HomeMy WebLinkAbout1995-08-15; City Council; 13277; PURCHASE OF ARTWORK "MOTHER EARTH|FATHER SKY""MOTHER EARTH/FATHER SKY"
City Council is asked to adopt Resolution No.Y&aapproving the purchase of the artwork "Mother EarthlFather Sky" by artist Alber de Matteis for the City's public art collec and appropriating $3,000 for its purchase and installation.
One of the implementing policies of the Arts Element of the General Plan is to "provide, wI possible, for the siting, selection, installation and maintenance of works of art within or upc public facilities and land."
The process for purchasing an existing work of art is as follows:
The Visual Arts Committee, a subcommittee of the Arts Commission reviev the work and makes its recommendation to the Arts Commission. The Committee looks at the art's aesthetic quality, the professional credential oi artist, its suitability for public display and the most appropriate site.
The Arts Commission reviews the subcommittee's recommendation and v( on whether to bring a recommendation forward to the City Council.
The City Council decides on purchase and appropriation of funds. 3.
The art represents society's celebration of nature with a fanciful dancing figure. San Diego artist, Alber de Matteis, says about his work, "Mother Earth/Father Sky represents the place where human beings stand in between heaven and earth. I see ou role and responsibility as balancing these energies within ourselves, to be able to particil in the dance of creation, with insight, love and respect for all forms of life." Matteis has do numerous public and private commissions in Southern California, was assistant to artist James Hubbell, and has worked as an artist in resident for the San Diego City Schools.
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The alternatives available to Council are
1) appropriate $3,000 to purchase the artwork and site it at the fountain.
2) appropriate $3,000 to purchase the artwork and site it at an alternative location. (The Arts Commission's second choice was in the median on Carlsbad Village Drive.)
3) not purchase the artwork, in which case it will be taken down, as the next temporary exhibition will begin in August.
Fiscal Impact
The cost of the artwork is $2,500. Costs to install the artwork are estimated to be $500. Funds are available in the Public Art Fund. There is presently $121,220 in the Public Art Fund.
EXHIBITS:
1. Resolution No. %-J$S
2. Purchase of Artwork "Mother EarthIFather Sky''.
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RESOLUTION NO. 95-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE PURCHASE OF ARTWORK “MOTHER EARTH/FATHEW SKY”
WHEREAS, one of the implementing policies of the Arts Element to the Genf
”provide, when possible, for the siting, selection, installation and maintenance of work!
or upon public facilities and land.”; and
WHEREAS, the Carlsbad Arts Commission approved the recommendatioi
Council to purchase the artwork “Mother Earth/Father Sky” by artist Alber de Matteis; i
WHEREAS, “Mother EarthlFather Sky” is valued at $5,000. The artist hi
contribute half the value of the arhvork ($2,500), thus the cost to the City is $2,500; ar
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WHEREAS, estimated costs for its permanent installation are $500.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
follows:
1. That the above recitations are true and correct. 2. That the artwork “Mother Earth/Father Sky” is approved to be purchase Alber de Matteis for $2,500. 3. That placement of the artwork will be limited to City facilities other than t Redevelopment area. 3. That funds in the amount of $3,000 are hereby appropriated from the CI Fund into account no. 142-820-1 81 0-3472 for the purchase and installation of the artwc
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Coun
City of Carlsbad, California, held on the 15th day of AUGUST -, 1995, by the folk
to wit:
AYES: NOES: Council Members Finnila, Hall ABSENT: None
Council Members Lewis, Nygaard, Kulchin
I’ /*q ‘‘11 p /I
g i,/ c‘-% , \i /g / LS CLAUDE A. “BUD” LEWIS, Mayor -’
AL*LL
’
0 EXHIBIT 2 0
AGREEMENT FOR PURCHASE OF ARTWORK
THIS AGREEMENT, entered into this2Atday of AUG. , 1995, by and between the of Carlsbad, a municipal corporation (the "CITY"), and Alber de Matteis (the "ARTIST"), who: local address is:
WITNESSETH:
WHEREAS, the ARTIST has created a certain artwork (the "ARTWORK):
Title: Mother Earth/Father Sky Medium:
WHEREAS, the CITY proposes to purchase the ARTWORK from the ARTIST.
NOW, THEREFORE, the CITY and the ARTIST, for the consideration hereinafter named, agr as follows:
Concrete, Steel, Ceramic Tile, Granite and Sandstone Dimensions:. 78" (h) x 40" (w) X 6" (d)
1. OWNERSHIP OF THE ARTWORK
1-1 The ARTIST hereby transfers title and possession of the ARTWORK t the CITY.
1-2 The CITY agrees to pay the ARTIST as compensation, a fee of $2,500 including sales tax.
1-3 The ARTIST warrants that he has not employed or retained any compE or person, other than a bona fide employee working for the ARTIST, to solicit or secure this agreement, and that ARTIST has not paid or agreed to pay any company or person, other thar bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement witho liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fl No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this contract, shall affect or modify any of thl terms or obligations herein contained nor entitle the ARTIST to any additional payment whatsoever under the terms of this contract.
