HomeMy WebLinkAboutCC Resolution 7790 (Falkirk Cultural Center)RESOLUTION NO. 7790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN AN AGREEMENT WITH ARTIST HEATHER
McGILL FOR TEMPORARY PLACEMENT OF A WORK OF
ART ON THE GROUNDS OF FALKIRK CULTURAL CENTER
(For 2 Years from September 1988 -September -1990)
WHEREAS, Falkirk Cultural Center provides the citizens of
San Rafael with a rich and varied program of cultural activities
including public works of art; and
WHEREAS, the National Endowment for the Arts has made a
grant available to -Falkirk for an Art -In -Public -Places project
called the "Garden Project"; and
WHEREAS, Heather McGill was one of three artists chosen by
a selection panel convened for the "Garden Project" to construct a
work of art on the grounds of Falkirk Cultural Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Rafael hereby authorizes the Mayor and City Clerk to
sign an agreement with artist Heather McGill for temporary placement
of an outdoor sculpture on the grounds of Falkirk Cultural Center.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City the FIRST day of AUGUST , 1988, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
JE M. LEONCI , City Clerk
0R,1V,1NA1
AGREEMENT BETWEEN CITY OF SAN RAFAEL,
AND HEATHER MCGILL
THIS AGREEMENT, made and entered into this 1st day
of Auqust, 1988 between CITY OF SAN RAFAEL (hereinafter
referred to as "CITY", and Heather McGill, (hereinafter
referred to as McGill).
RECITALS
MCGILL is an artist who has agreed to design and
execute the following work -of -art to be located at FALKIRK
CULTURAL CENTER, CITY OF SAN RAFAEL from September 1988 -
September 1990.
TITLE:
DESCRIPTION: As per project proposal, attached.
1. MCGILL'S COMPENSATION. MCGILL shall be paid an
honorarium of $400 for the proposal and $600 for the work of
art; $400 of this amount will be paid upon execution of this
contract, and the remainder upon submission of the Final
Form in accordance with Paragraph 11.
In addition, CITY shall compensate MCGILL up to $3,000
for materials. $500 of this amount shall be paid upon
execution of this contract, with an additional $2,000 being
advanced upon CITY securing all necessary permits for the
installation. MCGILL will provide CITY with receipts or
other documentation of the cost of materials. The final
payment of remaining materials fund ($500) and artist's fees
($600) will be made after the artwork has been completed,
and upon completion of the final Evaluation Form and
Expenditure Sheet.
2. INSURANCE. The following insurance policies shall be
kept in force until completion of the project:
If MCGILL is or will be an employer, she shall carry
and maintain, at her own expense, statutory Workers'
Compensation Insurance. The amount of coverage and the
insurance carrier shall be approved by CITY prior to
commencing the project.
COPY
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3. PERMITS. CITY is responsible for obtaining all necessary
permits and/or written permission for use of the site where
the artwork will be located. Work may not begin on the site
until all necessary permits are secured.
4. THE TIME OF COMPLETION. MCGILL shall commence working on
the work -of -art upon the execution of this agreement, and
her work shall be completed by October 16th, 1988.
5. PERFORMANCE. MCGILL'S services shall be performed to the
complete satisfaction of CITY, who shall not unreasonably
withhold its approval. CITY reserves the right to withhold
payment if at any time the work is declared to be
unsatisfactory. If the matter is not resolved in 30 days
from written notice of dissatisfaction, the agreement shall
be terminated and the matter submitted to arbitration.
No significant deviations or changes from the accepted
final design as presented in the project proposal may be
made without the prior written consent of CITY.
6. MCGILL'S SERVICES. MCGILL agrees that she will perform
services including but not limited to the following:
a. Confer with representatives of CITY with regard to
matters CITY deems to be pertinent under this
agreement.
b. Design and execute the work -of -art in cooperation
with apprentices and subcontractors when necessary.
c. MCGILL shall arrange, pay for and otherwise
provide all services, labor, materials, scaffolding
and equipment, transportation, storage, fees,
rentals and all costs and expenses required to
complete the work -of -art to the complete
satisfaction of CITY, who shall not unreasonably
withhold their approval.
7. OWNERSHIP OF WORK OF ART. Upon completion of the work
of art and final acceptance by the CITY, the CITY shall own
the work of art.
8. WARRANTY OF QUALITY. Upon final acceptance of the work
of art by the CITY, MCGILL warrants that it shall be free of
defects in materials and workmanship and that she shall, for
a period of one year, correct any such defects at her own
expense. Upon written notification of a defect in materials
or workmanship, MCGILL shall have 60 days to commence
repairs and shall conclude them within a reasonable time.
