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HomeMy WebLinkAboutLC Studio Tutto; 2022-04-21; PSALCA-22072CA PSALCA-22072CA ARTWORK COMMISSION AGREEMENT FOR LIBRARY LEARNING CENTER EXTERIOR MURAL LACIN CHRISTOPHEL MURAL AND DESIGN STUDIO TUTTO DBA LC STUDIO TUTTO This Agreement entered into on , 2022. BETWEEN LC STUDIO TUTTO 351 Castaic Avenue Pismo Beach, CA 93449-1912 (hereinafter “ARTIST”) AND City of Carlsbad, a municipal corporation Cultural Arts Office 1775 Dove Lane Carlsbad, CA 92011 (hereinafter “CITY”) Recitals WHEREAS, the CITY desires to commission the ARTIST to create, design and paint a mural (hereinafter “ARTWORK”) which will be on display at the City of Carlsbad Library Learning Center, 3368 Eureka Place, Carlsbad, CA 92008 (hereinafter “SITE”) beginning on the date of installation of the ARTWORK on the SITE through September 30, 2027. WHEREAS, the ARTIST has been selected to design and create ARTWORK as agreed upon and the necessary funds have been allocated for that purpose, and WHEREAS, the ARTIST agrees to create commissioned ARTWORK and finalize the artwork and installation, no later than September 30, 2022, unless the date is modified by a written amendment to this Agreement. NOW, THEREFORE, CITY and ARTIST, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. The above recitals are incorporated herein. 2. Artist’s Obligations. The ARTIST shall, to the best of his/her/its artistic ability, design, create and produce the ARTWORK in a manner that is consistent with the intent and purpose of this Agreement. The ARTIST shall design, create and produce the ARTWORK, taking into consideration the nature of the display site, the surrounding public areas and the CITY’s desire to have low maintenance costs to preserve the ARTWORK while on display. The ARTIST shall design and create the ARTWORK in a manner which conforms with the regulations of all public and private agencies with jurisdiction over the display site and the ARTWORK and with all other applicable federal, state, and local laws, regulations and standards. The ARTIST shall meet regularly with CITY staff to ensure the design and future installation and display of the ARTWORK complies with all provisions of this Agreement. The ARTIST shall submit to the Cultural Arts Manager or his designee a design proposal, in a tangible form, that will be reviewed and approved by a panel of key stakeholders DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C April 21 PSALCA-22072CA 2 and staff. The final approved ARTWORK will need to be accepted by the Cultural Arts Manager or his designee in writing. The ARTIST shall furnish all supplies, materials and equipment necessary for preparation of the design, creation and fabrication or production of the ARTWORK. The ARTIST shall be insured during the creation phase of the ARTWORK, with the CITY named as an additional insured. Prior to commencing any work or receiving payment for any services performed under this Agreement, the ARTIST must provide a certificate of insurance indicating $1 million general liability coverage, naming CITY as additional insured. The insurance shall cover all phases of the project and shall be effective from the first day work is commenced under this Agreement until ARTWORK has been installed and accepted by the Cultural Arts Manager or his designee in writing. The insurance must be obtained from a carrier that is admitted and authorized to do business in California and that has a current Best’s Key rating of not less that “A-. V.” The insurance coverage must be single-limit occurrence coverage and may not be cancelled without thirty (30) days written notice to the CITY sent by certified mail. The ARTIST shall be required to provide proof of general liability and automobile liability coverage as required by the Risk Manager. Upon the ARTWORK being installed at the designated SITE and accepted by the CITY, the 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 ARTIST and agreed to by the City in Exhibit A of this Agreement. Any materials for the ARTWORK transported by ARTIST to the City is insured from the time of arrival at the Cultural Arts Office or designated City facility, until the time it is picked up by the ARTIST. 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 ARTIST and agreed to by the CITY. For purposes of insurance coverage, the CITY requires the ARTIST to value ARTWORK(S) accurately according to artwork by the ARTIST of similar size, style, medium, and if possible, based upon previous sales. The CITY may require ARTIST to provide reasonable evidence of the ARTWORK’s stated market value. In the event of loss or damage to the ARTWORK, ARTIST’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 ARTIST’s stated value. In the event of loss of or damage to the ARTWORK, ARTIST’s recovery from the CITY and/or insurer is limited to the maximum coverage amount specified in the Agreement. ARTIST 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. 