HomeMy WebLinkAboutAGENDA REPORT 2011 0720 CC REG ITEM 09B ITEM 9.13.
rITY OF MOORPARK,CALIFORNIA
City Council meeting
MOORPARK CITY COUNCIL °f-- 7'0'0 ; 0 //
ACTION: ,t?'
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager
DATE: July 8, 2011 (CC Meeting of 07/20/11)
SUBJECT: Consider Selection of Artist for Public Art Project at the Ruben
Castro Human Services Center and Agreement for Artistic
Design, Fabrication, and Installation Services
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) project consists of two buildings
totaling approximately 25,000 square feet (the Facility). Building A is 10,000 square feet
and is designed to house non-emergency medical services. Building B is approximately
15,000 square feet and has been planned as an "Under-One-Roof' facility for various
social services, educational uses, and charitable services. The Moorpark Arts
Commission has studied the plans for the new facility as a location for public art as part
of the City's Art in Public Places Program.
On March 2, 2011, the City Council approved a Request for Qualifications and
authorized a proposal review process for the Commission to prepare its
recommendation to the City Council for the selection of an artist for the project. The
overall design principles for the artwork, as recommended by the Arts Commission and
included in the approved RFQ were:
• The theme "Family" is desirable, but the art is not limited to this concept.
• The art style is not limited or designated and may be historical, traditional or
contemporary.
• The art may be of mediums including but not limited to metals, concrete, rock or
paint.
• While the Human Resource Center is named after the individual Ruben Castro,
the art should not be an individual likeness of him.
• No water feature will be considered.
The facility site plan was included with the RFQ along with several pictorial views of the
buildings. While an ideal site for the artwork is the circular courtyard opening to the
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Honorable City Council
Regular Meeting of July 20, 2011
Page 2
southeast, other options for artwork site were discussed and considered including the
corridor between Buildings A and B and the northwest and north east corners of the
building site.
As a result of the RFQ, the City received responses from 46 different artists from across
California. Staff review of the applications resulted in the elimination of six that were
considered non-responsive or incomplete. The 40 remaining applications were
examined by each commissioner and by the Assistant City Manager (the Committee).
Each reviewer ranked their ten preferred applicants. Those lists were compared and the
ten artists receiving the most votes were placed on a short list and presented to the
entire group for further consideration.
At their regular meeting of May 17, 2011 the Committee developed a list of four finalists
that were invited for an interview. Interviews were arranged at Special Commission
Meetings on June 8 and June 16.
Those artists interviewed were: Carol Gold, Fairfax, CA and Stephen L. Rieman, Yucca
Valley on June 8; and John Fisher, Ft. Bragg, CA and Miles Metzger, Mokelumne Hill,
CA June 16. The artists were not asked to present their proposed sculpture but to be
prepared to present their body of work. They were encouraged but not required to
provide sketches representing their conceptual ideas for the project. During the hour-
long interviews, the artists were given a three-dimensional tour of the RCHSC using the
City's Building Image Modeling (BIM) Program. Each of the artists discussed their past
work and their approach to this project and sketches or models representing their
concept. Possible placement choices for the artwork were discussed at length.
On June 21, 2011, the Committee met to review the finalists and determine a priority
placement for recommendation to the City Council. Each Commissioner shared their
thoughts about each artist. The consideration centered on the probable acceptance and
understanding of each piece of art by the community of all people that would be visiting
the building. The characteristics of that community were discussed in detail. There was
lengthy and in-depth discussion with many varying opinions and impressions
expressed. At this point, Mr. Metzger's application was not considered further.
Discussion continued about the actual placement of the artwork. The Commission plans
to revisit the placement of the art after an artist is selected by the Council. The selected
artist can then participate in the placement and site preparation planning, working
directly with the Commission and the facilities design/construction team.
A summary of the three finalists is presented below. Presentation materials and
sketches are provided in Attachment 1.
Carol Gold: Carol works in cast bronze with designs sculpted initially in wax. Her work
is characterized with distinctive and stylized flat figures with human extremity and facial
features. Her figures present dramatic poses and simulated motion and mood. She
strives to communicate her feelings about nature and human character through her
19
Honorable City Council
Regular Meeting of July 20, 2011
Page 3
figures and animals. Balance and human interaction are recurrent themes in her
sculptures. Her work is cast, finished and imported to the placement site.
