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HomeMy WebLinkAboutCC Resolution 7054 (Falkirk Art)RESOLUTION 7054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH INTER -ARTS OF MARIN AND ARTIST, RUDY LEMCKE, FOR THE TEMPORARY PLACEMENT OF A WORK -OF -ART ON THE GROUNDS OF FALKIRK WHEREAS, Inter -Arts of Marin promotes Public Art Projects by contributing funds for the establishment of works - of -art in public places; and WHEREAS, Artist, Rudy Lemcke, has received a $5,000 grant from Inter -Arts to produce a work -of -art titled "Phases of the Moon": and WHEREAS, The Cultural Affairs Commission and City staff have recommended that this work -of -art be placed on the grounds of Falkirk for a period of two years; and WHEREAS, this work -of -art will enhance the beauty of the Falkirk grounds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Mayor to sign an agreement with Inter -Arts of Marin and artist, Rudy Lemcke, for the temporary placement of the work -of -art, "Phases of the Moon" on the grounds of Falkirk. I, JEANNE M. LEONCINI, City 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 City Council of said City held on Monday. the 4th day of March 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom &Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Jea e M. Leoncini, City Clerk lb ..1tt OF r �.i i fa� ` 4r�• MARIN A Non -Profit _'orporation for Public Arf AGREEMENT BETWEEN INTER -ARTS OF MARIN, RUDY LEMCKE and the THE CITY OF SAN RAFAEL THIS AGREEMENT, dated February 19, 1985, is made and entered into between INTER -ARTS OF MARIN (hereinafter referred to as "I- A"), a non-profit corporation; RUDY LEMCKE, (hereinafter referred to as "LEMCKE"), and the THE CITY OF SAN RAFAEL (hereinafter referred to as the "THE CITY"). RECITALS I -A promotes Public Art Projects by contributing funds for the establishment of works -of -art in public places; and THE THE CITY has agreed to allow temporary installation of a work of art to be located at 1408 MISSION, SAN RAFAEL; and LEMCKE is an artist who has agreed to design and execute the following work - of -art: ork-of-art: TITLE: "PHASES OF THE MOON" DESCRIPTION: A rock pathway composed of 30 sets of 12 sones and seven large boulders. DIMENSIONS: Approximately 200 feet long. MEDIA: Rocks 1 )0 'Sir (roncls Drake E ivo , ?'Om Anselri"o, CA. 04960 (,,11 5) 457-9744L . ;Opy IT IS THEREFORE AGREED: 1. MANAGEMENT I -A shall have the exclusive responsibility for managing all aspects of financial planning, budget control and payment to LEMCKE for services performed. 2. FUNDING I -A shall contribute not more than $5,000.00 to LEMCKE. 3. LEMCKE'S COMPENSATION LEMCKE shall be paid an honorarium of $800 by Inter -Arts to execute the work of art; half of this amount will be paid upon execution of this contract, and the remainder upon submission of the final Evaluation Form in accordance with paragraph 10. In addition, Inter -Arts shall compensate LEMCKE up to $4,000 for materials. Half of this amount shall be paid upon execution of this contract. LEMCKE agrees to submit sales receipts to I -A for expenditure of these funds as well as a properly completed Expenditure Sheet. I -A will reimburse LEMCKE for additional expenditures in excess of $2,000 but not to exceed $4,000 upon completion of the project and upon receipt of properly completed sales receipts, Expenditure Sheet, and Final Evaluation Form. 4. INSURANCE The following policies of insurance shall be kept in force until completion of the project: a. I -A shall carry a Comprehensive General Liability 2 policy with a limit of $1,000,000 per occurance. At THE CITY'S request they can be named as an additional insured until completion of the project. b. If LEMCKE is or will be an employer, he shall carry and maintain, at his own expense, statutory Workers' Compensation Insurance. The amount of coverage and the insurance carrier shall be approved by I -A and the THE CITY prior to commencing the project. 5. THE TIME OF COMPLETION LEMCKE shall commence working on the work -of -art upon the execution of this agreement, and his work shall be completed in 4 months time. 6. EXTENSION OF TIME TO COMPLETE In the event there is a delay caused by conditions beyond LEMCKE's control, or if Acts of God render performance of LEMCKE's duties impossible, I -A may grant a reasonable extension of time to complete the work -of -art. I -A shall be the sole judge of what constitutes "beyond LEMCKE'S control." 