If the repairs are not commenced or completed within this
time frame MCGILL waives any right to repair and the CITY
shall cause the necessary repairs to be effected at MCGILL'S
expense.
9. RISK OF LOSS. McGill shall bear the full risk of loss
of, or damage to, the sculptures until they have been
completed, installed, and accepted by City. McGill shall
take such precautionary measures as are necessary to protect
the work -of -art from such loss or damage.
10. MAINTENANCE. The City has the obligation to maintain
the work -of -art and shall have the right to determine when
and if repairs and restorations need to be made, subject to
the following conditions:
During McGill's lifetime, she shall have the right to
approve all repairs and restorations to the work -of -art. If
McGill fails to approve any repair within 30 days from
receipt of written notice from the City, the City shall
have the right to make such repair or restoration provided
that the work -of -art is not thereafter represented to be the
work -of -art of McGill.
To the extent practical, McGill shall be given the
opportunity to make repairs and restorations approved by her
provided that the City is not held responsible for either
travel or living expenses and provided further that the City
and McGill agree upon her fee, if any, for such repairs and
restorations.
McGill agrees to notify City of changes in McGill's address
and agrees that failure to do so shall constitute a waiver
of McGill's rights under this paragraph.
11. DESTRUCTION OR REMOVAL. The work of art has a minimum
life expectancy of 2 years during which time the CITY agrees
not to move, or destroy the work of art. After two years of
time the piece will be evaluated on an annual basis to
evaluate the condition of the work of art. If determined
unsightly or unsafe the city can cause and assume the cost
for the removal and disassembly of the piece.
12. INDEPENDENT CONTRACTOR.
contractor and nothing in
as constituting MCGILL as
representative of CITY.
13. EVALUATION. After the
MCGILL shall submit a final
project documentation prior
MCGILL is an independent
this agreement shall be construed
an employee, agent, or
completion of this project,
evaluation, and appropriate
to final payment.
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14. INDEMNITY. During construction, MCGILL agrees to
defend, indemnify, protect, and hold CITY and its agents,
officers, and employees, harmless from and against any and
all claims asserted or liability established for damages or
injuries to any person or property, including injury to
MCGILL'S employees, agents or officers which arise from or
are connected with or are caused or claimed to be caused by
the acts or omissions of MCGILL and her agents, officers or
employees, in performing the work or services herein
described, and all expenses of investigating and defending
against same; provided, however, that MCGILL'S duty to
indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or
willful misconduct of the CITY, its agents, officers, or
employees. City has ownership of the work of art after all
payments are made, and will indemnify the piece thereafter.
15. RIGHT OF REPRODUCTION. Right of Reproduction of the
work -of -art is reserved to MCGILL who retains the right to
obtain and own a copyright subject to the following
exception.
After all payments set forth hereunder have been made
to MCGILL license is hereby granted to CITY, who shall have
the right to use, publicize, graphically reproduce and
advertise the work -of -art for non-commercial purposes
without the written consent of MCGILL.
16. ASSIGNMENT,TRANSFER OR SUBCONTRACTING. A material
element of this agreement is the personal skill, judgement
and creativity of MCGILL. Therefore, MCGILL shall not
assign, transfer or subcontract her creative and artistic
expertise pertaining to the work -of -art without the prior
written consent of CITY.
17. OPENING. CITY shall sponsor a public opening of the
installation or performance which MCGILL shall attend.
18. ARBITRATION. All claims or disputes between the City
and MCGILL relating to this Agreement shall be decided by
arbitration in accordance with the rules of the American
Arbitration Association conducted in Marin County under the
laws of the State of California. The decision of the
arbitrator shall be final and binding on the parties. In
interpreting the provisions of this Agreement, the
arbitrator may make an award of costs and fees, including
attorney's fees necessitated by arbitration.
19. ENTIRETY OF CONTRACT. This writing embodies the entire
agreement and understanding between the parties hereto and
there are no other agreements and understandings, oral or
written, with reference to the subject matter hereof that
are not merged herein and superseded hereby.
20. MODIFICATION OF AGREEMENT. No alteration,, change or
modification of the terms of this agreement shall. be valid
unless made in writing and signed by all parties hereto.
21. GOVERNING LAVA. This agreement, regardless of where
executed, shall be governed by and construed according to
the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date herein above written.
Y OF SAN RAFAEL ATTEST
Lawrence E. Mulryan 49dn-rle M. Leon`cini
Mayor City Clerk
HEATHER MCGILL
DateILL�Social Security # ��,55- .7 S-'7/ &-6
APPROVED AS TO FORM:
Gary T. Ragghi:xnti
'fir its torney
i
APPROV D AS 1 C ENT:
Vau _ Stratfo d/
Cul u al Affai Director
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