3. Term. This Agreement shall be effective on the date the agreement is executed by the last party to sign the Agreement, and it shall be effective for the period as stated above in recitals. Notwithstanding, this Agreement may be extended for an additional period of up to one additional year with the consent of both Parties and by a written amendment to this Agreement. ARTIST agrees to develop a SITE-specific ARTWORK specified on Scope of Work attached as Exhibit “A”, “B” and “C” of this Agreement to CITY, which are attached and incorporated herein by this reference. The ARTWORK will remain in the CITY’s possession DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 3 during the loan period but may be painted over at any time at the CITY’s sole discretion. CITY will notify ARTIST when any ARTWORK is to be covered from exhibit. CITY and ARTIST may agree in writing to extend the duration of this Agreement. Acceptance of the ARTWORK does not imply that the ARTWORK will be maintained on public display for the duration of the Agreement. 4. Transportation and Packing. ARTIST certifies that the final ARTWORK developed for 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 ARTWORK, which will constitute the condition of the ARTWORK at the time of the acceptance of the ARTWORK. 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 ARTIST. 5. Compensation. The total fee payable to ARTIST for the design, creation, fabrication, production, transportation and installation of ARTWORK as contemplated by this Agreement will not exceed fifty thousand ninety-three dollars ($50,093). The total fee includes all roundtrip transportation and installation costs incurred by ARTIST to the City of Carlsbad. No other compensation will be allowed except for items covered by subsequent written amendments to this Agreement. Fees will be payable as provided in Exhibit A (Scope of Work) of this Agreement. 6. Indemnification. ARTIST 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 ARTIST, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Indemnification for Infringement. The ARTIST also agrees to protect, defend, indemnify and hold the CITY harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by the ARTIST or his/her agents constitutes an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. 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. 7. Installation. ARTIST shall install the ARTWORK. CITY reserves the right to make the final decision on which items will be included in the exhibition. CITY shall take reasonable steps to preserve the exhibited ARTWORK against adverse environmental conditions, deterioration or damage. 8. Damage. ARTWORK will be visually inspected upon completion and any noticeable damage will be documented. Evidence of damage to ARTWORK while in the CITY’s custody will be reported immediately to the ARTIST. 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. DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 4 9. Reproduction Rights. Subject to the rights granted herein, ARTIST retains all rights under the Copyright Act of 1976 (17 U.S.C. §101 et. seq.), as amended from time to time. The ARTIST hereby grants the CITY, royalty free and irrevocable license to make, or cause to be made, photographs and other two-dimensional reproductions of the ARTWORK for noncommercial purposes. For the purpose of this Agreement, the following are among those deemed to be permissible reproductions for the above cited purposes: reproductions used in CITY business, advertising, souvenirs, brochures and pamphlets pertaining to the CITY; reproductions in exhibition catalogues, books, slides, photographs, postcards, posters, calendars, art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art; slides and film strips; video; computer websites; and television; as well as in media that shall exist in the future. The CITY may not re-license 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." 10. Copyrights. The responsibility for registration of the copyright shall be the responsibility of the copyright holder under this Agreement. 11. Warranties. 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 upon any copyright, trademark, service mark or other intellectual property right of any third party. • The ARTWORK or a duplicate of the ARTWORK has not been sold elsewhere. Warranty of Quality and Condition. The ARTIST represents and warrants that: • The execution and fabrication of the ARTWORK will be performed in a workmanlike manner. • 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 deteriorations of the ARTWORK. 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 along with the design. The warranty of quality and condition 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 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.) 