Steven Rieman: Mr. Rieman's work attempts to ask questions about the balance
between advancing technology and the preservation of the natural environment. He
combines different methods, materials and ideas that express various contrasts and
relationships. His goal is to create a delicate balance between competing natural and
manmade influences that reveal their ever changing relationships. Mr. Rieman's
sculptures include "bronze verde" (flat) supported by materials such as stone, stainless
steel and other metals. His work is typically fashioned or fabricated offsite and then
imported to the placement site.
John Fisher: Mr. Fisher is a traditional stone sculptor working in marble, granite or
limestone. Unlike Gold and Rieman, Fisher's work is carved in place on site from a
block of the selected material. The figures are very life-like with un-mistakable
characteristics. His projects provide an opportunity for observers to watch the art being
created and even to participate in its final formation. Such observers may be school
classes, college art students, community groups. Mr. Fisher's projects include
community outreach and on-site narrative by his team giving the community a chance to
embrace the work as it is being created.
Generally the Committee agreed that the selected artist and resulting art piece should
be consistent with the following: 1) should be readily understood by anyone looking at it
thus eliminating any perceived misconceptions; 2) should reflect the diversity of service
that will be found in this new community opportunity; and 3) Since every age, from
newborn to senior citizen would be utilizing the facilities, these varied age differentials
need to have clarification and acceptance from the beginning.
The Committee also favored the idea that John Fisher's creation would be created on
site. The opportunity for the community to observe the artist at work was seen as an
important advantage particularly for the Ruben Castro Human Services Center. The
Committee felt this feature would help introduce the new facility as a whole and give
visitors a sense of ownership in the sculpture and the new building.
The Committee's discussions were concluded with a simple ballot for the
Commissioners to prioritize their choices for recommendation to the City Council. The
resulting preferential order was: 1St choice, John Fisher; 2nd choice, Steven L. Rieman;
and 3`d choice, Carol Gold. The final consensus of the Commission was to recommend
that John Fisher be selected as the artist for the project.
FISCAL IMPACT
The project budget for the Ruben Castro Human Services Center includes $138,943 for
public art.
20
Honorable City Council
Regular Meeting of July 20, 2011
Page 4
STAFF RECOMMENDATION
Award the project to John Fisher and authorize the City Manager to sign an Agreement
for Artistic Design, Fabrication and Installation Services with costs including all
expenses not to exceed $138,000 and subject to final language approval by the City
Manager and the City Attorney
ATTACHMENTS:
1 . Artist's Materials
2. Draft Agreement for Artistic Design, Fabrication and Installation
21
ATTACHMENT
ARTIST' S MATERIALS
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�= CITY OF CLAREMONT Glenn D. Southard, City Manager
City Hall City Manager•(W%399-5441
207 Harvard Avenue City Clerk ")3W5460
RO.Box 880 Personnel•(909)399-5450
C%rernort,CA 91711-0880 Commun ty Information•(909)399-5497
FAX(909)399-5492
www.d.daramont.ca.us
August 27, 2002
To Whom It May Concern:
I am pleased to have the opportunity to write a letter of recommendation for a
very fire artist, ,John Fisher.
When firs# presented with the idea of a Symposium in Clamnorrt, I was
concerned about Naar the entire process would be orchestrated by both John and
the volunteers involved To my delight, the John Fisher pmiecdt was developed,
managed and executed without a glitch. The Claremont commtsoty embraced
John and his family by providing homing, meals and transportation during their
visit
The Symposium prov"aded the Claremont community with a wonderful sense of
unity and accomplishment. Jahn Fisher was cap" of keeping to tfre task at
hand, as well as indulgirV in dialogues with the daily visitors to the
construc 6on/creadion site. He was a real trooper with the nurrarrws chasenges
that faced the project, such as rain and cold vweat
John Fisher is a very skilled artist. With his engaging personality he was able to
create a memorable and exciting experience for Claremont. WMYxA reservation,
I can recommend John Fisher as a talented sculptor and a genuine individual.
If you have any questions, please feel free to contact me.
S' y,
GI C. Southard
City Manager
29
BRYANT 6c SONS,LTD- 812 State Street
Santa Barbara,CA 93101
Telephone(805)9669187
October 1, 2004
To Whom It May Concern:
I am pleased to supply this letter of support for John Fisher. From the first time
John came into my store in Santa Barbara to tell me about his work until the
completion of his incredible sculpture last month,I have been impressed by his
passion for art and caring for people. In his sculpture titled"90 Days", John has
managed to capture the essence of our project which is helping the people of our
community in their struggle to overcome drug addiction.
