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HomeMy WebLinkAboutD-1 Staff Report - Azusa Mural Program and Azusa CityLibrary MuralSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: FEBRUARY 18, 2020 SUBJECT: ADOPT THE AZUSA MURAL PROGRAM GUIDELINES AND REQUIREMENTS AND RELEASE THE CALL FOR ARTIST FOR THE AZUSA CITY LIBRARY MURAL BACKGROUND: The City received a donation in the amount of $1,000 from Azusa Beautiful to establish a Mural Program, which shall be called Azusa Mural Program. The Project proposes to commission local artist(s) to create murals around the City. A number of cities throughout Southern California have adopted similar programs. In several of these cities, including Los Angeles, Glendale, Burbank, and West Hollywood, the project is coordinated by an arts commission or committee. The Program would be open to local and regional professional artists, professional artist teams and arts organizations that live, work or operate in Azusa or the greater Los Angeles Area. The Art in Public Places Commission held a meeting on Wednesday, February 5, 2020 at the Azusa Light and Water Building Conference Room at 7:00 PM. The Commission recommended approval of the Azusa Mural Program Guidelines and Requirements and Release the Call for Artist for the Azusa City Library Mural Project. RECOMMENDATION: Staff recommends that the City Council hold a public hearing and adopt the following: 1.Approve Resolution No. 2020-C05 to approve the Guidelines and Requirements for the Azusa Mural Program; and 2.Release the Call for Artist for the Azusa City Library Mural Project. APROVED CITY COUNCIL 2/18/2020 Azusa Mural Program and Azusa City Library Mural February 18, 2020 Page 2 DISCUSSION: Azusa Mural Program Guidelines and Requirements The City would like to design a program to support public art programs and to enhance the community and neighborhoods through the use of murals. The Azusa Mural Program, would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. The program goal is to bring beauty to unexpected places. This program will act as a form of economic development for the City. The murals will complement the City facilities and help to revitalize certain areas in the City. The City would create a Mural Tour brochure once more murals have been established the City. The following are five ways a community can improve by having a mural program: 1. Promote interaction in public spaces; 2. Increase civic participation through celebrations; 3. Engage youth in the community; 4. Promote the power and preservation of place. The Azusa Mural Program Guidelines and Requirements and Call for Artist will set the framework for reviewing all mural projects. Both documents will also aid the Art in Public Places Commission when approving mural projects. Azusa City Library Mural Project After careful analysis of all existing City facilities, Azusa Beautiful and City staff agreed Azusa City Library would be the ideal location for the first commissioned mural from the Art in Public Places Commission. This mural will be the catalyst for mural projects in Downtown Azusa. The City currently has various murals around the City but this would be the first commissioned mural approved by the Art in Public Places Commission and partially paid by the Public Art Fund. After consulting with Art in Public Places Commission, Azusa Beautiful and City staff, some possible themes and topics for the Azusa City Library Mural can consist of: The mural can be interactive and incorporate the following (some or all): Library: The Azusa City Library mission is to nourish minds, transform lives, and build community. The Library offers many programs that go beyond books and technology. Community: The City of Azusa has a strong sense of community. It has a diverse urban fabric from all ethnic and social-economic backgrounds. Diversity is key at bringing the people together and creating innovating solutions to improve the quality of life. Key Words: • Welcoming • Connection • Community • Nature • Mountains Azusa Mural Program and Azusa City Library Mural February 18, 2020 Page 3 • River • Trees • Diversity • Technology • Education • Fun • Knowledge Project Timeline Date Topic/Meeting Goal February 5, 2020 Recommending approval of Call for Artist by Art in Public Places Commission to City Council Approve overall Theme and Topics for Azusa City Library Mural February 18, 2020 Approval of Call for Artist release by City Council Approval of Azusa City Library Mural Call for Artist February 19, 2020 Call for Artist Published Publish online and distribute March 12, 2020 Call for Artist Proposal Deadline Compile and organize proposals March 16-18, 2020 Azusa City Library Mural Sub-Committee Meets Recommend top three murals to Art in Public Places Commission March 26, 2020 City Staff Presentation to Art in Public Places Commission (Special Meeting) Select mural April 6, 2020 City Council approved Artist Participation Agreement Artist and Mural is awarded April 20-24, 2020 Library Week Artist Reception Event Unveil the proposed mural April 1-31, 2020 Artwork starts Deadline June 1, 2020 to complete artwork The Azusa City Library Mural Sub-Committee will be comprised of the following members: • Azusa Beautiful – 2 Members • Azusa City Library – 2 Staff Members • Economic and Community Development Department – 3 Staff Members • Art in Public Places Commission – 2 Commissioners FISCAL