12. Repairs. The CITY will have the right to determine when and if repairs and restorations to the ARTWORK shall be made. 13. Waiver of Rights. The ARTIST and CITY acknowledge that the ARTIST may have certain rights under the Federal Visual Artists Rights Act of 1990 ("VARA" 17 U.S.C. § 106A, et seq.). The ARTIST DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 5 acknowledges and understands that if fabrication is performed, the subsequent installation of the ARTWORK at the SITE may subject the ARTWORK to destruction, distortion, mutilation or other modification due to its removal by the CITY or its officials, officers, employees, agents or representatives. The ARTIST and CITY acknowledge that the ARTIST may have certain rights under California Civil Code Section 987 which are not pre-empted by VARA. In consideration of the terms and conditions in this Agreement, the ARTIST waives any rights which the ARTIST or the Contractor's heirs, beneficiaries, devisees or personal representatives may have under California Civil Code Section 987 to prevent the removal, destruction, distortion, mutilation or other modification of the ARTWORK. Any contracts or written agreements between the ARTIST and his/her subcontractors or other artists contributing to the ARTWORK shall include a waiver of the ARTIST’s rights under this Agreement. The ARTIST agrees to waive the rights under VARA to prevent the destruction, distortion, mutilation or other modification of the ARTWORK. The ARTIST’s rights under this Agreement shall cease with the ARTIST’s death and do not extend to the ARTIST’s heirs, successors or assigns. In addition, in the event that any element of the ARTWORK constitutes a public safety hazard, the CITY has the right to remove the element posing the public safety hazard. 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. The parties expressly agree that this section will survive the expiration or early termination of this Agreement. 14. Withdrawals. ARTWORK cannot be covered over by the ARTIST at any time during its exhibition. 15. Termination. ARTIST or CITY may terminate this Agreement prior to the start of the Term, as set forth in Section 3 of this Agreement, by giving the other party thirty (30) days written notice. In the event the ARTIST terminates this Agreement, ARTIST will refund, within ten (10) calendar days, all fees paid to ARTIST by the CITY. In the event the CITY terminates this Agreement, ARTIST may retain fifty percent (50%) of the fees paid by CITY; ARTIST shall refund the balance of the fees to CITY within ten (10) calendar days of the notice of termination. 16. Assignment and Binding Agreement. This Agreement shall not be assigned without the written consent of the CITY, which consent shall not be unreasonably withheld. This Agreement shall be binding upon the heirs, successors, and assigns of ARTIST. 17. Entire Agreement. This Agreement, together with any other document referred to in it embody the entire agreement and understanding between the parties relating to its subject matter. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except by an instrument in writing executed by parties to this Agreement. DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 6 18. California Law. The validity of this Agreement and any of its terms shall be governed by the laws of the State of California. If any part of this Agreement is found illegal, void or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. The forum and venue of any dispute arising from this Agreement shall be the Superior Court of California, County of San Diego, North County Judicial District. 19. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of ARTIST each represent and warrant that they have the legal power, right and actual authority to bind ARTIST to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) GEOFF PATNOE Assistant City Manager As Authorized by the City Manager Hennessy Arntzen, Artist (print name/title) ATTEST: By: (sign here) For FAVIOLA MEDINA Sofia Laçhin, Artist 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 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 7 EXHIBIT “A” SCOPE OF WORK 1. Design Concept – ARTWORK. Capture the community’s interest and be designed to create an exciting visual experience for the visitors • Engage and aesthetically delight individuals of all ages and backgrounds • Provide people a sense of place that’s welcoming to this distinctive area • Capture the spirit, energy and liveliness of Carlsbad’s community • Connect to the cultural heritage of the space, honoring literacy and those learning in English and Spanish • Encourage an environment for artistic creativity and promote Carlsbad as a local, state and national leader in arts, culture and public art • Increase awareness of Carlsbad's Art in Public Places strategy, along with the city’s temporary public art initiatives, as an integral component for attracting business and tourism to Carlsbad • The defined ARTIST Scope of Work and SITE details for the ARTWORK is detailed in Exhibit “A”, “B”, and ARTIST PORTFOLIO in Exhibit “C”. *The final design concept (ARTWORK) may reflect one or all of these identifiers, based on feedback received during the community engagement process. 