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
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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
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)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
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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.
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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-
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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.
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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.
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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
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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