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HomeMy WebLinkAboutITEM VIII-B-3CITY OF ~IUBUi`.lr AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Auburn Golf Course Public Art Commission Date: December 3, 2007 Department: Parks, Arts and Attachments: Resolution No. 4263 Budget Impact: Recreation and Artist Contract Administrative Recommendation: City Council adopt Resolution No. 4263. Background Summary: In May, 2006, a resolution was created that authorized the selection of the Auburn Golf Course Clubhouse as the site for a public art piece in 2007. A site was selected in the northwest landscape area of the Clubhouse. Additionally, a budget of $40,000 was approved for the design, project administration, fabrication and installation of this piece. In order to fast-track this project and develop a smooth selection process, the City of Auburn Cultural Arts staff contracted 4Culture as a consultant for the artist selection process. 4Culture's contract is now complete and City staff will manage the project from this point. Fifty artists were invited to apply for the project; twenty of these artists submitted materials for consideration. 4Culture and Cultural Arts staff moderated a panel comprised of artists, the Clubhouse architect, Arts Commissioners, and representatives from City and Clubhouse staff. After reviewing all eligible applications, the panel selected and interviewed three artists. Seattle artist Susan Zocola was their final recommendation. This artist will work with the City's project team to plan, design, and implement a new work for this site. Susan Zoccola is an award-winning professional artist who has completed many successful public and private art commissions. Staff requests Council to adopt Resolution No. 4263 authorizing the Mayor and City Clerk to contract with Artist Susan Zoccola to provide artistic services for this project. R-1203-1 05.1.3, 04.4.7.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMIT-FEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ®Municipal Serv. ^ Finance ^ Parks ^ Human Services ®Planning & CD ^ Fire ^ Planning ^ Park Board ^Public Works ^ Legal ^ Police ^ Planning Comm. ^ Other Museum Board ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _1_1_ Referred to Until _/_!_ Tabled Until ! / Councilmember: Norman Staff: Faber Meetin Date: December 3, 2007 Item Number: VI11.B.3 AUBURN ~ MORE TI-iAN YOV IMAGINED RESOLUTION N0.4263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ARTIST SUSAN ZOCCOLA TO DESIGN, FABRICATE AND INSTALL A PUBLIC ART COMPONENT FOR THE AUBURN GOLF COURSE CLUBHOUSE PROJECT WHEREAS, the CITY has identified that a public art component in some public works projects is desirable to the citizens of Auburn and the community at large; and WHEREAS, the CITY desires to contract with ARTISTS to design, fabricate and install artwork for the Auburn Golf Course Clubhouse Project in Auburn, Washington; and WHEREAS, the ARTIST was selected by the CITY through a competitive Call for Artists proposals. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute an Agreement with Susan Zoccola. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of the legislation. Section 3. The Resolution shall take effect and be in full force and effect upon passage and signatures hereon. Resolution No. 4263 December 3, 2007 Page 1 of 2 DATED AND SIGNED this day of December, 2007 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~B. He Ity Attorney Resolution No. 4263 December 3, 2007 Page 2 of 2 Resolution No. 4263 Exhibit A AN AGREEMENT FOR ARTWORK This Agreement is made and entered into this day of December, 2007, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington herein referred to as "CITY" and Susan Zoccola, 4136 Meridian Ave. N, Seattle, Washington 98103 (Telephone: 206-548-9917), herein referred to as "ARTIST." WHEREAS, the CITY desires to contract with ARTIST to design, build and install artwork for the Auburn Golf Course Clubhouse Project, Auburn, Washington; and WHEREAS, the ARTIST were selected by the CITY through a procedure approved by the City of Auburn to design, execute, fabricate, install or supervise installation of a public artwork, herein referred to as the "WORK" and located at the Auburn Golf Course Clubhouse Project Public Art Site, herein referred to as the "SITE;" NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: Article 1. SCOPE OF SERVICE 1.1 GENERAL The ARTIST will develop artwork for the SITE working with SITE Project Team and the Auburn Parks, Arts & Recreation Staff and Auburn Arts Commission. The ARTIST is expected to coordinate the design, fabrication and installation with the Golf Course Clubhouse Project Team and the Auburn Parks, Arts & Recreation and Auburn Arts Commission. The ARTIST shall be responsible for all services and furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation and installation of the WORK at the SITE. 1.2 PROJECT The WORK is divided into two phases: Phase I, related to the WORK design Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 1 of 10 proposal and final design proposal approval by the CITY; Phase II, related to execution, fabrication, transportation and installation of WORK. Each phase shall have a defined Scope of Work describing the services provided by the ARTIST and hence the relative compensation to the ARTIST. 