2. Contact Information. Artist(s) Studio Tutto, Artist team 351 Castaic Avenue Pismo Beach, CA 93449-1912 • Artist, Hennessy Arntzen, 916-225-2773, hennessy@studio-tutto.com • Artist, Sofia Laçhin, 916-812-1543, sofia@studio-tutto.com City • Cultural Arts Manager, Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov • Community Arts Coordinator, Tonya Rodzach, 442-339-2087, tonya.rodzach@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. /// /// /// /// /// DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 8 Artwork Location. The City of Carlsbad Library Learning Center, 3368 Eureka Place, Carlsbad, CA 92008, on the west-facing exterior wall and partial sidewalk and cross walk in the parking lot has been identified for areas to have ARTWORK. 3. *Proposed Schedule. Date Activity Phase One: April to June, 2022 • Begin discussions with identified key stakeholders of the City for Carlsbad Library Learning Center, community members and other identified representatives. • Conduct SITE visits and begin to develop design concepts. • Provide a progress update and share design concepts in writing via email to the City’s Cultural Arts Manager or his designee. • Upon completion of the ARTWORK, acceptance of the ARTWORK will be conducted in writing via email by the Cultural Arts Manager or his designee • Finalize ARTWORK to be used for the for mural. • Send final digital versions of the ARTWORK via email to the City’s Cultural Arts Manager or his designee. Phase Two: July to September, 2022 • Coordinate with the city’s Cultural Arts Manager or his designee to identify timeframe for the installation of the ARTWORK. • Email identified dates to the city’s Cultural Arts Manager or his designee. • Finalize ARTWORK installation on the designated SITE. • Take multiple photographs of the ARTWORK in progress, including some up-close details and final installation. • Notify City’s Cultural Arts Manager or designee in writing via email once completed and share digital photos, at that time. • By September 30, 2022, CITY to review final completion of ARTWORK. *Timelines to be mutually agreed upon all parties involved. Any changes to the schedule must be completed in writing via email to the Cultural Arts Manager or his designee. 4. Artwork Preparation and Goals of the Artist. Observe CITY staff recommendations with regard to preparation of wall and door surfaces to receive paint application. ARTIST shall provide the necessary on-site equipment and supplies for creation of the ARTWORK. ARTWORK is to be completed in a manner which is appropriate inside of a CITY-owned space, and in compliance with the terms and conditions agreed upon by CITY staff and the ARTIST. 5. Work Area Protection. Before painting, use the necessary sheeting materials to protect work in progress as well as any other surfaces liable to damage during the mural process. i.e. exterior wall and awnings not receiving ARTWORK. 6. Materials and Surface Preparation. Use appropriated funds to purchase and use only premium quality materials necessary, including, but not exclusively paint. This ARTWORK will be located on an exterior façade and partial sidewalks and crosswalks that are high-traffic area and paint needs to be able to withstand touching and heavy usage. DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 9 7. Site Tear Down and Clean Up. The ARTIST is responsible for maintaining the SITE as agreed by both Parties and aligned with public safety standards, especially at times when the Library Learning Center is open to the public and during period ARTIST is not on-site. Once ARTWORK is complete, the ARTIST shall remove all materials from the premises. 8. Artwork Maintenance. The ARTWORK should be painted with durable, low-maintenance exterior-grade paint or materials that require minimal maintenance. ARTIST to provide any maintenance requirements in writing via email to the city’s Cultural Arts Manager or his designee. As part of the CITY’s ongoing efforts to maintain their public art projects, the ARTIST may provide restoration and conservation work annually over the next two years after this Agreement has been executed. 9. Other. The ARTIST bears the sole burden for ensuring that all legally required licenses and permits are obtained and renewed as specified by the regulating agency. This information is provided as a guide only. The ARTIST must verify and comply with all Federal, State and Local requirements, whether listed here or not. All fees will be paid as specified above. ARTIST’s invoice will be clearly identified per assigned task and designated funding category and will be submitted at the completion of each task. Invoices shall be sufficiently detailed to include related activities for approval by the CITY. 10. Artist Programming. ARTIST will be available to participate in in-person programming such as tours and discussion of ARTWORK, audio and/or on-camera interviews and any media opportunity. All programming will be coordinated in advance with the CITY's Cultural Arts Manager or his designee and shall constitute “work made for hire” under the United States Copyright Act of 1976 [17 U.S.C. §§ 101, et seq.] and any other applicable law. CITY reserves the right to audio and/or video record and to reproduce and distribute any lecture, reading or speaking engagement, and musical concert or musical performance performed under this Agreement as virtual programming. CITY may retain the recording in its files, may replay the recordings for its employees and the public, including the right to post, replay or broadcast the recordings on the CITY’s YouTube channel, the CITY’s cable channel, the CITY’s Library Facebook Live account and other similar CITY internet-based platforms, and may make the recording available for non-circulation use at its library facilities. CITY shall not sell the recording. CITY shall provide a copy of the recording to the ARTIST, upon the ARTIST’s request. 