Many of our community members, young and old,have spent countless hours
watching John work. He has been extremely gracious,always taking the time to
teach and involve people in the process of sculpting. Countless children have
been given a unique opportunity to be exposed to art in a way that few ever
experience. It is an experience they will not soon forget.
Santa Barbara and its citizens have been so fortunate to be a part of this process
and John's beautiful piece of art will be here forever for all who come after us to
enjoy.
Sincerely,
4ob B t
President
Master Jewelers•Designers•Gemologists
30
The Council on Alcoholism and Drug Abuse e
An Affiliate of the National Council on Alcoholism and Drug Dependence, Inc.
P.O. Box 28 • Santa Barbara, CA 93102 1949
(805) 963-1433 . FAX (805) 963-4099 <R'
www.cadasb.org
October 1,2004
To Whom It May Concern:
I am pleased to supply this letter of support for sculptor John Fisher. I had the privilege
of working with John for three months from conception through completion of his public
carving project in Santa Barbara,California during the summer of 2004. The Council on
Alcoholism and Drug Abuse served as the fiscal agent and coordinating entity for a
collaborative effort involving another non-profit organization,Elings Park,private
individuals,businesses,and schools,which resulted in a 19-ton block of Carrara marble
being transformed into an amazing work of art.
Observers of Santa Barbara's project were amazed that John was able,in a few short
weeks of carving,to capture the essence of our cause and represent concepts so important
to us.
In my role as the Council's President,I also have a deep appreciation for John's ability to
work with the challenges of social and fundraising events,marketing and media
coverage,etc. John is a superb educator,articulate and interesting. He always took the
time to meet with dozens of school classes, from preschool through college,as they came
to watch and learn during the carving sessions. He managed all these distractions and
interruptions of his creative process and never missed the opportunity to involve all those
who came to the park to watch his progress.
John Fisher is thoughtful and spontaneous,driven by his passions and able to instill his
love of art in others. He has had a profound impact on all who have met him this
summer and his sculpture will remain in Santa Barbara as a constant reminder to all who
see it,that hope and help is always available to those who struggle.
Sincerely,
Vl.�
Penny lenlcinsv
President
A United Wav Agency
31
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Simplicity is primary in Carol's continuous search for forms with
which to best express the essence of motion and mood. Using wax
as her creative medium, she strives to communicate her feelings
about nature and human character through her figures and
P . r :.,t c animals. Balance and human interaction are recurrent themes in
her sculptures
Carol's work has been exhibited throughout the US and Canada
Balancing ltd ad bronze 35°x15°x lo° Among numerous awards are those received from the National
Sculpture Society and the North American Sculpture Exhibition.
Public commissions include sculptures for the City of Bakersfield,
CA. Benson Park, Loveland, CO and the Clinton Library in Little
Rock, AK.
Bronze Coast Gallery
Cannon Beach OR
www_bronzecoag gallery.com
Coda Gallery
Palm Desert. CA
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Columbine Galleries
Loveland CO
www.coiurnbinensq com
Gailery 822
Santa Fe. New Mexico
www gallery 322 corn
http://www.carolgoldsculpture.com/ 5/18/2011 3 6
t.aroi vow.acutpture Page 2 of 2
Scottsdale Fine Art
Scottsdale AZ
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email the artist:
carolgold@palihlink.•ne
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ADD TO FAVORITES DADD TO FAVORITES
Carol Gold -41- �~ .
sculptor r
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2901a Sir Francis
Drake Blvd.
Fairfax,CA 94930
United States
Caro l go l d(-a,e arth l i nk.n et
carolgoldsculpture.com
Join Artist's Mailing Map data 02011 Google-
List Biccer map and directions
I create my sculptures in wax and finish them in bronze.
