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HomeMy WebLinkAbout2000-09-12; City Council; 15880; Public Artwork At Faraday Center:ITY OF CARL A&# I< 2380 APPROVAL OF CONTRACT MTG. “I 3 /oo Library/Ar':s FOR PUBLIC ARTWORK DEPT. AT THE FARADAY CENTER CITY MGR - RECOMMENDED ACTION: Adopt Resolution No&% 270 approving the contract for $15,000 with photographer Philipp Scholz Rittermann to create public artwork for the Faraday Center. ITEM EXPLANATION A Selection Committee consisting of three City staff members from different departments located in the Faraday building, an Arts Commissioner and an artist met to discuss the type of artwork to be selected for the building, taking into consideration the site and the budget. Once the Committee determined it wanted photographic murals as the artwork for the building, a limited request for proposals was sent to local photographers and Philipp Rittermann was selected. Mr. Rittermann met once with the Committee to determine the content for the murals. If the contract is approved, the photographer will continue to meet with the Committee to further develop the artwork. The concept is to have two murals placed in the inset areas on either side of the entrance to the large conference rooms (#173). One mural will have five (5) stacked contemporary color panoramic sequences in the middle surrounded with black and white historical photographs to create a border. The second mural will be reversed and will have black and white panoramic sequences of historical photographs surrounded with contemporary color photographs creating the border. The third area selected for artwork is across the lobby where there is a large wall with chairs in front of it. The photographs placed there will consist of either three large color framed photographs or one large sequential scene. The decision will be determined by Mr. Rittermann and the Committee. Mr. Rittermann is working with the historical archives at the Library to select the appropriate historical photographs. A board with the actual photographs will be placed on display for public comment prior to Arts Commission approval of the artwork. The artist states that conceptually “I want these murals to speak to the many aspects of the history of Carlsbad, as well as the multiple facets of its present day success”. - Page 2 of Agenda Bill No. /38%b FISCAL IMPACT Funds in the amount of $15,000 were previously appropriated from the General Capital Construction funds and are available in the building project account for the artwork at the Faraday Center. The Committee is looking at additional work to be placed in the main lobby of the building which may come before Council at a later date. EXHIBITS: 1. Resolution No. am* ,270 2. Contract with Philipp Scholz Rittermann 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. 2000-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONTRACT WITH PHILIPP SCHOLZ RITTERMANN TO CREATE PUBLIC ARTWORK FOR THE FARADAY CENTER WHEREAS, one of City Council’s goals is to “develop, maintain, and enhance programs that support life long learning and result in an informed, knowledgeable and involved public through enhanced citizen engagement”; and WHEREAS, the City of Carlsbad determined that it wanted public artwork placed in the Faraday Center; and WHEREAS, a Selection Committee consisting of three City staff members from different .departments located in the Faraday building, an Arts Commissioner and an artist met and determined it wanted photographic murals as the artwork for the building; and WHEREAS, photographer Philipp Scholz Rittermann was selected; and WHEREAS, the concept is to have two murals placed in the inset areas on either side the entrance to the large conference rooms, and in the lobby where there is a large wall with chairs in front of it.; and WHEREAS, the amount of the contract to create these murals is $15,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, follows: 1. 2. That the above recitations are true and correct. That the City Council approves the contract with Philipp Scholz Rittermann for $15,000 to create artwork for the Faraday Center. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the to wit: September AYES: Council Members Lewi NOES: None ABSENT: None .S AGREEMENT FOR DESIGN AND EXECUTION OF PUBLIC ARTWORK This agreement is entered into on the 9TH day of. September , 2000, by the City of Carlsbad, a municipal corporation, hereinafter referred to as “CITY” and Philipp Scholz Rittermann, hereinafter referred to as the “ARTIST”. RECITALS WHEREAS, the CITY is implementing a public art program pursuant to Carlsbad Municipal Code Chapter 218 by allocating funds for the placement of artwork in public places and authorizing payment for the design, execution, and placement of such works of art; and WHEREAS, the CITY wants to purchase certain public ARTWORK, hereinafter referred to as the “ARTWORK”, to be installed at The Faraday Center, 1635 Faraday Road; and WHEREAS, the ARTIST has been selected, pursuant to procedures adopted by the CITY, to create the ARTWORK and funds have been allocated for that purpose; NOW, THEREFORE, the CITY and the ARTIST, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. ARTIST’S OBLIGATIONS (4 The ARTIST shall, to the best of his artistic ability, design, fabricate, construct and install the ARTWORK. b) The ARTIST shall create ARTWORK taking into consideration the nature of the SITE, the surrounding community, the amount of money allocated for the ARTWORK by the CITY (a total of $15,000, to include both design and execution of the ARTWORK as shown in Exhibit “A”), and the amount of maintenance required. (4 The ARTIST shall create the ARTWORK taking into consideration the safety of the public, including, but not limited to, the safety of persons travelling on public rights of way. (d) The ARTIST shall create the ARTWORK in a manner which conforms to regulations of all public agencies with jurisdiction over the SITE or the ARTWORK