HomeMy WebLinkAbout4263RESOLUTION NO. 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
Resolution No. 4263
December 3, 2007
Page 2 of 2
APPROVED AS TO FORM:
~
~ r ' ~
.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 Aubum Golf Course Clubhouse Project, Aubum, Washington; and
WHEREAS, the ARTIST were selected by the CITY through a procedure approved by the
, City of Aubum to design, execute, fabricate, install or supervise installation of a public artwork,
fierein referred to as the °WORK" and located at the Aubum Golf Course Clubhouse Project Public
Art Sife, herein.referred to as the "SITE;"
~ NOVN 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 Aubum Parks, Arfs & Recreation Staff and Aubum 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 equipmenf as necessary for the design, execution,
fabrication, transportation and installation of fhe WORK at the SITE.
1.2 PROJECT
The WORK is divided into finro phases: PhaseJ, related to the WORK design
Exhibit A- Resolution No. 4263
Public Art Agreement - Susan Zoccola
December 3, 2007
Page 1 of 10
•
ProPosal and fnal desi9n P,roPosal aPProval bY the CITY; Phase II, related fo
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 sfudio 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 CI`TY
and the ARTIST.
6. 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 CIIY shall determine when installation is
Exhi6it A- Resotution No. 4263 -
Pu61ic 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 CIT1( 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 fo protecf
the WORK from loss or damage until final acceptance.
1.8 INDEMNIFICATION
The ARTIST ag'ree"s to'indemnify, defend,, and hold the CITY; its agents,
representatives, and ernployees harmless from and against any and all claims,
caases of action or demands or any form of liability of any nature arising ouf of the
perFormance of the WORK and the obligations contained in this Agreement on the
part of the ARTIST, his agents, representatives, and employees excepf whete such
claims arise solely from the negligent acts of the CITY, its agents,'represenfetiVes,
or employees. .
- Exhibit A- Resolution No. 4263 .
Public Ait Agreement - 5usan Zoccola
Decem6er 3, 2007
• Page 3 of 10
,
1.9 TITLE
Title to the WORK shall pass to the CITY upon final accepfance.
1.10 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance; all studies, drawings, designs, and models prepaced'and ;
, .
submitted underthis Agreement shall be returned to the ARTIST and shall belong to
the ARTIST.
1.17 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 thirfy (30) days prior written nofice 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 Certfficate of . ,
Insurance to the CITY prior to commencing performance under theterms 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 thaf 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
Publ'ic Art Agreement - Susan Zoccola
Decem6er 3, 2007
Page 4 of 10
Arficle 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 Agreemenf. All
fees shall be paid in accordance with standard CITY business prac:tices. 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
may be 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 propec 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 shalf 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 CIlY shall give notice to the ARTI$T 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 S. 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 righfs 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 ifs assigns an irrevocable license to make representative
ExhibitA - Resolution No. 4263
Pubfic Art Agreement - Susan Zacola
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 pablications, provided that these rights are exercised in a manner which depicts the integrity of the WORK.
5.2 IVOTICE
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 underthe ARTIST' control of the reproductions of the WORK.
Article S. 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 reyiew 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 REPAIR$ 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 apptoval 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 .
anyrepair ot 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 PERMAfVENT RECORD
The CITY shall maintain on permanent file a record of this Agreement and of the
location and disposition of tlie 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 virith 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 8 of:10
Laurie Rose, Susan Zoccola
. Cuitural Arts Manager 4136 Meridian Ave. N,
City of Auburn Seattle, WA 98103
910 Ninth Street SE
Auburn, WA 98002
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 notiee 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 reasonablywithhold payments to the ARTIST until suchtime as the
exact amount of such damages due the CITY from the ARTIST is determined.
ARTICLE 70. GENERAL PROVISIONS
A. This Agreement may not be changed or modifed 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 ,
Pana 9 nf 1 f1
_ 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. CI U N .
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,
, PETER B. LEWIS, MAYOR
ARTIS
;
SUSAN ZOCCOLA
Tax 6 q T
ATTEST:
Danielle Daskam, City Clerk
AP 6V F RM:
Daniel B. Heid, City Atto y
Exhi6it A- Resolutiorn No. 4263
Public Art Agreement - Susan Zoccola
December 3, 2007 RanP i n nf 1 n
Addendum to Resolution # 4263
TIMEL'INE AND PAYMENT SCHEDULE '
Mid January 2008: Phase 1: 3 or 4 ideas will be presented to staff. Staff and artist will select
one idea to pursue and artist wilF develop a proposal.
• Design & engineering deposit (paid in January with itleas) $5,000
,
February 2008: .
Phase 2: Artist will present completed proposal to City Council
. • Fabricafion deposit after design is approved by Council $10,000
Spring 2008: .
Phase 3: Artist will fabricate artwork and present to Aubum staff prior to
installation. • Fabrication complete & approved by Auburn staff prior to install $10,000
SpringJe~d~ 2008:-
Phase 4: Installation of arlwork will be completed
• Installation complete (fnal paymenf due within 20 days) $4e;666,(or
balance ifithere's extra from 4Cult) ,o
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