7. PERFORMANCE LEMCKE's services shall be performed to the complete satis- faction of I -A who shall not unreasonably withhold their approval. I -A reserves the right to withhold payment if at any time the work is deemed 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 arbit- ration as provided in Paragraph 23. No deviations from the accepted final design as presented in the project proposal will be permitted without the prior written consent of I -A. 3 8. LEMCKE'S SERVICES LEMCKE agrees that he will perform services including but not limited to the following: a. Confer with representatives of I -A with regard to any matter I -A deems to be pertinent under this agreement. b. Design and execute the work -of -art in cooperation with apprentices and subcontractors when necessary. C. LEMCKE shall arrange, pay for and otherwise provide all services,labor, materials, scaffolding, equipment, transportation, storage, fees, rentals and all costs and expenses required to complete the work -of -art to the complete satisfaction of I -A who shall not unreasonably withhold their approval. 9. INDEPENDENT CONTRACTOR LEMCKE is an independent contractor and nothing in this agreement shall be construed as constituting LEMCKE as an employee, agent, or representative of I -A or the THE CITY 10. FINAL EVALUATION LEMCKE shall submit to I -A a final evaluation after completion and installation of the work -of -art, which is due prior to final payment. 11. INDEMNITY LEMCKE shall, -to the fullest extent permitted by law, indem- nify and hold harmless both I -A and the THE CITY from and against any and all claims, losses, damages and liability, including reasonable attorney's fees arising from the performance of LEMCKE's services; as used herein, the words "claims, losses, costs, damages, or liability" include, but not limited to, claims, losses, damages resulting from copyright infringement,in- 4 vasion of privacy, misappropriation of ideas or rights, plagiarism and defamation of character. 12. RIGHT OF REPRODUCTION Right of Reproduction of the work -of -art is reserved to LEMCKE who retains the right to obtain and own a copyright sub- ject to the following exception. After al l payments set forth hereunder have been made to LEMCKE license is hereby granted to I -A, and THE CITY who shal 1 have the right to use, publicize, graphically reproduce and advertise the work -of -art without the written consent of LEMCKE subject to the following: a. If an alteration of any kind, accidental or intentional, occurs to the work -of -art after it has been completed and installed by LEMCKE, then the work - of -art shat l no longer be represented to be the work of LEMCKE without LEMCKE'S written consent. b. THE CITY shall have the right to determine when and if repairs and restorations to the work -of -art will be made. LEMCKE shall have the right to approve all repairs and restorations. If LEMCKE fails to approve any repair within sixty 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 LEMCKE. C. To the extent practical, LEMCKE shall be given the opportunity to make repairs and restorations approved by him provided that THE CITY is not held responsible for either travel or living expenses and provided further that THE CITY and LEMCKE agree upon his fee, if any, for such repairs and restorations. d. LEMCKE agrees to notify I -A and THE CITY of changes in LEMCKE'S address and agrees that failure to do so shall constitute a waiver of LEMCKE's rights under this paragraph. 5 e. I -A and THE CITY recognize LEMCKE as creator of the work -of -art and will install a sign to this effect as part of the finished installation. f. LEMCKE shall be entitled to receive 10% of any net profit derived from I -A's license. 13. ASSIGNMENT,TRANSFER OR SUBCONTRACTING A material element of this agreement is the personal skill, judgment and creativity of LEMCKE. Therefore, LEMCKE shall not assign, transfer or subcontract his creative and artistic expertise pertaining to the work -of -art without the prior written consent of I -A. 14. WARRANTY OF QUALITY Upon final acceptance of the work -of -art, LEMCKE warrants that it shall be free of defects in materials and workmanship and that he sha 1 1 , for a period of two years, correct any such defects at his own expense. Upon written notification of a defect in materials or workmanship, LEMCKE 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 LEMCKE waives any right to repair and THE CITY shall cause the necessary repairs to be effected, at LEMCKE'S expense. 