HomeMy Public PortalAboutAgreement_2015-01-21 to 2015-06-30_Arthur Mortimer Library MuralAGREEMENT COVER SHEET
Type of Contract
Consultant Services 171 Professional Services ❑ Public Woi ks>�Ither: k4woA--
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Meeting Date of Approval (only If Applicable)
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Date
Contact Information
Name of Company: Amour- Msr+rner
Address: '10141 Arenoso Tr,
Twentinine Palms, CA 922'71
Contact Person: k Nk f, M2/
Phone Number: ` (,o0 84p� a7o
Email: 0,r+y0o ,-6644 ,11,(\ k. hcf
Scope (Type of Project)
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Term of Contract
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Beginning Date Contract Completion Date
Contract Reviewed By
F1 City Manager F-] Department Director ❑ City Attorney [] No Changes to the Template
Administrative Services Director [Other: t4 (✓Iryy
Insurance
❑ Additional Insured Endorsement [J Cancellation Provision ❑ General/Auto/Workman Comp.
Expiration Date: Notes: Insurance• 1s 6 -ill peneltrio
Date
AGREEMENT FOR THE COMMISSION OF ARTWORK
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
ARTHUR MORTIMER,
artist
This Agreement for the Commission of Artwork ("Agreement") is made this 21st day of
January, 2015 by and between the City of Temple City, a California charter city ("City"), and
Arthur Mortimer, an independent contractor ("Artist"). Artist and City may be collectively
referred to hereinafter as the "Parties."
RECITALS
A. City desires to commission a public artwork, specifically a mural for the west -facing
wall of Temple City Library that features notable community events or subject matters from
the 1920s to present day.
B. City adopted Ordinance No. 12-960 which allows for the procurement, commission and
installation of public artworks in Temple City.
C. Artist was recommended by City's Public Arts Commission to execute said artwork
upon formal approval by City's City Council.
D. Artist represents that he is qualified and available to provide such services under this
Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the Parties promise, agree and covenant as follows:
SECTION 1. SCOPE OF WORK
Pursuant to the terms and conditions of this Agreement, Artist is hereby retained to perform all
services necessary for the design and execution, and to provide technical oversight during
installation of the Artwork described more particularly in the Scope of Work attached hereto as
Attachment "A" to this Agreement ("Artwork"). The completed Artwork shall substantially
conform to the description provided by Attachment "A".
SECTION 2. COMPENSATION
City shall pay to Artist an amount not to exceed twelve thousand eight hundred dollars
($12,800) as full compensation for all services to be performed by Artist under this
Agreement. This compensation will be paid in accordance with the Schedule of Payments
provided as Attachment "B" to this Agreement.
SECTION 3. EXECUTION OF ARTWORK
a. Artist shall complete the Artwork in accordance with the Schedule of Performance
provided as Attachment "C" to this Agreement. The schedule may be modified in writing by
mutual agreement of City and Artist.
b. City shall have the right to review the Artwork at reasonable times during the
execution thereof.
C. Artist shall present to City in writing for further review and approval any significant
changes to the Artwork differing from or in substantive nonconformity with the description
provided in Attachment "A." A significant change is any modification in the scope or
design of the artwork, which affects installation, scheduling, site preparation, maintenance
or concept of the Artwork as described in Attachment "A."
SECTION 4. ACCEPTANCE OF THE ARTWORK
a. If Artist installs the Artwork, Artist shall receive written Notice of Completion by City
for the Artwork within 15 days after its completion installation at the site. Any changes or
alterations requested by City shall be conveyed in writing to Artist within the 15 -day
period after completion.
b. If City installs the Artwork, Artist shall receive written Notice of Completion by City for
the Artwork within 15 days after Artist has delivered the Artwork to the City. Any changes
or alterations requested by City shall be conveyed in writing to Artist within the 15 -day
period after delivery of the Artwork and directions.
Once City takes possession of the artworks and issues the Notice of Completion, City and
project contractor are responsible for the condition of the artwork. Any damage caused
during the installation or moving process of the artwork is the responsibility of the City.
SECTION 5. MAINTENANCE AND PRESERVATION OF THE ARTWORK
City shall bear the sole responsibility for and have full discretion in how the Artwork is
maintained and preserved after its acceptance. Nevertheless, Artist shall assist City in the
development of a final written maintenance memorandum for the Artwork.
SECTION 6. RISK OF LOSS
a. If Artist installs the Artwork, the risk of loss or damage to the Artwork shall be bome
by Artist until the Artwork is fully installed, and the Artist shall take such measures as
necessary to protect the Artwork from loss or damage until said time.
b. If City installs the Artwork, the risk of loss or damage to the Artwork shall be bome
by City.