Media:
Sculpture
How to see my art or contact me:
At the gallery:
Bronze Coast Gallery,Cannon Beach,OR
CODA Gallery,Palm Desert,CA
Columbine Gallery,Loveland,CO
On my website:carolgoldsculpture.com
Search Words:carol gold,sculpture
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http://www.theartsmap.com/detail.php?id=2130 5/18/2011 3 8
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49
STEVEN L. RIEMAN 1188 TAHOE "E., YUCCA VALLEY, CA 92284 ah(760)364-3455
email: riemans@riemansculpture.com website: www.riemansculpture.com
Artist Statement
My work attempts to ask questions about the balance between
advancing technology and the preservation of the natural
environment. I find myself caught up in the incredible possibilities
of a high tech world, yet recognizing the real possibility of
destroying the natural world along the way making the
technological advances meaningless and without value.
In my search for the means to visually communicate my feelings, I
combine methods, materials and ideas that express various
contrasts and relationships. My goal is to create a delicate
balance, between competing natural and manmade influences,
that in some way reveal their ever changing relationships.
1
0
ATTACHMENT 2
AGREEMENT FOR ARTISTIC DESIGN, FABRICATION, AND INSTALLATION
SERVICES BETWEEN CITY OF MOORPARK AND
THIS AGREEMENT, made and entered into this day of ,
2011, between the City of Moorpark, a municipal corporation, hereinafter referred to as
"CITY", and , an individual, hereinafter referred to as "ARTIST".
WITNESSETH:
WHEREAS, CITY has a need for certain artistic design, fabrication, and
installation services to create public art ("Artwork") at the Ruben Castro Human
Services Center located at 610 Spring Road ("Project Site"); and
WHEREAS, CITY desires to contract for such services with a private artist; and
WHEREAS, CITY wishes to retain ARTIST for said services consistent with a
scope of work proposal dated , which is attached hereto as Exhibit A and
incorporated herein by this reference as though set forth in full.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
CITY does hereby retain ARTIST as an independent contractor in a contractual
capacity to perform the services set forth in Exhibit A and in accordance with the terms
and conditions hereinafter set forth herein and with the authorities and responsibility
ordinarily granted to this type of work. In the event there is a conflict between the
provisions of Exhibit A and this Agreement, the language contained in this Agreement
shall take precedence.
I. COMPENSATION AND SERVICES
The ARTIST shall receive, and shall not exceed, one hundred thirty-eight
thousand dollars ($138,000.00) for work directly related to the services set forth
in Exhibit A. ARTIST shall complete the tasks according to the schedule of
performance, which is also set forth in Exhibit A. ARTIST shall submit payment
requests as provided in subsection H. of Section III.
II. TERMINATION
This Agreement will terminate upon completion of the services list in Exhibit A,
unless earlier terminated with or without cause by either party at any time with no
less than ten (10) days written notice to ARTIST by CITY and no less than thirty
(30) days written notice to CITY by ARTIST.
51
In the event of an early termination, ARTIST shall be compensated for such
services up to the date of termination. Such compensation for work in progress
shall be limited to actual services performed.
III. GENERAL CONDITIONS
A. CITY shall not be called upon to assume any liability for the direct
payment of any salary, wage or other compensation to any person
employed by ARTIST performing services hereunder for CITY.
B. ARTIST is and shall at all times remain as to CITY a wholly independent
contractor. Neither CITY nor any of its officers, employees, servants, or
agents shall have control over the conduct of ARTIST or any of the
ARTIST's officers, employees, or agents, except as herein set forth.
C. At the time of termination of this Agreement, all CITY files including but not
limited to original documents, designs, drawings, reports, logos, compact
disks, computer files, notes or other related materials, whether prepared
by ARTIST or his subcontractor(s), or obtained in the course of providing
the services to be performed pursuant to this Agreement shall be given to
CITY upon twenty-four (24) hours notice.
D. ARTIST agrees to defend, indemnify, protect and hold CITY, its agents,
officers and employees, harmless from and against all claims asserted, or
liability established for damages or injuries to any person or property
including to ARTIST's employees, agents, representatives or
subcontractors, or judgments arising directly or indirectly out of
obligations, work or services herein undertaken, which arise from, are
connected with, are caused or claimed to be caused by the acts or
omissions of the ARTIST, or the ARTIST's employees, agents,
representatives or subcontractors. The obligation to indemnify shall be
effective even if the passive negligence of the CITY, its agents, officers or
employees contributes to the loss or claim.
