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Home My WebLink AboutPW Falkirk Grounds Sculpture; Inter-ArtsCITY, OF Al T RAFAE E P 0 BOX 60 SAN RAFAEL CALIF 94915 PH`:NE 41 51456-' ' SUBJECT: AGREEMENT AGENDA ITEM NO.: 13 MEETING DATE: May %., 1984. AND COTY COUNCOL SCULPTURE ON FALKIRK GROUNDS SUBMITTED BY: SUMMARY/BACKGROUND APPROVED BY Affairs City Manag r DATE: May 2, 1984 As part of its "Small Projects Awards' Inter -Arts of Marin granted $5,000 to sculptor John Roloff to produce a large, ship -shaped, site-specific piece titled "Collision/Lava Ship/Trellis Ship". Roloff, A Guggenheim Fellow currently on the faculty of both Mills College and the San Francisco Art Institute, installed a similar piece at the Oakland Estuary during the International Sculpture Conference in August of 1982. The sculpture is slated for placement near the greenhouse at the top of the Menzies parking lot, an area which up to now has been unused and overgrown. Initial placement of the piece is for a two year period, at which point the piece would either be removed or a new contract would be negotiated for continued placement. The 30 foot long "Lava Ship" is constructed of ceramic fiber placed over a steel frame. The structure is then fired with propane for a period of a few hours causing the entire structure to glow and the ceramic material to transform, when cooled, into a lava -like substance. A second stage consists of another boat intersecting the first one. The"'Trellis Ship" develops naturally, slowly with flowering vines on a trellis. The cooled, dark "Lava -Ship" is divided, then gradually immersed by the second ship. The City's Fire Marshall has reviewed this project and found it safe and given his approval. The project has also been reviewed and endorsed by the Cultural Affairs commission. RECOMMENDATION ADOPT RESOLUTION AUTHORIZING MAYOR TO SIGN AN AGREEMENT WITH INTER -ARTS OF MARIN AND JOHN ROLOFF FOR THE PLACEMENT OF A SCULPTURE ON THE FALKIRK GROUNDS. ---- 6i 'i2 l y ___ _ _ _ _ __________. 'fie...... _________ __ __ _ _ __ _ _ G7? - 7 .. s CITY OF AN RAFAEL FROM:ROUTDate SLIP CITY CLERK 10/5 TO: CITY COUNCIL PURCHASING CITY MANAGER PLANNING PUBLIC WORKS POLICE CITY CLERK FIRE CITY TREASURER\ REC/PARKS CITY ATTORNEY BUILDING FINANCE X LIBRARY PERSONNEL GARAGE ATTENTION OF :Vaughn Stratford 19 S4 ; ACTION CIRCULATE FILE INITIAL AND RETURN PER CONVER- SATION SEE ME DEADLINE INFORMATION SIGNATURE REMARKS: AGREEMENT: j Please return signed Original, I 1 Duplicate Original & 2 copies. Inter -Arts may keep 1 duplicate original, including duplicate original of Resol. #6797. Thank you, JEANNE M RESOLUTION NO. 6797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ALM-IORIZING THE MAYOR TO SIGN AN AGREEMENT WITH INTER-A1ZTS OF MARIN AND SCULPTOR JOHN ROLOFF FOR THE TEMPORARY PLACEMENT OF A SCULPTURE 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 MIEREAS, sculptor, John Roloff, has received a $5,000 grant from Inter -Arts to produce a sculpture titled "Collision/Lava Ship/Trellis Ship"; and WHEREAS, the Cultural Affairs Conunission and City staff have recom Tended that this sculpture be placed on the grounds of Falkirk near the greenhouse for a period of two years; and WHEREAS, this sculpture will enhance the beauty of the Falkirk grounds. NOW, THEREFORE, , BE IT RESOLVED that. the City Counc i 1 of the City of San Raf ae 1 hereby authorize the Mayor to sign the attached agreement with Inter -Arts of Marin and John Roloff for the ter-porary placement of the sculpture, "Collision/Lava Ship/Trellis Ship" on the gruun(_lti of Falkirk. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regular] y introduced and adopted at a regular meeting of the City Council of said City held on Monday the 7-th day of May , 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli , Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : B re fi n e r CO�'ANNI M. LEONCINI City Clerk Non -Profit Corporation for Public Art AGREEMENT BETWEEN INTER -ARTS OF MARIN, JOHN ROLOFF and the CITY OF SAN RAFAEL THIS AGREEMENT, dated May 1, 1984, is made and entered into between INTER -ARTS OF MARIN (hereinafter referred to as "I -A"), a non-profit corporation; JOHN ROLOFF, (hereinafter referred to as "ROLOFF"), and the CITY OF SAN RAFAEL (hereinafter referred to as the "CITY"). RECITALS I -A promotes Public Art Projects by contributing funds for the establishment of works -of -art in public places; and CITY OF SAN RAFAEL has agreed to assume responsibility of ownership of a work of art to be located at 1401 MISSION AVE ; and ROLOFF is an artist who has agrood to rlt�sign and oxocut.e the following work - of -art: TITLE: Collision/Lava Ship/Trellis Ship (For Ivy) DESCRIPTION: Mixed Media MEDIA: Miffed Media I 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 ROLOFF for services performed. 2. FUNDING I -A shall contribute $5,000. 