11. Artist Press Kit. Upon execution of Agreement, the ARTIST agrees to provide a high-resolution image of self (headshot preferred) and written biography (up to 300 words) as well as four (4) to five (5) high-resolution images of ARTWORKs being shown in the CITY. Images shall be delivered to the CITY's Cultural Arts Manager or his designee in electronic form via email immediately upon the Agreement's execution. DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 10 12. 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 (6) feet. The safety protocols may be modified at any time due to changing rules, regulations or circumstances. 13. Fees & Invoicing. Date Activity First payment • A payment of $20,093 will be paid upon the execution of the Agreement, which includes $93 for business license reimbursement. Second payment • A payment of $15,000 will be paid upon completion and approval of ARTWORK design concept in writing via email by the Cultural Arts Manager or his designee. Third Payment • A payment of $15,000 will be paid upon installation of the ARTWORK on the City of Carlsbad Library Learning Center, along with the delivery of the maintenance plan in writing via email to the Cultural Arts Manager or his designee. All invoices shall be submitted to CITY’s Cultural Arts Manager or his designee and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by CITY’s Library & Cultural Arts Director or designee. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C PSALCA-22072CA 11 EXHIBIT “B” ARTWORK LOCATION: CITY OF CARLSBAD LIBRARY LEARNING CENTER Library Learning Center Building – Exterior Wall Specifications Dimensions North end of west wall, approximately 30 feet wide and 27 feet high in varying heights and widths DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C [I] (o' I Cf I CM&M»OfY_, L!AltNINO CUfT!III IHl!lllfl(API.ACt: ----------.------- (l] T.0 WALL: •26'• t+-t-f-,_...:_-:..;:-::-::-::~.:-~__,,,,-=::: TO V!~=L.,_•~24'-'' ~ .... 1 EXHIBIT “C” ARTISTS PORTFOLIO PRESENTATION PSALCA-22072CA DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 2 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 3 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 4 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C ' • \ DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 7 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 8 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C Question 1 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 15 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C / Question 2 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 20 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 23 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C Getting Started B Ii ■■■-■■ /\ ■■■II The majority of the mural will be painted using a paint-by- numbers system. Each shape should be painted up to the outer edge so there are no outlines between the colors. I • a 24 LESSON PLAN DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C Table of Contents Bae kg round and Prompt Questions ............ 3 Key Terms .................................................. 4 Sample Project Layout ............................. . Mural Design Introduction ..................... 6 Species Key ................................................ 7 Expanded Project Ideas .......................... . Relevant Common Core Standards .......... 9 -10 Species Key PLAN TS 1. Cobweb Th tstle Cjrsium occidentale 2. Baby Blue Eyes Nemophila menziesii 3. Fuchsiafl ower Gooseberry Ribes speciosum 4. California Fuchsia Epilobium canum 5. Purple Owl1s Clover Castilleja exserta 6. De,ergrass Muhlenb,ergia rigens 7. Coffee Berry Frangula californica 8. Narrow Lea f M ilkweed Asclepias fascicularis 9. Mulefat Baccharis salicifolia 10. Blue Elderberry Sambucus nigra ssp. caerulea 11. Cardinal Catchfly Silene laciniata 12. Common Yarrow AchHlea millefolium 13. Checker Bloom Sidalcea malviflora 14. Chaparral Clematis Clematis lasiantha INSECTS A. White-lined Sphinx Hyles lineata IB. Variable Checkerspot Euphydrairyas chalcedona C. White-lined Sphinx -caterpillar ID. Monarch Danaus plexippus -caterpillar 25 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C •••• . . ,. • • • • • • • • ' I Question 3 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C INFLUENCE OF THE EARTH MEMORY OF A TREE CLAY EARTH VAYOTS DZOR DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C / "' ' • /' / , / ' ' / / ,. , ' / / ",..._ ' ~ .,;,_ ' / ' , ,. ' '· ' - ' ':-' ' ' : .. <. ' , •. ",( ... ' / ' ' / ./ / / -.. ' ' , ,✓ "" ' ,. ' ' '---, ' ---' / ' ' / / ' ' , / / ' ' //' / / / ' ' "· ,. ' ' "' /' ·, ' -.. • '-.