The ARTIST further agrees that the duty to defend includes attorneys fees
and all costs associated with enforcement of this indemnification provision,
defense of any claims arising from this Project; and, where a conflict of
interest exists, or may exist between the ARTIST and the CITY, the
reasonable value of attorneys fees and all costs if the CITY chooses, at its
own election, to conduct its own defense or participate in its own defense
of any claim related to this Project. The ARTIST's duty to indemnify and
hold harmless shall not include any claims or liability arising from the
established active negligence, sole negligence, or willful misconduct of the
CITY, its agents, officers or employees.
Without in any way limiting the generality of the foregoing, the ARTIST
represents and warrants that any materials or deliverables, including but
not limited to the Artwork Design and the Artwork (Works), provided under
this contract are either original, not encumbered and do not infringe upon
the copyright, trademark, patent or other intellectual property rights of any
Agreement with for Artistic Design, Fabrication, and Installation Services Page 2 52
third party, or are in the public domain. If deliverables, materials or Works
provided hereunder become the subject of a claim, suit or allegation of
copyright, trademark or patent infringement, CITY shall have the right, in
its sole discretion, to require ARTIST to produce, at ARTIST's own
expense, new non-infringing materials, deliverables or Works as a means
of remedying any claim of infringement in addition to any other remedy
available to the CITY under law or equity. ARTIST further agrees to
indemnify and hold harmless the CITY, its officers, employees and agents
from and against any and all claims, actions, costs, judgments or
damages of any type alleging or threatening that any materials,
deliverables, supplies, equipment, services or Works provided under this
contract infringe the copyright, trademark, patent or other intellectual
property or proprietary rights of any third party (Third Party Claims of
Infringement). If a Third Party Claim of Infringement is threatened or
made before ARTIST receives payment under this contract, CITY shall be
entitled, upon written notice to ARTIST, to withhold some or all of such
payment.
The CITY does not and shall not waive any rights that it may have against
the ARTIST by reason of this Section, because of the acceptance by the
CITY, or the deposit with the CITY, of any insurance policy or certificate
required pursuant to this agreement between the ARTIST and the CITY.
The hold harmless and indemnification provisions shall apply regardless of
whether or not said insurance policies are determined to be applicable to
any losses, liabilities, damages, costs and expenses described in this
Section.
E. In the event ARTIST hires employees other than officers, then ARTIST
shall provide workers' compensation insurance as required by the
California Labor Code. If any class of employees engaged by ARTIST in
work under this agreement is protected by the workers' compensation law,
ARTIST shall provide adequate insurance for the protection of such
employees consistent with the insurance coverage requirements in Exhibit
B, attached hereto and incorporated herein by this reference as though set
forth in full.
F. ARTIST shall maintain prior to the beginning of and for the duration of this
Agreement general liability and automobile insurance coverage as
specified in Exhibit B, attached hereto and incorporated herein by this
reference as though set forth in full.
G. ARTIST shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties
that ARTIST is uniquely qualified to perform the services provided for in
this Agreement.
H. Payment to ARTIST shall be made by CITY within thirty (30) days of
receipt of invoice, except for those which are contested or questioned and
returned by CITY, with written explanation within thirty (30) days of receipt
Agreement with for Artistic Design, Fabrication, and Installation Services Page 3 53
of invoice. ARTIST shall provide to CITY a written response to any invoice
contested or questioned and further, upon request of CITY, provide CITY
with any and all documents related to any invoice. Invoices shall be
submitted on a monthly basis at the end of each month.
I. Any notice to be given pursuant to this Agreement shall be in writing and
all such notices and any other document to be delivered shall be delivered
by personal service or by deposit in the United States mail, certified or
registered, return receipt requested, with postage prepaid, and addressed
to the parry for who intended as follows:
To: City of Moorpark
Attn: City Manager
799 Moorpark Avenue
Moorpark, CA 93021
To:
Either party may, from time to time, by written notice to the other,
designate a different address, which shall be substituted for the one
above specified. Notices, payments and other documents shall be
deemed delivered upon receipt by personal service or upon deposit in the
United States mail.
Nothing contained in this Agreement shall be deemed, construed, or
represented by CITY or ARTIST or by any third person to create the
relationship of principal or agent, or of a partnership, or of a joint venture,
or of any other association of any kind or nature between CITY and
ARTIST.
J. This Agreement constitutes the entire agreement of the parties concerning
the subject matter hereto and all prior written agreements or
understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended in any way except by a writing expressly
purporting to be such an amendment, signed and acknowledged by both
of the parties hereto.