SECTION 7. WARRANTIES
a. Warranties of Title. Artist represents and warrants that: (i) the Artwork is solely the
result of Artist's artistic effort; (ii) except as otherwise disclosed in writing to City, the
Artwork is unique and original and does not infringe upon any copyright; (iii) the Artwork,
or a duplicate thereof, has not been accepted for sale elsewhere; and (iv) the Artwork is
free and clear of any liens from any source whatsoever.
b. Warranties of Quality and Condition. Artist represents and warrants that: (i) the
execution of the Artwork will be performed in a workmanlike manner; (ii) the Artwork, as
fabricated and installed, will be free of defects in material and workmanship, including any
defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of
the Artwork; and (iii) reasonable maintenance of the Artwork will not require procedures
substantially exceeding those described in the maintenance recommendations to be
submitted by Artist to City hereunder. The warranties described in this Section shall survive
for a period of one year after final acceptance of the Artwork. City shall give reasonably
prompt notice to Artist of any observed breach. Artist shall, at City's request and at no cost
to City, reasonably and promptly cure the breach of any warranty which is curable by Artist
and which cure is consistent with professional conservation standards (including, e.g., cure
by means of repair or refabrication of the Artwork).
SECTION 8. INSURANCE
Artist agrees to furnish and keep in full force and effect during term of this Agreement the
following insurance policies:
a. Workers' Compensation. When required by the State Compensation laws, Artist shall
carry Workers' Compensation and Employers' Liability Insurance for all persons employed in
the performance of services set forth herein. Artist shall provide City with a certificate
verifying such coverage or endorsement acceptable to City before commencing services
under this Agreement. Such policy shall require thirty -day (30) notice to City in writing prior
to cancellation, termination or expiration of any kind.
b. Liability (Bodily Injury and Property Damage). Artist shall carry Liability Insurance
(Bodily Injury and Property Damage) in an amount not less than $1,000,000. Artist shall
provide City with certificates verifying such coverage acceptable to City before
commencing services under this Agreement. The certificate must be followed within sixty
(60) days by an endorsement to the insurance policy. Such policy shall require thirty (30) days
notice to City in writing prior to cancellation, termination or expiration of any kind. All
insurance policies shall name City as an additional insured. Such insurance shall be kept in
force until Final Acceptance by City of all installed Artwork designed under this Agreement,
and upon City's issuance of a Notice of Completion.
SECTION 9. OWNERSHIP OF ARTWORK
Ownership of the Artwork shall pass to City upon acceptance.
SECTION 10. OWNERSHIP OF COPYRIGHT
Artist retains rights to copy or reproduce the Artwork and rights under any copyright laws to
which the Artwork may be subject. If a copyright for the Artwork is registered with the
U.S. Copyright Office, Artist shall provide City with a copy of the application, the
registration number and the effective date of the registration. Artist shall grant City and its
successors in interest full use of the completed Artwork for graphical reproduction and
publication in non-commercial uses. Artist further grants City and its successors in interest
the ability to publish photographs for commercial purposes where the Artwork is only
incidental as opposed to the primary subject matter.
Artist shall use his best efforts to give credit to City in any public showing or reproduction
of the Artwork. Artist agrees to provide City one (1) copy of the Artwork's final rendering and
one (1) photograph of the entire completed Artwork in a Jpg format (minimum of 300 dots per
inch), both of which can be used for non-commercial reproduction purposes.
SECTION 11. RIGHT OF ATTRIBUTION AND INTEGRITY
Section intentionally deleted.
SECTION 12. SALE OF ARTWORK
a. City agrees that Artist shall have a right of first refusal if City decides to sell the
Artwork. City shall notify Artist in writing of its intent to sell the Artwork. Artist shall have
thirty (30) days from the date of City's notice of intent to sell to inform City whether Artist
intends on exercising the right of first refusal. If Artist exercises the right of first refusal,
Artist shall have the right to purchase the Artwork at the higher of a) the fee paid to the
Artist by the City as stated in Section 2 of this Agreement; or b) a bona fide offer to
purchase the Artwork, together with all copyright and other rights to the Artwork possessed
by City, made by a third parry.
b. Any sale of the Artwork shall conform to the requirements of Civil Code section
986, as it may be amended from time to time, to the extent Civil Code section 986 is
applicable to the transaction.
SECTION 13. SALES AND USE TAXES
Any sales or use taxes, which may become due and payable in connection with the
Artwork shall be provided by Artist and shall be Artist's sole responsibility. Artist will
indemnify City against any loss, damage or expense in connection with any such tax or
taxes.