~ ~-.. " " ' ' ' ' ' '( '• .. / // ' / / / ' \ '----.. / ,. / ,, ,, " -. ' ' " ' ' ' _, "-.. _ -- ' ---x " ,. ---'.• DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C Library & Cultural Arts Department 1775 Dove Lane  Carlsbad, CA 92011  760-602-2090 www.carlsbadca.gov Memorandum January 26, 2022 To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From: Richard Schultz, Cultural Arts Manager Via: Suzanne Smithson, Library & Cultural Arts Director Re: Request for Bidding Exemption for Temporary Public Art located at the Carlsbad Library Learning Center Artwork Commission Agreement Per Administrative Order No. 12, any professional services and equipment procurements over $40,000 require a formal bidding process. The purpose of this letter is to request authorization for an exemption procurement of works of art per Purchasing Code 3.28.110 (J) and allow staff to negotiate with an artist for an artwork commission agreement, not to exceed $50,000. (Ord. CS-002 § 2, 2008) Funding for this temporary public art project is available in FY 2021-22 Public Art General Funds. Background: The city’s temporary public art program encompasses all the same goals of the city’s Art in Public Places program while supporting a variety of visual arts experiences with the possibility of performing arts elements. These pop-up art experiences may range from a single occasion to a short term of several days or a longer duration over multiple years. The overall goal is to increase awareness of local and regional artists and heighten the visibility of artists and the arts in Carlsbad. An ongoing priority is to create thoughtful relationships between public space and art while preserving Carlsbad’s distinct heritage and cultural identity. The city’s public art program is created in the community’s interest and designed to create exciting aesthetic experiences that engage Carlsbad’s community and give people a sense of place that’s welcoming to this distinctive area. Ultimately, this project deepens the city’s commitment to public art and the arts, in general, and broadens its value to the quality of life. Inspiration and support for the development of new temporary public art installations are prompted by the City Council’s acceptance of the Imagine the Possibilities document in 2016 and designating funds each year towards this effort. In 2016, the city initiated an annual fund supporting these temporary public art experiences, allowing funding to support a large-scale mural project in a distinct neighborhood. Library Learning Center Mural Project The Carlsbad Library Learning Center is located at 3368 Eureka Place, Carlsbad. The city’s Library Learning Center is a vital educational resource, meeting community members’ needs for friendly, personalized, and sensitive assistance with literacy and learning in English and Spanish. The Learning Center provides a comfortable and welcoming gathering place where library services and lifelong learning is provided for all ages. The west-facing wall of the building, along with a partial area of the PSALCA-22072CA DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C ('city of Carlsbad Jan. 26, 2022 Page 2 sidewalk and parking lot crosswalk, has been identified as an ideal site for a temporary public art mural with high visibility from Holiday Park. Additional Background Arts and culture have long been an essential component of Carlsbad’s life. Today, the city recognizes the value of a strong arts and culture community as an integral part of daily life, as well as the strong growth of the arts and creative economies within the region. Established in 1986, the city’s Cultural Arts Office provides cultural services throughout the community and works with a host of partners to expand arts programming and deepen arts appreciation. Two of its most popular programs have been TGIF Concerts in the Parks, a free musical series offered each summer, and the William D. Cannon Art Gallery, presenting works by local, regional, and international artists. In June 2018, City Council approved the Arts & Culture Master Plan that supports the City of Carlsbad’s commitment to these following core values: •High-quality programs •Dedicated resources •History of partnership The guiding principles outlined in the Arts & Culture Master Plan elevates the role of the Cultural Arts Office to expand from a provider of arts programming and funding into a broader set of new roles that allow the city to realize this vision of the arts and culture in everyday life while stimulating an expanding creative sector economy. This effort continues to build on its ability to bring residents together with the city as a leader in bringing innovative ideas to the community, partnering with local groups to create capacity within the creative sector, and connecting across city departments