K. Should interpretation of this Agreement, or any portion thereof be
necessary, it is deemed that this Agreement was prepared by the parties
jointly and equally, and shall not be interpreted against either party on the
ground that a party prepared the Agreement or caused it to be prepared.
L. No waiver of any provision of this Agreement shall be deemed, or shall
constitute a continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the party making the
waiver.
Agreement with for Artistic Design, Fabrication, and Installation Services Page 4 54
M. In the event any action, suit or proceeding is brought for the enforcement
of, or the declaration of any right or obligation pursuant to this Agreement
or as a result of any alleged breach of any provision of this agreement, the
prevailing party shall be entitled to recover its costs and expenses,
including reasonable attorneys' fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award
thereof.
N. Cases involving a dispute between CITY and ARTIST may be decided by
an arbitrator if both sides agree in writing to arbitration and on the
arbitrator selected, with costs proportional to the judgment of the
arbitrator.
O. This Agreement is made, entered into, executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action to herein, shall be filed in the
applicable court in Ventura County, California.
P. The captions and headings of the various Articles and Paragraphs of this
Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
Q. ARTIST agrees that he/she has no interest, nor shall he/she acquire any
interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder. ARTIST further agrees
that he/she has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s)
and/or partnerships and/or public agencies owning property and/or
processing an entitlement application for property in the City of Moorpark
or its Area of Interest, and further agrees that he/she shall provide no
service or enter into any agreement with any developer(s) and/or property
owner(s) and/or firms(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property
in the City of Moorpark or its Area of Interest, prior to completion of the
term of this Agreement.
With the exception of Section I. (Compensation and Services) of this
Agreement, neither ARTIST nor any member of his immediate family shall
have any economic interest, or acquire or receive any economic interest,
directly or indirectly in any manner or degree arising out of the
performance of this Agreement, including, but not limited to, economic
interests in any performance or production at the theater during the term
of this Agreement.
ARTIST further agrees he/she shall provide no service or enter into any
agreement with any individual or entity that has an agreement to provide
services, materials, or equipment to City of Moorpark without the prior
written consent of the City Manager.
Agreement with for Artistic Design, Fabrication, and Installation Services Page 5 55
ARTIST also agrees he/she will not accept a gift from any person or entity
doing business with the CITY. For purposes of this Agreement, a gift is
defined as provided for in Government Code Section 87300 es seq. and
Title 2, Division 6, California Code of Regulations, Section 18730 and
amendments or supplementary thereto.
R. ARTIST agrees that he/she shall not provide a reference or response to
personnel and work experience related inquiries pertaining to any current
or prior employees of CITY and shall refer all such matters to the CITY's
Human Resources office.
S. If any portion of this Agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in
any way.
T. ARTIST shall provide bi-monthly progress reports to the CITY detailing the
ARTIST's activities.
U. The ARTIST retains all copyrights to any and all of the ARTIST's
Submissions and, except as provided below, to the Artwork:
Irrevocable License to Reproduce for Non-Commercial Purposes. The
ARTIST hereby grants the CITY, without charge to the CITY, irrevocable
license to make, or cause to be made, photographs and other two-
dimensional reproductions of the Artwork or the Artwork Design for
educational, public relations, tourist and arts promotional purposes without
payment of a royalty to the ARTIST. For the purposes of this Agreement,
the following are among those deemed to be permissible reproductions for
the above cited purposes: in brochures and pamphlets pertaining to the
CITY or State; in exhibition catalogues, books, slides, photographs,
postcards, posters, and calendars; in art magazines, art books and art and
news sections of newspapers; in general books and magazines not
primarily devoted to art; as well as on slides, CDs, DVDs, film strips,
video, computer websites and television.
V. The Artwork may be removed from the Project Site at any time. The
ARTIST and the CITY, acknowledge that the ARTIST may have certain
rights under the federal Visual Artists Rights Act of 1990 (VARA). The
ARTIST acknowledges and understands that the installation of the
artwork at the Project Site may subject the Artwork to destruction,
distortion, mutilation, or other modification due to the acts of third parties
or to its removal, repair, maintenance, storage, or transfer of ownership.