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2. RIGHT$ AND RESPONSIBILITIES
2-1 A plaque identifying the ARTIST, the title of the ARTWORK, if any, and the ye; of the ARTWORKS completion will be displayed in the immediate vicinity of the installed ARTWORK at the expense of the CITY.
ARTWORK in any way. If an alteration should occur, either intentionally or unintentionally, the ARTWORK will no longer be represented as the ARTWORK of the ARTIST if the ARTIST makes a written request. The CITY agrees to reasonably assure that the ARTWORK is prope
remove it from display.
2-2 The CITY agrees that it will not intentionally alter, modify or change the
maintained and protected. This does not preclude the CITY'S right to move the ARTWORK or i
rev. 7/25,
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3. REP R 0 D U CTI 0 N RIGHTS
The ARTIST retains all rights under the Copyright Act of 1976 (1 7 U.S.C. 101 et. seq. The ARTIST grants to the CITY a fully-paid-up irrevocable license to make reproductions of ti ARTWORK for noncommercial purposes, including but not limited to, reproductions used in CI’ business, advertising, brochures, osters, media publicity, catalo s, souvenirs, photographs
exact duplicate of the ARTWORK. The CITY and the ARTIST shall include the following wort on any reproduction: “An original work commissioned by the City of Carlsbad, California.”
drawings, or publiGatiOfls of the CITY, providing however, the ClT! may not make a full scale
4. TlON OF COPYRIW
The responsibility for registration of the copyright shall be the responsibility of the copyright holder under this agreement.
5. WARRANTY
The ARTIST represents and warrants that:
(a) The design of the ARTWORK is solely the result of the artistic effort of the ARTlSl
(b) The design of the ARTWORK is unique and original and does not infringe upon ar
(c) The design of the ARTWORK or a duplicate of the ARTWORK has not been sold.
(d) The ARTIST shall not make any exact duplicate reproduction of the ARTWORK nr shall the ARTIST grant permission to others to do so, except with the written permission Of the CITV.
copy right .
6.
The ARTIST represents and warrants to the CITY that: (a) the execution and fabricatic of the ARTWORK was performed in a workmanlike manner; (b) the ARTWORK, as fabricated and installed, is free of defects in material and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the ARTWORK; and (c) reasonable maintenance of the ARTWORK will not require procedures substantially in excess those described in the maintenance recommendations to be submitted by the ARTIST to the CITY hereunder.
The warranties described in this section shall survive for a period of one year after the final acceptance of the ARTWORK. The CITY shall give notice to the ARTIST of any observt breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at not cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including for example, cure by means of repair or refabrication of the ARTWORK).
WARRANTY OF QUALITY AND CONDITION
7. WAlVER
The ARTIST recognizes that he may have certain rights arising from the “California Art Preservation Act” (Civil Code 9987 et seq.) or the “Visual Artist‘ Rights Act of 1990” (17 U.S.C. (51 01 et seq.). Those Acts require that a waiver of their provisions be expressly made in writin and being fully informed, the ARTIST and his agents, heirs, successors and assigns hereby waive any and all rights he may have under the provisions of the “California Art Preservation P (Civil Code $987 et seq.) or the “Visual Artist’ Rights Act of 1990” (17 U.S.C. (5101 et seq.). Tt ARTIST, his agents, heirs, or successors and assigns further agree not to attempt to defeat this
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waiver by cooperating, encouraging or assisting any organization which seeks to bring -an act under these Acts."
a. HOLD HARMLESS AGREEMENT 5
The CITY, its elected and appointed officers, employees and volunteers shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects any person whatever; nor for personal injuries or death caused by, or resulting from, intention: negligent acts, errors or omissions of ARTIST or ARTIST'S agents, employees, or representatives. Furthermore, ARTIST agrees to defend, indemnify, protect and hold free and harmless 1 CITY and its elected and appointed officers, employees and volunteers against any claims for damages, liabilities, penalties or fines, costs or expenses, arising out of the conduct of the ARTIST or any agent or employee, or others in connection with the artwork covered by this agreement, except only for those claims arising from the sole negligence or sole willful conduct the CITY, or its elected and appointed officers and employees.
9. JMMlGRATlON ACT The ARTIST shall be aware of the requirements of the Immigration Reform and Control of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement,
WITNESS WHEREOF, this agreement has been executed by the parties hereto, upoi the date first above written.
ARTIST:
LSBAD, a muni '
ALBER DE MATTEIS
By: [;I1 /+q:~$[L ,/x2 -, --
By: {L 43qmtyCity Attorney 8s 16 * 9s d
(Artist sign'here)
ATTEST: ' ),' 1 1,') I r !Lk A115 \'f
(Print name here)
ALETHA L. RAUTENKRANZ I City Clerk
APPROVED AS TO FORM:
RONALD R. BALL City Atto ney
3 rev. 7/25