IMPACT The proposed recommendation does not have any fiscal impact on the General Fund. The total cost for the mural will be $5,000. Azusa Beautiful has agreed to donate $1,000 to fund part of the mural, and the balance of $4,000 will be paid by the Art Fund. There are sufficient revenues to cover the requested amount of $4,000 under 28-35-611-002-4899. The Art Fund was established per Azusa Municipal Code 88.39.090, which supports Art in Public Places Program. Attachments 1) Draft Azusa Mural Program Guidelines and Requirements 2) Draft Call for Artist – Azusa City Library Mural 3) Resolution No. 2020-C05 – Azusa Mural Program Guidelines and Requirements City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA MURAL PROGRAM GUIDELINES & REQUIREMENTS Artists Stipend The Art in Public Places Commission will fund a specific amount set by each Call for Artist, the fee is inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification to the artist(s). Criteria used to select artists will be: •Evaluation of artistic excellence including quality of the art and artist originality; •Creative and innovative concepts; and •Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Mural Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular mural. The following guidelines should be followed: •The artwork that is included on the application must resemble the art that will be painted on surface of the mural. •Because the size of the art area may be different, artists should be prepared to adjust their artwork to the actual area of the mural. Attachment 1 Azusa Mural Program Guidelines & Requirements Page 2 of 3 • The City of Azusa, or its contractors, must have access to the components in the mural at all times. • Some mural areas may have locks and control panels or other components that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the mural to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of any sidewalks open for pedestrians and compliance with ADA requirements. • When washing or painting the mural area, it should be done in a manner that no damage is done to the surface of the mural area. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Painting & Materials Artists are responsible for prepping and painting the mural area. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the Azusa Mural Program Guidelines & Requirements Page 3 of 3 mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The mural owner requests removal; or • The mural surface or building is damaged or needs maintenance, repair, modification, or replacement. City of Azusa Call for Artist: Azusa City Library Mural Proposals Due: March 12, 2020 Contact: Manuel Muñoz Planning Manager Economic and Community Development Planning Division City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 (626)812-5226 mmunoz@azusaca.gov Attachment 2 City of Azusa – Call for Artist: Azusa City Library Mural Page 2 of 12 I. Introduction The City of Azusa Art in Public Place Commission is commissioning a mural at the Azusa City Library. The mural is to enhance the community, Civic Center and Veterans Park through the use of murals. The mural, would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art. The mural shall enact and beautify a public park. The Azusa City Library Mural, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. Azusa Beautiful has contributed financial assistance to initiate this mural. The City of Azusa is requesting qualified artist, groups, or organizations to submit a proposal to provide artwork for the Azusa City Library Mural located on the north wall of the library facing Veterans Park. II. Mural Location and Background (See Attached Location Map and Pictures) The mural will be located on the northwest corner of the Azusa City Library building. The mural will be on the outside facing Veterans Park and will have an overall dimension of approximately 24’ Wide by 12’ High. The City of Azusa originally had a Carnegie Library at the current location of the City Hall located at 213 E. Foothill Blvd. The history of the library dates from 1887 library association formed by Azusa citizens. The Carnegie Library was later transformed into City Hall after the new library building was built in 1959. The mission of the Azusa City Library is to nourish minds, transform lives, and build community. As a gateway to knowledge, the Library creates a more informed, literate and cultured community. Traditional library services blend with new technologies to provide accelerated access to cultural, educational and recreational resources for lifelong learning. Serving children and families is at the heart of our mission. The Library is set on a path to more aggressively meet community needs and provide the services and leadership that can build and enhance the Community. The Library has positioned itself as a civic anchor in the City. The Library offers a variety of programs that serve the community. The Literacy Program is committed to providing experiences for adults to change their lives and move closer to fulfilling their potential and reaching their dreams. The Inspired Citizenship Program empowers and encourages stronger civic participation. The Library Bookmobile is always on the go visiting schools and attending special events to provide library cards, books for kids, and outreach services. Computer classes serve as the only source of free, bilingual technology instruction