15. 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. At the end of the two year period, any extension, maintenance, removal, or elaboration of the existing piece will be subject to an agreement between LEMCKE and THE CITY. 11 If THE CITY intentionally or negligently destroys the work of art before 2 years has elapsed, THE CITY sha 1 1 make a pro -rata reimbursement of I -A's contribution. This contr;hni-inn wi 1 i },o based on the number of years remaining in minimum life expectancy. 16. MAINTENANCE LEMCKE agrees to check the sculpture site every six months during the 2 year period and make any repairs necessary for that period of time. 17. RISK OF LOSS LEMCKE sha I l bear the fu l l risk of l oss of, or damage to, the work -of -art until it has been completed, installed, and accepted by I -A. LEMCKE shall take such precautionary measures as are necessary to protect the work -of -art from such loss or damage. 18. DEDICATION I -A and THE CITY steal l sponsor a public dedication of the work -of -art at which time LEMCKE shall be required -to parti- cipate. 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 7 agreement shall be valid unless made in writing and signed by all parties hereto. 21. GOVERNING'LAW This agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of California. 22. ARBITRATION All disputes arising out of this agreement shall be submit- ted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final, and judge- ment may be entered upon it by any court having jurisdiction thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove written. ATTEST anne M. L one i City Clerk APPROVED AS TO FORM: By_A)Z__—_ 11 _ C---_3'C�L City Attorney THE _TTY OF SAN RAFAEL B91> �G Lawrence E. r:iulry• n Title mayor INTER- TS M RIN By Title i i�`t •� ' `� ��� �" .r• .Y �i dw.,�' k .:. .^. r7 '� 1 ��• ,.,�� , e..� `d�.F r. 4 ,,��c�;, 'z `e�,'� ,l �T ?.. �,; F4�' � e ��-�y^a iF �. � �Y- r:- ... vH �.'k,,.'1•ye''��r�r�'�lirh� a il AV, 14 ZY _ j 1 _ ra` �,���, ;x�": ", IIx . , � :.7a. �����' :s• y�' '.;�' i � c. J r'•sy i,r.:,E� yval - ^t,. �4. - .V, .::.-e AJiill •fir e. �{. F R i.l 1. A �,r �t a+z•.M 11 ^�' f: 1 "��. �. '3:.� 1 •t,f .r. J' T Y :'�.. �.f ,. �� 7 l T w� ��.�� .1��-'.•' �.. re 1 ,� .3• "�fy �'Ff�ie �A '��•: ifl;�� A �i `�� .. = {r�.L'?:[' R.. 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', : �.� c.'� S�.Y-f r..if.�._..`:..._...-,..._�•:� ! f z� i fie, :�•,J _ �• �{�k.: •e �:'ya�.l�...�.�.:.4:-"�- -- - - -�..... -:: rs: fh. �-�: y,T�.; _r.: iy'l c�:i`,., ..i-._ %'yea• ".�;t, j "y +,?Ar^a=� RUDY LEMCKE LA ti! ® SUN GALLERIES 56 KISSLING STREET SAN FRANCISCO CALIFORNIA 94103 415 626 1 159 EDUCATION University of Louvain, Belgium, Baccalauriate in Philosophy 1970-74 SELECTED EXHIBITIONS 1984 "Garden", an installation with video, Lawson Galleries, San Francisco, CA 1983 "Winter Invitational", Temporary Rolando Castellon Gallery, San Francisco, CA 1983 "Sculpture Summer 183", Lawson Galleries, San Francisco, CA 1983 Mission Cultural Center, San Francisco, CA, Group Exhibition 1982 "The Visions of St. Theresa/Songs for the Subconscious". An Audio work aired on KUSF Radio at the University of San Francisco, CA 1982 Rolando Castellon Gallery, San Francisco. Group exhibition 1982 P.S.I. Long Island City, New York, Group exhibition 1982 California Environmental School of Design, University of California, Berkeley, Group exhibition 1982 Southern Exposure Gallery, San Francisco, Group exhibition 1981 San Francisco Open Studios, Juried Exhibition, Juror: Suzaan Boettger 1980 Southern Exposure Gallery, San Francisco, One Person exhibition 1979 Contemporary Arts Center, New Orleans, "Photography Annual", Juried Exhibition, Juror: Judy Dater. Firs'. Place in Non- traditional use of photography 1978 University of New Orleans, "Performance Sculpture", Two person exhibition 1978 Contemporary Arts Center, New Orleans, "Five Aerial Sculptures", Invitational Exhibition 1978 Diversity Gallery, New Orleans, One person. exhibition 1977 Contemporary Arts Center, New Orleans, "Louisiana Environ- ments", Invitational Group exhibition 1977 New Space Gallery, New Orleans, Group exhibition