Schedule A. Upon beginning of construction $2,000.( B. Upon completion of 50% of construction $2,000. ( C. Upon acceptance of completed artwork $2,500.( by City Council \ Revised Septembc