and to all other applicable laws, regulations and standards, including but not limited to, federal, state, and local. (4 The ARTIST shall meet regularly with CITY staff to insure the design and implementation of the ARTWORK complies with all provisions of this agreement. (0 Within 30 days after the execution of this agreement by the CITY, the ARTIST shall submit to the CITY a design concept, hereinafter referred to as “DESIGN” in a tangible form. The CITY shall approve or disapprove the DESIGN. If the DESIGN is disapproved, the ARTIST may submit a second DESIGN to the CITY within 30 days. The CITY shall notify the ARTIST within a reasonable time whether it approves or disapproves the second DESIGN. If the CITY disapproves, the contract shall terminate with payment made to the ARTIST as shown in Exhibit “A” and all DESIGN materials shall be returned to the ARTIST. In that event, neither party shall have further obligation to the other, with the exception of the ARTIST’s obligations under the hold harmless and indemnity provisions of this agreement. (9) The DESIGN shall specify materials, dimensions, finish, color, and any other information which is necessary. The DESIGN shall also include the maintenance requirements and installation method contemplated by the ARTIST and an estimate of their cost. The DESIGN shall include a model, to present a meaningful representation of the DESIGN. (h) The ARTIST shall furnish all supplies, materials and equipment necessary for preparation of the DESIGN and execution of the ARTWORK. 6) After approval of the DESIGN pursuant to Section l(f), the ARTIST shall furnish to the Arts Manager a tentative schedule for completion of fabrication and installation of the ARTWORK. After written approval of the schedule by the Arts Manager, the ARTIST shall fabricate, transport and install the ARTWORK in accordance with such schedule. Such schedule may be amended by written agreement between the Arts Manager and the ARTIST. The Arts Manager shall have the right to review the ARTWORK at reasonable times during the fabrication thereof. W The ARTIST shall complete the fabrication and installation of the ARTWORK in substantial conformity with the DESIGN. If it is discovered, after the approval of the DESIGN, that revisions to the DESIGN are necessary for the ARTWORK to comply with any law, standard or regulation, the ARTIST shall make such revisions as are necessary. if the revisions required substantially change the approved DESIGN, the CITY may approve the revisions or recommend termination of the contract pursuant to the termination clause in Section 4. Minor changes may be approved by the Arts Manager. k) The ARTIST may be required to meet with representatives of public entities with jurisdiction over the ARTWORK or the SITE to address any concerns voiced by those entities. 0) The ARTIST shall notify the Arts Manager in writing when fabrication of the ARTWORK is completed and he is ready for its delivery and installation at the SITE. The ARTIST shall deliver and install the completed ARTWORK at the SITE. The CITY shall be responsible for all expenses, labor and equipment to prepare the SITE for the timely installation of the ARTWORK, including landscaping, footings, plumbing, and area and spot lighting of the ARTWORK. The CITY shall be responsible for beveling the two indentations at the site according to the specifications of the ARTIST. (4 Upon installation of the ARTWORK, the ARTIST shall provide to the Arts Manager written instructions for appropriate maintenance and preservation of the ARTWORK. b-d The ARTIST shall, at the option of the Arts Manager, meet with the general public or representatives of the media to discuss the DESIGN of the ARTWORK. The ARTIST shall not release any information to the public related to the services performed under this agreement without advance written permission of the Arts Manager. (0) The risk of loss or damage to the ARTWORK shall be borne by the ARTIST until final acceptance, and the ARTIST shall take such measures as are necessary to protect the ARTWORK from loss or damage until final acceptance; except that the risk of loss or damage shall be borne by the CITY prior to final acceptance during such periods of time as the partially or wholly completed ARTWORK is in the custody, control or supervision of the CITY or its agents for the purposes of transporting, storing, installing or performing any other ancillary services to the ARTWORK. 2. CITY’S OBLIGATIONS (4 The CITY shall make available to the CITY background information on the SITE, if requested by the ARTIST. (b) The CITYshall make payment to the artist as shown in Exhibit “A”. This represents payment in full. The total fee is $15,000 which includes sales tax if required and all travel and transportation expenses of the ARTIST. (4 A plaque identifying the ARTIST, the title of the ARTWORK, if any, and the year of the ARTWORK’s completion will be displayed in the immediate vicinity of the installed ARTWORK at the expense of the CITY. 3. TIME EXTENSIONS The CITY will grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the CITY in performing its obligations under this agreement, or if conditions beyond the ARTIST’s control or act of God render timely performance of the ARTIST’s services impossible or unexpectedly burdensome. Failure to fulfil1 contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such conditions. 4. TERMINATION if either party to this agreement shall willfully or negligently fail to fulfil1 in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations materials to this agreement, the other party shall thereupon have the right to terminate this agreement by giving notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have (30) days after receipt of the notice to cure the default. It if is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall compensate the ARTIST for all services performed by the ARTIST prior to termination according to the schedule shown in Exhibit “A”. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall, at the CITY’s option become its property, provided that no right to fabricate or execute the ARTWORK shall pass to the CITY and the CITY shall compensate the ARTIST according to the schedule shown in Exhibit “A” for all services performed by the ARTIST prior to default. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue or any breach of this agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. 5. OWNERSHIP OF MATERIAL SUBMIlTED All materials submitted related to the ARTWORK or the DESIGN are the property of the CITY. 6. OWNERSHIP OF THE ARTWORK Title to the completed ARTWORK immediately vests in the CITY upon completion, along with all rights of ownership, possession and control. Prior to completion of the ARTWORK, CITY shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the ARTWORK which are on the SITE. 7. REPRODUCTION RIGHTS The ARTIST retains all rights under the Copyright Act of 1976 (17 USC. $101 et. seq.). The ARTIST grants to the.ClTY a paid in full irrevocable license to make reproduction of the ARTWORK for noncommercial purposes, including but not limited to, reproductions used in CITY business, advertising, brochures, posters, media publicity, catalogs, souvenirs, photographs, drawings, or publications of or about the CITY, providing however, the CITY may not relicense the ARTWORK nor make a full scale exact duplicate of the ARTWORK nor alter ARTWORK by selecting portions without ARTIST’s consent. The CITY shall include the ARTIST’s copyright notice on any reproductions and the ARTIST shall include the following words on any reproduction: “An original work commissioned by the City of Carlsbad, California.” 8. REGISTRATION OF COPYRIGHT The responsibility for registration of the copyright shall be the responsibility of the copyright holder under this agreement. 9. WARRANTIES 1. Warranty of Title 2. The ARTIST represents and warrants that: (4 The new photographic imagry created for Carlsbad is solely the result of the artistic effort of the ARTIST. b) The ARTWORK is unique and original and does not infringe upon any copyright. (4 The ARTWORK or a duplicate of the ARTWORK has not been sold elsewhere. (d) The ARTIST shall not make any exact duplicate beyond the edition of five of the images of the ARTWORK nor shall the ARTIST grant permission to others to do so, except with the written permission of the CITY. (4 The ARTIST shall create new images for the murals. Each image will be one of an edition of five. The ARTIST reserves the right to sell the other four as individual prints for collection and display purposes. Any third party web, public relations or advertorial usage will require written permission by the CITY. Warranty of Quality and Condition THE ARTIST represents and warrants that: (4 The execution and fabrication of the ARTWORK will be performed in a workmanlike manner. (b) The ARTWORK, as fabricated and installed, will be free of defects in materials and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the ARTWORK. 3. Reasonable maintenance of the ARTWORK will not require procedures in excess of those described in the maintenance recommendations to be submitted by the ARTIST to the CITY hereunder. The warranty of quality and condition shall survive for a period of ten years after the final acceptance of the ARTWORK. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST, shall at the request of the CITY, and at no cost to the CITY, cure reasonable 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). n REPAlRS The CITY will have the right to determine when and if repairs and restorations to the ARTWORK shall be made. 11. WAlvER The artist recognizes that he or she may have certain rights arising from the “California Art Preservation Act” (Civil Code 9987 et seq.) or the “Visual Artists’ Rights Act of 1990” (17 U.S.C.§lOl et seq.). Those Acts require that a waiver of their provisions be expressly made in writing and being fully informed, the artist and his or her agents, heirs, successors and assigns hereby waive any and all rights he or she may have under the provisions of the “California Art Preservation Act” (Civil Code $987 et seq.) or the “Visual Artists’ Rights Act of 1990” (17 U.S.C. §lOl et seq.). The artist, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action under these Acts.” 12. flATUS OF THE ARTIST The ARTIST shall perform the services provided for herein in ARTIST’s own way as an independent contractor and in pursuit of ARTIST’s independent calling, and not as an employee of the CITY. ARTIST shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in this agreement. 13. WITHHOLDINGS The CITY shall not make any federal or state tax withholdings on behalf of the ARTIST. The CITY shall not be required to pay workers’ compensation insurance on behalf of the ARTIST. The ARTIST agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of the ARTIST or any employee of the ARTIST for work done under this agreement. 14. IMMIGRATION ACT The ARTIST shall be aware of the requirements of the Immigration Reform and Control Act 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. 21. VERBAL AGREEMENT OR CONVERSATION 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 the terms or obligations herein contained nor entitle the ARTIST to any additional payment whatsoever under the terms of this contract. 22. CONFLICT OF INTEREST The ARTIST 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 ARTIST shall report investment of interests in real property. Acknowledged and Accepted: ARTIST: CITY OF CARLSBAD, a municipal corporation of PHlGW 5WL~ i2klvmwd (print name of Artist) r By: r-Q&F- & (sign here) APPROVAL AS TO FORM: ATTEST: . , tlIshM&/+c* M&m Deputy City Attorney Attachments: Exhibit A 1. Acceptance of design $5,000 2. Upon 50% completion $5,000 3. Acceptance of artwork $5,000 Total EXHIBIT A - AGREEMENT BETWEEN CITY OF CARLSBAD AND PHIIIPP SCHOLZ RITTERMANN Payment Schedule $15,000