SECTION 14. NON-DISCRIMINATION CLAUSE
During performance of this Agreement, Artist certifies and represents that he and any hired
subcontractor hereunder will ensure that, in its employment practices, persons are
employed and employees are treated equally and without regards to or because of race,
color, religion, national origin, sex, age, disability, marital status, sexual
orientation/preference, creed, ancestry, medical condition, Acquired Immune Deficiency
Syndrome (AIDS) — acquired or perceived, or retaliation for having filed a discrimination
complaint.
SECTION 15. INDEPENDENT CONTRACTOR
Artist shall perform all work under this Agreement as an independent contractor and not
as an agent or an employee of City. Artist shall not exercise supervision over any
employee or official of the City.
SECTION 16. MISCELLANEOUS
a. Contract Administration. The administrator for this Agreement shall be City's City
Manager or his designee. Wherever this Agreement requires notice to be given to or by
City, or any determination or action to be made by City, the City Manager or his designee
shall represent and act for City.
b. Compliance With the Law. Artist shall comply with all Federal, State, and City
statutes, ordinances, and regulations applicable to the performance of Artist's services
under this Agreement.
C. Entire Agreement. This writing embodies the entire Agreement and understanding
between the parties hereto. 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.
d. Modification. No alteration, change, amendment, or modification of the terms of this
Agreement shall be valid unless made in writing, signed by both parties hereto, and
approved by appropriate action of City.
e. Waiver. No waiver of performance by either party shall be construed or operate as
a waiver of any subsequent default in the performance of any term, covenant, or condition
of this Agreement. The payment or acceptance of fees for any period after a default shall
not be deemed a waiver of any right or acceptance of defective performance.
f. Governing Law. This Agreement, regardless of where executed or performed, shall be
governed by and construed in accordance with the laws of the State of California.
g. Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit
of City and of Artist and of their respective heirs, personal representatives, successors, and
permitted assigns.
h. Notices. All notices, requests, demands, and other communications required or
permitted under this Agreement shall be in writing and deemed to have been duly given
upon the delivery and receipt thereof, as the case may be, if delivered personally or sent
by certified mail, return receipt requested, postage prepaid, as follows:
CITY
Bryan Cook
City Manager
9701 Las Tunas
ARTIST
Arthur Mortimer
Commissioned Artist
Dr. 70141 Arenoso Tr.
Temple City, CA 91780
Twentynine Palms, CA 92277
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date and year as indicated on the cover page.
CITY
Bryan Cook, City Manager
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
Arthur Mortimer, Commissioned Artist
ATTEST:
J,
Peggy fW6, tity Clerk i _ 22 - Zoe 5�
ATTACHMENT"A"
SCOPE OF WORK
Artist shall provide and coordinate all services related to the Artwork, as specified below
for the execution of an 8' high by 28' wide mural on the west -facing wall of Temple City
Library (5939 Golden West Ave., Temple City, CA 91780).
Task One:
Research, Sketches
a. Artist shall research City provided themes [Exhibit 1] and recommend theme
refinements appropriate for Artwork execution through presentation of at least two
(2) preliminary concepts (in rough sketch form) and one (1) final concept (in an
accurate black and white representation). City, through its Public Arts Commission,
will review the concepts and recommend a final concept for City Council approval.
Task Two:
Final Concept
a. Artist, upon City's approval of the final design concept, shall provide a full color
rendering to scale that accurately depicts how the mural will look upon completion.
The mural shall depict the scene as shown on the approved final design; minor
refinements of the design can be performed upon discretion of Artist, but City's
Public Art Commission must approve any substantial changes.
b. Artist shall provide City with a recommended artwork title and descriptive narrative
appropriate for an identification plaque, as well as offer professional
recommendation on the plaque's placement and installation technique. The
Artwork's title and descriptive plaque narrative is subject to review and approval by
City's Public Art Commission.
Task Three:
Execution/Event Planning
a. Artist shall organize specifics for Artwork execution, which will occur as a "Mural in a
Weekend" or two-day event using the artistic talents of no more than 20 volunteers.