W. In consideration of the mutual covenants and conditions in this
Agreement, and except as otherwise provided for in this Agreement, the
ARTIST agrees to waive any right that the ARTIST may have under
Agreement with for Artistic Design, Fabrication, and Installation Services Page 6 56
(VARA) to prevent the removal of the Artwork, or the destruction,
distortion, mutilation, or other modification of the Artwork which arises
from, is connected with, or is caused or claimed to be caused by the
removal, repair, maintenance, storage, or transfer of ownership of the
Artwork by the CITY or CITY elected officials, officers, employees, agents,
or representatives, or the presence of the Artwork at the Project Site.
X. The ARTIST and CITY acknowledge that the ARTIST may have certain
rights under California Civil Code Section 987 which are not preempted by
VARA. In consideration of the mutual covenants and conditions in this
Agreement, the ARTIST waives any rights which the ARTIST or the
ARTIST'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.
Y. ARTIST's VARA rights under this Agreement shall cease with the
ARTIST's death and do not extend to the ARTIST's heirs, successors or
assigns.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for ARTIST's overall performance of the
Agreement provisions herein above set forth shall be
The individual directly responsible for the CITY shall be the City Manager or
his/her designee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK ARTIST
By
Steven Kueny (type in ARTIST name)
City Manager
ATTEST:
Maureen Benson
City Clerk
Agreement with for Artistic Design, Fabrication, and Installation Services Page 7 57
EXHIBIT A
ARTISTIC DESIGN, FABRICATION, AND INSTALLATION SERVICES
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
The overall design principles for the artwork shall be consistent with the preliminary artist
illustration approved by the City Council on July 20, 2011, except such revisions as may be
approved by CITY for the final art work design. Design fees; travel expenses; all materials
and fabrication costs; lighting and signage (if necessary), insurance costs; site or building
preparation costs; traffic control costs; engineering expenses; shipping, transportation, and
delivery of all art elements to the site; installation; any applicable permit fees and taxes; and
any other expenses related to the design, fabrication, installation, and documentation are all
included for the agreed upon compensation amount in Section I. (Compensation and
Services of this Agreement, and as further described below.
Scope of Work for Artistic Design, Fabrication and Installation Services includes:
• Research, which includes examining the site, reviewing pertinent documents,
meeting with the building's architect, CITY staff, and members of the community
including user groups if required by CITY.
• Creation and submission of final art work design plan for CITY approval, with
dimensions, materials, and site plan location included, consistent with preliminary
proposal submitted for review of CITY's Arts Commission and approved by City
Council.
• If required by CITY, creation and submission of construction documents for CITY
approval prior to initiation of any construction activity, including prior to purchase,
transportation, and delivery of materials.
• Participation in the approval process for construction documents, if necessary.
• Fabrication onsite with a public viewing and participation process to be approved by
CITY prior to initiation of onsite work.
• Installation of all art elements included in final CITY approved art work design plan.
• Submission of documentation images during construction and of final constructed art
work.
• Submission of a recommended maintenance report prior to notice of completion.
• Participation in ribbon-cutting ceremony and/or outreach to press.
• Coordination with CITY staff and representatives, as needed.
The Schedule of Performance is as follows:
To be added prior to execution of Agreement.
The CITY reserves the right to further revise this scope of work prior to execution of
Agreement.
Agreement with for Artistic Design, Fabrication, and Installation Services Page 8 58
Exhibit "B"
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Agreement, ARTIST will
maintain insurance in conformance with the requirements set forth below. ARTIST will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, it will be amended to do so. ARTIST
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to CITY in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to CITY.
ARTIST shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in
addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits shall be no less than $1,000,000 per occurrence for all
covered losses and no less than $2,000,000 general aggregate.
ARTIST's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
Coverage shall be applicable to CITY for injury to employees of ARTIST's,
subcontractors or others involved in the project Policy shall be endorsed to provide a
separate limit applicable in this project.
2. Worker's Compensation on a state-approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000
per accident for all covered losses. ARTIST shall procure and maintain during the
life of the contract, worker's compensation insurance or a valid certificate of
consent to self-insure for all its employees engaged in or at the site of the project;
and in case any of the work is sublet, the ARTIST shall require all subcontractors
to similarly provide worker's compensation insurance for all the latter's
employees unless such employees are covered by protection afforded by
worker's compensation insurance carried by the ARTIST.
Agreement with for Artistic Design, Fabrication, and Installation Services Page 9 59
By submitting a bid pursuant to these specifications, ARTIST hereby certifies that
it is aware of the provisions of Section 3700 et seq. of the Labor Code which
require every employer to be insured against liability for Worker's Compensation.
