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HomeMy WebLinkAboutCC Resolution 7967 (Falkirk Cultural Center)RESOLUTION NO. 7 9 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT WITH ARTIST ROBERTJ.JONES FOR TEMPORARY PLACEMENT OF A WORK OF ART ON THE GROUNDS OF FALKIRK CULTURAL CENTER (For 2 Years from May 1989- May 1991) 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, Robert J. Jones 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 the City Clerk to sign an agreement with artist Robert J. Jones 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 15th day of May , 1989, by the following vote, to wit: Ayes: Councilmembers: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan Noes: Councilmembers: None Absent: Councilmembers: None v JEANNE M. LEONCINI, City Clerk AGREEMENT BETWEEN CITY OF SAN RAFAEL, AND ROBERT J. JONES THIS AGREEMENT, made and entered into this 15 thday of __Bp Ir between CTTY OF SAN RAFAEL (hereinafter referred to as "CITY", and ROBERT J. JONES, (hereinafter referred to as "JONES"). RECITALS JONES 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 May 1989 May 1991. DESCRIPTION: As per project proposal, attached. I. JONES' COMPENSATION. JONES 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 JONES 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 CTTY securing all necessary permits for the installation. JONES 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 Pro1ceL If JONES 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 CITY prior to commencing the project. 3. PERMITS. CTTY 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. JONES shall commence worldng on the work -of -art upon the execution of this agreement, and his work shall be completed by September 15, 19.89. 5. PERFORMANCE. JONES' services shall be performed to the complete satisfaction of CITY, who shalt 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. E 6. JONES' SERVICES. JONES agrees that he will perform services inchrding but not limited to the following: a Confer with representatives of CITY with regard to matters CITY deans to be pertinent under this agreement b. Design and execute the work -of -art in cooperation with apprentices and subcontractors when necessary. c. JONES shall arrange, pay for and provide all services, labor, materials, =ffolding and equipment, transportation, storage, fees, rentals and all costs and experms required to complete the work -of --art to the complete satisfaction of CTTY. 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, JONES 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, JONES 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 JONES waives any right to repair and the CITY shall cause the necessary repairs to be effected at JONES' expense. 9. RISK OF LOSS. JONES shall bear the full risk of loss of, or damage to, the sculptures until they have been completed, installed, and accepted by City. JONES 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 -0f --art and shall have the right to determine when and if repairs and restorations need to be made, subject to the following conditions: During JONES' lifetime, he shall have the right to approve all repairs and restorations to the work -of -art. If JONES 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 JONES. To the extent practical, JONES 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 JONES agree upon his fee, if any, for such repairs and restorations. JONES agrees to notify City of changes in JONES' address and agrees that failure to do so shall constitute a waiver of JONES' 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 wort 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. JONES is an independent contractor and nothing in this agreement shall be construed as constituting JONES as an employee, agent, or representative of CITY. 13. EVALUATION. After the completion of this project, JONES shall submit a furl evaluation, and appropriate project documentation prior to final payment 3 14. INDENOM Y. During construction, JONES agrees to defend, indemnify, protect, and hold CM and its agents, officers, and employees, harmless from and against any and all claims asserted or liability established for damages or injuries to airy person or property, including injury to JONES' employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the arts or omissions of JONES and his agents, officers or employees, in performing the work or services herein described, and all expenses of investigating and defending against same: provided, however, that JONES' duty to indemnify and hold harmless shall not include any claims or liability arising from the establisised sole negligence or willful misconduct of the CITY, its agents, officers, or employees. 15. RIGHT OF REPRODUCTION. Right of Reproduction of the wort: -of -art is reserved to JONES 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 JONES license is hereby granted to CTTY, 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 JONES. 16. ASSIGNMENT,TRANSFER OR SUBCONTRACTING. A material element of this agreement is the personal skill, judgement and creativity of JONES. Therefore, JONES shall not assign, transfer or subcontract his 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 JONES shall attend. 18. ARBITRATION. All claims or disputes between the City and JONES relating to this Agreement shall be decided by arbitration in accordance with the rules of the American Arbitration Association conducted m 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 LAW. 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. CITY OF SAN RAFAEL Lawrence E. Mulryan Mayor ATTEST V�alr ne Leoncini City Clerk ROBERT J. JONES Date Social Security # 17 �1 "11-) 1 APPROVED AS TO FORM: Gary Ragghianti City Attorney APPRO AS Vaugg��tratford V 4 MN I : Com. Affairs Director 4