and among city partners. About the city’s Art in Public Places Program In 2016, the City of Carlsbad completed a public art visioning process with the goals to: •Define broad citywide goals and priorities for public art •Establish timelines for implementation of public art •Educate the public of the value of public art in the community The city’s public art program has a distinguished and significant history. The city’s Art in Public Places Program integrates art and the vision of artists into the development of public settings by collaborating with local, regional, and nationally known artists to include the values and history of our community into their work. The program goals are: •To increase the understanding and appreciation of art in public places of Carlsbad residents and visitors. •To acquire and commission quality and diverse works of art for community enrichment that is site-specific and environmentally responsive. •To encourage the participation of diverse socioeconomic and ethnic groups in the art in public places program and process. •To support and involve artists in developing, collaborating, and implementing Carlsbad's public spaces and community development projects. PSALCA-22072CA DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C Jan. 26, 2022 Page 3 •To encourage collaboration between artists and architects, landscape architects and civil engineers for public projects. •To encourage an environment for artistic creativity in Carlsbad and promote Carlsbad as a local, state, and national leader in arts, culture and public art. •To increase awareness of Carlsbad's art in public places activities as an integral component for attracting business and tourism to Carlsbad. Like the city’s Capital Improvement Program, public art is created in the community’s best interest and designed to create exciting new aesthetic experiences that will engage Carlsbad’s growing community, as well as refresh its infrastructure. Next Steps: With the approval of this exemption, staff will begin to meet with key community stakeholders to identify an artist for the city’s Library Learning Center location. Once the selected artist has fully executed the artwork commission agreement, then artist will begin their community engagement process to begin formulating the design concept. Once the design concept has been approved by the city’s Cultural Arts Manager and his designee, the installation process will commence. Final artwork to be completed by June 13, 2022. I appreciate your consideration. Please let me know if I can answer any further questions. Respectfully, Richard Schultz Cultural Arts Manager Approval for Exemption ________________________________________ ________________ Roxanne Muhlmeister Date Assistant Finance Director/Purchasing Officer Links: 2016, Imagine the Possibilities 2016, Art in Public Places 2018, Arts & Culture Master Plan CC: Debbie Jo McCool, Associate Analyst Shea Sainz, Senior Contract Administrator 2/2/2022 PSALCA-22072CA DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 2/10/2022 Albano-Dale-Dunn & Lewis, Inc 9197 Greenback Lane Suite E P. O. Box 2470 Lic#0442296 Orangevale CA 95662 Sue Vroman (916)988-0214 (916)989-4719 Sofia Lacin & Hennessy Arntzen DBA: Studio Tutto 351 Castaic Ave Pismo Beach CA 93449 Atain Speciality Insur Co 17159 United Financial Casualty Co 11770 CL2111333789 A X X X X CIP423031 11/3/2021 11/3/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B X X X 04204799-4 10/13/2021 10/13/2022 1,000,000 The City of Carlsbad, its officials, employees and volunteers are included as additional insured with respects to general liability arising out of the insured's operations. Primary non-contributory wording included. 30 day notice of cancellation, 10 days for nonpayment of premium. WC Waiver of Subrogation included, per endorsement. City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Josh Horch/BRYN Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C ACORD® I ~ I -D □ -- R □ □ - -- -- -- -H I I I I I □ ~ ) I --- DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AG REEM ENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising injury", involved the ren- dering of or the failure to render any professional architectural, engineering or surveying services. CG20330413 Copyright, Insurance Services Office, Inc., 2012 Page1of2 DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion 111 -Lim its Of I nsu ranee: The most we will pay on behalf of the additional in- sured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page2of2 Copyright, Insurance Services Office, Inc., 2012 CG20330413 CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company] [name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] then workers’ compensation and employers’ liability insurance will be obtained. [Name] [Title and name of company or corporation] PSALCA-22072CA HENNESSY ARNTZEN PARTNER STUDIO TUTTO STUDIO TUTTO STUDIO TUTTO LIBRARY LEARNING CENTER MURAL PROJECT HENNESSY ARNTZEN PARTNER, STUDIO TUTTO DocuSign Envelope ID: 96023484-BFDA-43FB-A2A8-77E0F54A824C