3. ROLOFF'S COMPENSATION The total amount to be paid by I -A to ROLOFF under this agreement for the completed and accepted work -of -art steal 1 be $5,000 in three instal Iments. The first installment of $3,300 will be made upon execution of this agreement. The second installment of $1,200 will be made approximately one month after that date and the f ina 1 insta 1 1 ment of $500 wi 1 1 be paid upon acceptance of the Evaluation Report submitted in accordance with Paragraph 10 of this agreement. 4. INSURANCE The fo 1 1 ow.ing policies of insurance :;ha 1 1 tics kept- in force until completion of the project: a. I -A shall carry a Comprehensive General Liability policy with a limit of $1,000,000 per occurance. At CITY'S request they can be named as an additional insured until completion of the project. The CITY shall pay for any increase of I -A insurance premium; 5. THE TIME OF COMPLETION Upon execution of this agreement, ROLOFF shall commence working on the work -of -art and shat l be completed in 3 months time. 6. EXTENSION OF TIME TO COMPLETE In the event there is a delay caused by conditions beyond ROLOFF's control, or if Acts of God render performance of ROLOFF'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 constitues "beyond ROLOFF'S control." 7. PERFORMANCE ROLOFF's services shall be performed to the complete satis- faction of 1-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. 8. ROLOFF'S SERVICES ROLOFF agrees that he wil 1 perform services including but not limited to the following: 3 a. Confer with representatives of 1-A with regard to any matter I -A deems to be pertinent under this agree- ment. b. Design and execute the work -of -art in cooperation with apprentices and subcontractors when necessary. C. ROLOFF 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 I -A, who shall not unreasonably withhold their approval. 9. INDEPENDENT CONTRACTOR ROLOFF is an independent contractor and nothing in this agreement shall be construed as. constituting ROLOFF as an employee, agent, or representative of I -A or the CITY 10. FINAL EVALUATION ROLOFF sha 1 1 submit to I -A a final evaluati.on of tF�r completion and installation of the work -of -art, which is due prior to final payment. 11. TITLE Upon completion of this project in accordance with the terms of this Agreement, title to the work -of -art sha 1 1 vest in the CITY. 12. INDEMNITY ROLOFF shall, to the fullest extent permitted by law, indrm- nify and hold harmless hoth I -A and thr CITY from and against any and all claims, losses, damages and liability, including reasonable attorney's fees arising from the performance of ROLOFF's services; as used herein, the words "claims, losses, costs, damages, or liability" include, but not limited to, 4 claims, losses, damages resulting from copyright infr.ingement,in- vasion of privacy, misappropriation of ideas or rights, plagiarism and defamation of character. 13. RIGHT OF REPRODUCTION Right of Reproduction of the work -of -art is reserved to ROLOFF who retains the right to obtain and own a copyright sub- ject to the following exception. Af ter a 1 1 payments set forth hereunder have been made to ROLOFF a license is hereby granted to I -A, who shall have the right to use, publicize, graphically reproduce and advertise the work -of -art without the written consent of ROLOFF subject to the following: a. If an a 1 terat i on of any k nd, accidental or intentional, occurs to the work -of -art after it has been completed and installed by ROLOFF, then the work - of -art shall no longer be represented to be the work of ROLOFF without ROLOFF'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. During ROLOFF's 1 ifetime, he steal 1 have the right to approve all repairs and restorations. if ROLOFF fails to approve any repair within sixty day; 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 rep- resented to be the work -of -art of ROLOFF. C. To the extent practical, ROLOFF shall be given the opportunity to make repairs and restorations approved by his provided that the CITY is not held responsible for either travel or living expenses and provided further that the CITY and ROLOFF agree upon his fee, if any, for such repairs and restorations. d. ROLOFF agrees to notify I -A and the CITY of changes in ROLOFF'S address and agrees that failure to do so shall constitute a waiver of ROLOFF's rights under this paragraph. e. I -A and the CITY recognize ROLOFF as creator of the work -of. -art and will instal 1 a sign to this effect as 5 part of the finished installation. f. ROLOFF shall be entitled to receive 10% of any net profit derived from I -A's license. 15. ASSIGNMENT,TRANSFER OR SUBCONTRACTING A material element of this agreement is the personal skill, judgment and creativity of ROLOFF. Therefore, ROLOFF 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. 