1.3 EXECUTION OF WORK The ARTIST shall approach the both Phases of the WORK as described above in accordance with the approved model and/or drawings provided, which will be presented by the ARTIST to the Panel Review Committee for the WORK and which are recommended by the City of Auburn Arts Commission for approval by the Auburn City Council A. The ARTIST shall provide all labor and materials necessary to: 1. Produce and complete a finished work of art; 2. Deliver-the artwork; 3. Install the artwork in accordance with the agreed upon schedule. B. The ARTIST will seek out regular updates from the City on deadlines relevant to the art project. C. The ARTIST shall coordinate the schedule for implementation and completion of studio fabrication with the Auburn Arts Commission and City Project Coordinator . D. The CITY shall have the right to review the WORK at reasonable times during fabrication. E. The WORK shall be completed and installed at the site in compliance City codes and with approved WORK installation schedule by the CITY. 1.3 DELIVERY AND INSTALLATION A. The ARTIST shall deliver and install the completed WORK at the site in compliance with the schedule set forth by mutual agreement by the CITY and the ARTIST. B. The CITY shall approve installation plans presented by the ARTIST prior to installation. C. Site installation shall be prepared by the ARTIST with CITY approval. D. During installation, the ARTIST shall secure the SITE and ensure the safety of the public and the WORK. The CITY shall determine when installation is Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 2 of 10 complete and shall inspect SITE during installation. 1.5 POST-INSTALLATION A. The CITY will provide photo documentation of the WORK for CITY files. The CITY will provide a copy of this documentation to the ARTIST. B. The ARTIST shall be available at such time or times as may be agreed between the CITY and the ARTIST to attend any presentation ceremonies relating to the transfer of the WORK to the CITY. The CITY shall use its best efforts to arrange for publicity for the completed WORK. C. Upon installation of the WORK, the ARTIST shall provide to the CITY written instructions for appropriate maintenance and preservation of the WORK. 1.6 FINAL ACCEPTANCE A. The ARTIST shall advise the CITY in writing when all services required have been completed in substantial conformity to the stated approved proposal for the WORK. B. The CITY shall notify the ARTIST in writing of its final acceptance of the WORK. 1.7 RISK OF LOSS The risk of loss or damage to the WORK shall be borne by the ARTIST until final acceptance, and the ARTIST shall take such measures as are necessary to protect the WORK from loss or damage until final acceptance. 1.8 INDEMNIFICATION The ARTIST agrees to indemnify, defend, and hold the CITY, its agents, representatives, and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature arising out of the performance of the WORK and the obligations contained in this Agreement on the part of the ARTIST, his agents, representatives, and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives, or employees. Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 3 of 10 1.9 TITLE Title to the WORK shall pass to the CITY upon final acceptance. 1.10 OWNERSHIP OF DOCUMENTS, MODELS Upon final acceptance, all studies, drawings, designs, and models prepared and submitted under this Agreement shall be returned to the ARTIST and shall belong to the ARTIST. 1.11 INSURANCE The ARTIST agrees to obtain, and maintain during the term of this agreement comprehensive liability insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence to protect the CITY, its agents, officers, and employees from any claims by any person for damage to persons or property arising out of or resulting from the ARTIST'S performance under this Agreement. The insurance policy shall name the CITY OF AUBURN as additionally insured. The policy shall require a minimum of thirty (30) days prior written notice to the CITY of any cancellation or expiration of the policy or any modification of any provisions of the policy. The ARTIST shall be required to provide a Certificate of Insurance to the CITY prior to commencing performance under the terms of this Agreement. 1.12. INDEPENDENT CONTRACTOR/ASSIGNMENT The parties agree and understand that the ARTIST is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 4 of 10 Article 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE The CITY shall pay the ARTIST for satisfactory completion of Phase I and Phase II of the Scope of Work in the total fixed amount of $35,000, which shall constitute full compensation for all services, engineering permits and materials to be performed and furnished by the ARTIST under this Agreement. All fees shall be paid in accordance with standard CITY business practices. At each fee/fabrication Phase outlined above, the ARTIST will submit a brief written report, which describes the progress to date, and invoice the CITY at that time. 2.2 Taxes The ARTIST is responsible for payment of all local, state, and federal taxes, which maybe due from his work as a result of performance under this contract. ARTIST understand that taxes are included in the agreed upon fee of $35,000 (Thirty Thousand and No/100s Dollars). 2.3 ARTIST EXPENSES The ARTIST shall be responsible for the payment of all shipping charges, the costs of transporting the WORK to the SITE, the costs of all travel by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this Agreement, and all other expenses related to the performance of this Agreement. Article 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the ARTIST shall be completed in accordance with the schedule for completion of the WORK as proposed by the ARTIST and approved by the CITY provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY. Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 5 of 10 ARTICLE 4. WARRANTIES 4.1 WARRANTIES OF TITLE The ARTIST represents and warrants that: (a) the WORK is solely the result of the artistic effort of the ARTIST; (b} except as otherwise disclosed in writing to the CITY, the WORK is unique and original and does not infringe upon any copyright; (c) the WORK has not, or a duplicate thereof has not, been accepted for sale elsewhere; and (d) the WORK is free and clear of any liens from any source whatever. 