In the event the Worker's Compensation Insurance submitted by the ARTIST
becomes inoperative any time before the completion of the work, all work shall
immediately cease until a new policy is obtained and any time so lost shall not
entitle the ARTIST to any extension of time. Certificates shall unequivocally
provide at least thirty (30) days written noticed by certified mail to the CITY prior
to cancellation or modification.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less
than $1,000,000 per accident, combined single limit. If ARTIST owns no vehicles,
this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If ARTIST or ARTIST's employees will
use personal autos in any way on this project, ARTIST shall provide evidence of
personal auto liability coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. There shall be no cross
liability exclusion precluding coverage for claims or suits by one insured against
another. Coverage shall be applicable to CITY for injury to employees of
ARTIST, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of CITY following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $1,000,000
per occurrence and aggregate.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Best rating of
A- or better and a minimum financial size VII.
ARTIST and CITY agree as follows:
1. ARTIST agrees to endorse the third party general liability coverage required
herein to include as additional insured CITY, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
ARTIST also agrees to require all contractors, subcontractors, and any one else
involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of CITY to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. CITY, having required that it be named as an
Agreement with for Artistic Design, Fabrication, and Installation Services Page 10 60
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
ARTIST agrees to waive subrogation rights against CITY regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the project(s) contemplated by
this agreement, to do likewise.
3. All insurance coverage maintained or procured by ARTIST or required of others
by ARTIST pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to CITY, or to specifically allow ARTIST or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by ARTIST and CITY that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of CITY or to the supervisory role, if any, of CITY. All
insurance coverage provided pursuant to this or any other agreement (express or
implied) in any way relating to CITY is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving CITY in relation to the project(s) contemplated by this agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to CITY and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the CITY, as the need arises. ARTIST shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) which may affect CITY's protection without CITY's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, at the option of CITY,
shall be delivered to CITY at or prior to the execution of this Contract. In the
event such proof of any insurance is not delivered as required, or in the event
such insurance is canceled at any time and no replacement coverage is
provided, CITY has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay
the premium. Any premium so paid by CITY shall be charged to and promptly
paid by ARTIST or deducted from sums due ARTIST, at CITY option.
8. ARTIST agrees to endorse, and to require others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to CITY and
the appropriate tender prior to cancellation of such liability coverage and notice of
any material alteration or non-renewal of any such coverage, and to require
Agreement with for Artistic Design, Fabrication, and Installation Services Page 11 61
contractors, subcontractors, and any other party in any way involved with the
project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by ARTIST or any subcontractor, is intended to apply first
and on a primary non-contributing basis in relation to any other insurance or self
insurance available to CITY.
10. ARTIST agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by ARTIST, provide the
same minimum insurance coverage required of ARTIST. ARTIST agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. ARTIST agrees that upon request, all agreements with subcontractors
and others engaged in the project will be submitted to CITY for review.
11. ARTIST agrees that all layers of third parry liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
ARTIST agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. ARTIST agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to CITY. If ARTIST's
existing coverage includes a deductible or self-insured retention, the deductible
or self-insured retention must be declared to the CITY. At that time the CITY shall
review options with the ARTIST, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
13. The CITY reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the ARTIST ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the ARTIST, the CITY will negotiate additional compensation
proportional to the increased benefit to CITY.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this agreement.
15. ARTIST acknowledges and agrees that any actual or alleged failure on the part
of CITY to inform ARTIST of non-compliance with any insurance requirement in
no way imposes any additional obligations on CITY nor does it waive any rights
hereunder in this or any other regard.
16. ARTIST will renew the required coverage annually as long as CITY, or its
employees or agents face an exposure from operations of any type pursuant to
Agreement with for Artistic Design, Fabrication, and Installation Services Page 12 62
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until CITY executes a
written statement to that effect.
17. ARTIST agrees to waive its statutory immunity under any workers' compensation
statute or similar statute, in relation to the CITY, and to require all subcontractors
and any other person or entity involved in the project contemplated by this
Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by CITY.
21. ARTIST agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge CITY or ARTIST
for the cost of additional insurance coverage required by this Agreement. Any
such provisions are to be deleted with reference to CITY. It is not the intent of
CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums
or other amounts with respect thereto.
Agreement with for Artistic Design, Fabrication, and Installation Services Page 13 63