15. WARRANTY OF QUALITY Upon final acceptance of the work -of -art, ROLOFF warrants that it shall be free of defects in materials and workmanship and that he shall, for a period of one year, correct any such defects at his own expense. Upon written notification of a defect in materials or workmanship, ROLOFF 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 ROLOFF waives any right to repair and I -A shall cause the necessary repairs to be effected, at ROLOFF'S expense. 16. DESTRUCTION OR REMOVAL The work-of-arl 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 ROLOFF and the CITY. If the CITY intentionally or negligently destroys the wo1:k- M of -art before 2 years has elapsed, the CITY shall make a pro -rata reimbursement of I -A's contribution. This contribution will be based on the number of years remaining in minimum life expectancy. 17. MAINTENANCE The CITY agrees to be responsible for the propor cleaniny, maintenance and protection of the work -of -art. 18. RISK OF LOSS ROLOFF steal 1 bear the ful 1 risk of loss of, or damage tu, the work -of -art until the it has been completed, installed, and accepted by I -A. ROLOFF shall take such precautionary measures as are necessary to protect the work -of -art from such loss or damage. 19. DEDICATION I -A and the CITY sha 1 1 sponsor a publ is dedication of the work -of -art at which time ROLOFF shat 1 he roquir(,d to part i- cipate. 20. ENTIRETY OF CONTRACT This writing emhodles 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. 21. MODIFICATION OF AGREEMENT No alteration, change or modification of the terms of this agreement shall be valid unless made in writing and signed by a 1 1 parties hereto. 7 22. GOVERNING LAW This agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of California. 23. ARBITRATION All disputes arising out of this agreement shall be submit- ted to final and binding arbitration. The arbitrator shall he selected in accordance with the rules of the American Arbitration Association. The arbitrator's award shall he final, and judg- ment may be entered upon it by any court having jurisdictian thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove written. ATTEST Jeanne M. Leoncini City Clerk AP E AS F eter Muzi ,r City Attorney V CIT). OF SAN RAFAEL By C G. Lawrence E. Mulryan Title Mayor INTER -ARTS OF' MARIN By 01-1N ROLOFF ROUTING SLIP FOR APPi._JAL OF CONTRACT/AGREEMENTS/ .DIITANCES/RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT/ AGREEMENT/ORDINANCE/RESOLUTION BEFORE APPROVAL BY COUNCIL/AGENCY 13 SRRA/SRCC AGENDA ITEM NO. FROM: VAUGHN STRATFORD Date: May 2, 1984 (_ May 2,-j 9$4— _ _) Originating Department: Lihrary/Cultural Affairs MEETING DATE OF TITLE OF DOCUMENT: 1) AGREEMENT BETWEEN INTER -ARTS OF MARIN, JOHN ROLOFF and the CITY OF SAN RAFAEL 2) RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH INTER -ARTS OF MARIN AND SC ULPT /A J, W�_ l� bepa ment Head JOHN ROLOFF. (Signture) (LOWER HALF OF FORM FOR APPROVALS ONLY) REVILERED BY CITY MANAGER/EXECUTIVE TO: DI CTQ\R\ APPROVED AS TO FORM: APPRO17ED CO CILIA ENCY AGENDA ITEM Ci y At orney (Signature) NOT APPROVED REMARKS: 3/B3CA cc: Finance Director: Attached is one copy of document. Please review for financial impact. HC White- - - - - - -City Clerk's Office with Original Document Green- - - - - - -City Manager's Office w Canary - - - - - -Originating Department " G Pink - - - - - - -Finance Director P Goldenrod- - - - -Preliminary rile Copy -Originating Department H G 3/B3CA Cx0rr'VI e • •- •• • e e•' e • e • • • •e a •e • e •• e • NA' ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ALLEN', BETTINI & CARTER, INC. 1505 Fifth Avenue ETTERNY A St. Paul Insurance Company San Rafael, CA 94902 COMPANY LETTER NAME AND ADDRESS OF INSURED COMPANY %r LETTER � 4 Inter=Arts of Marin meq, COMPANY Or lam- •� 1000 Sir Francis Drake Blvd )y LETTER �d hi s I5 San Anselmo, CA 94960 �• COMPANY Br (� C This is to certify that policies of insurance listed below have been issued to the insured named LETTER 0 above and are in force at this time. I SILty- eJ�— r �— tion of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded b terms, exclusions and conditions of such policies. the COMPANY TYPE OF INSURANCE POLICY NUMBER LETTER POLICY EXPIRATION DATE kll � GENERAL LIABILITY I.o va UL -K4 1 KI COMPREHENSIVE FORM 6 8 8 NB 5 9 2 5 7/16/84 pLJ PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD CD-�CI9'�I. UCTSI COMPLETED RATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY r—� DAMAGE MAY 84 0INOOPENDENT CONTRACTORS 1A•�1 PERSONAL INJURY AUTOMOBILE LIABILITY ❑ COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY ilii G DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE 5 BODILY INJURY AND PROPERTY DAMAGE 3 COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED It is agreed that the City of San Rafael is named additional insured with respect to Art installation for period of May 4/84 to June 30/84 at Falkirk Community Center. Cancellation: Should any of the above described policies be ci,ncelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of San Rafael City Hall San Rafael, CA 94901.01 ACORD 25 (1.79) DATE -ISSUFn- 5/4/84 AVrHORIZED REPRESENTATIVE