4.1 WARRANTIES OF QUALITY AND CONDITION The ARTIST represents and warrants, except as otherwise disclosed to the CITY in writing and in connection with submission of the Proposal, that the execution and fabrication of the WORK will be performed in a workmanlike manner; and the WORK as fabricated and installed, will be free of defects in material and workmanship; and reasonable maintenance of the WORK will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the ARTIST. The warranties described in this section shall survive for a period of three (3) years after the final acceptance of the WORK. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards. Article 5. REPRODUCTION RIGHTS 5.1 GENERAL The ARTIST retains all rights under the Copyright Act of 1976 and all other rights in and to the WORK except ownership and possession and except as such rights are limited by this Section. In view of the intention that the WORK in its final dimension shall be unique, the ARTIST shall not make any additional exact duplicate, three- dimensional reproductions of the final WORK nor shall the ARTIST grant permission to others to do so except with the written permission of the CITY. The ARTIST grants to the CITY and. its assigns an irrevocable license to make representative Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 6 of 10 photographic reproductions of the WORK for non-commercial purposes, including but not limited to reproductions used in brochures, media publicity, note cards, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the WORK. 5.2 NOTICE All reproductions by the CITY shall contain a credit to the ARTIST in the following form: "Title," 2008, Susan Zoccola 5.3 CREDIT TO THE CITY The ARTIST shall use his best efforts to give a credit reading substantially, "An original WORK owned and commissioned by the City of Auburn, Washington" in any public showing under the ARTIST' control of the reproductions of the WORK. Article 6. ARTIST'S RIGHTS 6.1 IDENTIFICATION The CITY will provide a plaque to be delivered to the ARTIST prior to installation. The ARTIST shall provide to the CITY, for review and approval, specified plaque dimensions six (6) weeks prior to the installation. The plaque shall be installed by the ARTIST simultaneously with the WORK. 6.2 MAINTENANCE The CITY recognizes that maintenance of the WORK on a regular basis is essential to the integrity of the WORK. The CITY shall make reasonable efforts to assure that the WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in the maintenance agreement and shall make reasonable efforts to protect and maintain the WORK against the ravages of time, vandalism, and the elements. 6.3 REPAIRS AND RESTORATION The CITY shall have the right to determine when and if repairs and restorations to the WORK will be made. The ARTIST shall not unreasonably withhold approval for any repair or restoration of the WORK. If the ARTIST unreasonably fails to approve Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 7 of 10 any repair or restoration, the CITY shall have the right to make such repair or restoration. 6.4 ALTERATION'/ MODIFICATION OF THE WORK OR OF THE SITE A. The City reserves the right to modify or relocate the WORK. B. The CITY agrees that it will contact the ARTIST and advise him/her of such changes it deems necessary. C. Nothing in this section shall preclude any right of the CITY to remove the WORK from public display. 6.5 PERMANENT RECORD The CITY shall maintain on permanent file a record of this Agreement and of the location and disposition of the WORK. 6.6 ARTIST ADDRESS The ARTIST shall notify the CITY of changes in his address. The failure to do so within 30 days of said change, if such failure prevents the CITY from locating or notifying the ARTIST where required under the terms of this Agreement, shall be deemed a waiver by the ARTIST of the right subsequently to enforce those provisions of this Article 6 that require the express approval of the ARTIST. ARTICLE 7. NON-DISCRIMINATION The ARTIST shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 8. NOTICES Any notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007 Page 6 of 10 Laurie Rose, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 Susan Zoccola 4136 Meridian Ave. N, Seattle, WA 98103 Either party may, by like notice at any time, designate a different address to which notices shall be set. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 9 TERMINATION If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner or otherwise violate any form of the covenants, agreements, or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, models, and other work products under this Agreement shall become the CITY's property. The CITY shall compensate the ARTIST for all work as performed prior to termination. Notwithstanding, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the ARTIST and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. ARTICLE 10. GENERAL PROVISIONS A. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. B. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. Resolution 4263 -Exhibit A Public Art Agreement -Susan Zoccola December 3, 2007 C. The non-prevailing party agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the substantially prevailing party in enforcing the provision of this Agreement. D. In the performance of the WORK, the ARTIST agrees to comply with all applicable state and local laws, rules, and regulations. CITY OF AUBURN PETER B. LEWIS, MAYOR ARTIST SUSAN ZOCCOLA Tax #: ATTEST: Danielle Daskam, City Clerk APB~bV1T0 FARM: Daniel B. Heid, City Exhibit A -Resolution No. 4263 Public Art Agreement -Susan Zoccola December 3, 2007