City's Public Art Commission will coordinate volunteer selection using Artist's
desired selection parameters.
b. Artist shall recommend materials and techniques suitable for the Artwork, taking into
account the wall surface on which the mural will be painted, and other relevant
factors, so the Artwork will have a minimum life expectancy of 10 years.
c. City shall provide Artist with a new smooth panel mural surface for the Artwork,
which will be treated with an exterior acrylic primer. Artist shall subsequently
complete grid design and layout of the final mural design at a City -provided location.
d. Artist shall provide City Manager or his designee, via email, a comprehensive list of
supplies and materials for procurement to successfully execute the Artwork and its
associated "Mural in a Weekend" event (e.g., paint, brushes, buckets, rags,
scaffolding, etc.). Artist shall also work with City's Public Art Commission (via City
Manager or his designee) to develop and finalize a day -of -the -event logistical
program.
e. Prior to the "Mural in a Weekend" or similar two-day event, Artist shall premix all
colors for mural painting, and present a workshop (at a City -hosted location) to
advise volunteers on the Artwork project. Artist shall also provide City Manager or
his designee, in advance, sample language for liability releases, to be subsequently
finalized by City and signed by the volunteers.
Task Four:
Day of, and Post -Event
a. Artist shall exercise full control, providing artistic and logistical supervision to
volunteers. Artist will also apply finishing touches to the Artwork, either that weekend
or within a week thereafter, and sign the completed Artwork under the title "Master
Artist."
b. City shall secure all clearances for Artwork execution, including third party use
agreements and closures of the area adjacent to the mural wall.
c. Artist shall provide City, in writing, a recommended material and application
technique that protect the Artwork from ultraviolet rays and other possible hazards.
Artist shall also provide input to City in its development of an Artwork maintenance
memorandum as specified in Section 5 of this Agreement.
FXHIBIT 1
DESIRED ARTWORK THEMES AND DIRECTION
(PER FINAL COMMISSION APPROVAL ON DEC. 3, 2014)
OBJECTIVE
Develop a mural that showcases themes unique to Temple City between the 1920s and
present day.
FEELING/SENSIBILITY
Nostalgic, reflective, recollective, happy, noteworthy, hometown, 'warm fuzzies."'
COMPOSITION
Inspiration:
Romance—An Homage to Maxfield Parrish.
POSSIBLE THEMESZ
Background
Mt. Wilson and Henniger Flats (viewable from Temple City)
Mt. Baldy
Citrus trees
Undeveloped land, tracts (possibly a map)
Chicken coops
Significant Businesses
Wonder Cleaners
Fisher's Drug Store
Ye Loy Chinese Restaurant
McVey's Hardware
Cool's Candies
Sprouse -Reitz Dime Store
Significant Buildings
South Santa Anita School (now Longden Elementary)
1950s Theatre (@ Rosemead/Las Tunas)
Pacific Electric Railway Station (TC Park)
Sanner House/Casa Robles (6355 Oak Ave.)
First Sheriffs Station
Lucky Baldwin House (9676 Lemon St.)
Women's Club
Modern Day
Farmer's Market
Astronaut Steve Lindsey3
"warm fuzzies": A feeling or state of well-being and contentment.
2 Listed in no particular order.
COMMUNITY EXECUTION
Employ a Call to Artists for a two-day community involvement process.
3 Possibly with red rocket climbing structure.
,TTACHMENT "B"
COMPENSATION
Total compensation for all services related to design and execution of the Artwork is
Twelve Thousand Eight Hundred Dollars ($12,800). Payments shall be allocated as
follows; referenced task milestones are defined in Attachment "A" of this Agreement.
• Upon Contract Execution
$4,000.00
• Completion: Tasks 1 and 2 $4,000.00
• Completion: Tasks 3, 4 and per Section 4 of this Agreement $4,000.00
Additionally, City shall pay Artist an amount not to exceed $800 for lodging expenses to
complete Tasks 3 and 4, which will be paid as a reimbursable cost upon Artist's
submittal of receipts to City's satisfaction and approval.
ATTACHMENT"C"
SCHEDULE OF PERFORMANCE
Services of Artist shall commence upon execution of this Agreement by the Parties,
with Task 4, item a. ("Mural in a Weekend" event) to be conducted on or by June 12,
2015 unless otherwise provided by written amendment hereto. Execution and
procurement of the Artwork shall take place via the following phases.
• Completion: Task 1
• Completion: Task 2
• Completion: Task 3
• Completion: Task 4
by February 28, 2015
by April 17, 2015
by May 29, 2015
by June 12, 2015
Artist shall provide services contained in Attachment "A" of this Agreement in a manner
so as to assure expeditious completion in accordance with the purpose of this contract.
Additional days will be allowed for each day of work prohibited by adverse weather
conditions, delays by City, or other causes beyond control of Artist. If necessary, this
schedule of performance may be modified upon written approval by City Manager or his
designee.
The performance of all activities contemplated by this Agreement shall be performed
exclusively by and at cost of Artist, his employees (if any) and subcontractors; all work
will be conducted under supervision of Artist. City shall not provide additional
compensation, payments, goods or services, except as otherwise provided in writing in
this Agreement.