in the City. Neighborhood Connections provides support to patrons with complex questions on housing, veterans’ benefits, employment, food resources, mental health, unemployment, disability, education and health care. Neighborhood Connections is a hub that houses information, connects individuals with services and provides a safety net for the vulnerable members of the community. As a result of these programs, the amount of patrons the Library serves has increased by 25% over the last few years. III. Mural Theme and Topics The mural can be interactive and incorporate the following (some or all): City of Azusa – Call for Artist: Azusa City Library Mural Page 3 of 12 Library: The Azusa City Library mission is to nourish minds, transform lives, and build community. The Library offers many programs that go beyond books and technology. Community: The City of Azusa has a strong sense of community. It has a diverse urban fabric from all ethnic and social-economic backgrounds. Diversity is key at bringing the people together and creating innovating solutions to improve the quality of life. Key Words: • Welcoming • Connection • Community • Nature • Mountains • River • Trees • Diversity • Technology • Education • Fun • Knowledge IV. Artist Responsibilities The artist shall adhere to all of the Azusa Mural Program Guidelines and Requirements. VI. Submittal Content The following minimum information should be provided in each proposal and will be utilized in evaluating each proposal submitted. To expedite the evaluation of proposals, submittals shall include: (a) Azusa Mural Program Application (b) An Artist Statement (200 word maximum) The statement shall describe why the artist is interested in painting the mural, previous experience working on public art project, and how the artist believes the art will beautify the surrounding area. (c) An Art Work Statement (200 word maximum The statement shall describe and/or interpret the art work as it related to the theme and topics. (d) Color Concept Drawing The color concept drawing shall show the front, back, sides and top of utility box. (e) Resume City of Azusa – Call for Artist: Azusa City Library Mural Page 4 of 12 A resume that includes exhibition history and past projects. (f) 1-3 Examples of Previous Work Include a brief description of each artwork. Shall provide hard copy and digital copy. VII. Artist Stipend Selected artist(s) must sign the Artist Services Agreement before beginning work on the mural. Stipend for the Azusa City Library Mural is made possible by the financial contribution from the Art in Public Places Fund and Azusa Beautiful. Selected artist or groups will receive a total stipend of $5,000.00 for the mural. The artist(s) shall receive two installment payments (one at the beginning of the project and one at the completion). VIII. Timeline The selected artist will be required to enter into an Artist Services Agreement with the City of Azusa which includes the City's standard Terms and Conditions including insurance requirements. IX. Submission of Proposals One (1) color copy and one (1) electronic copy of all proposals must be received in the City of Azusa’s Planning Division office by March 12, 2020 at 5:30 p.m. It is the responsibility of the Artist to see that any proposal sent through mail, or any other delivery method, should have sufficient time to be received by the City of Azusa, Planning Division prior to the proposal due date and time. Late proposals will not be accepted. Proposals should be clearly marked and submitted to: City of Azusa Planning Division – Azusa Mural Program Economic and Community Development 213 E. Foothill Blvd Azusa, CA 91702 All inquiries to this proposal should be submitted via mail or e-mail to: Manuel Muñoz Planning Division Economic and Community Development Department City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 Phone: (626) 812-5226 Fax: (626) 334-5464 E-mail: mmunoz@azusaca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the Call for Artist sent out by March 5, 2020 at 5:30 p.m. The deadline for all questions is March 2, 2020 at 5:30 p.m. Questions received after this date and time will not be answered. Only questions that have been resolved in writing will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. City of Azusa – Call for Artist: Azusa City Library Mural Page 5 of 12 Deadline to Submit Proposal March 12, 2020 Staff Review Proposals March 13-18, 2018 City Staff Presentation to Art in Public Places Commission March 25, 2020 Artist Participation Agreement Awarded by City Council April 6, 2020 Library Week Artist Reception Event April 20-24, 2020 X. General Call for Artist Conditions (a) The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. (b) The City reserves the right to withdraw or cancel this Call for Artist at any time without prior notice and the City makes no representations that any contract will be awarded to any Selected artist(s) responding to this RFP. (c) The City reserves the right to postpone proposal openings for its own convenience. (d) Proposals received by the City are public information and must be made available to any person upon request. (e) Submitted proposals are not to be copyrighted. (f) The City reserves the right to seek clarification of information submitted in response to this Call for Artist (g) The City reserves the right to modify the Call for Artist as it deems necessary. (h) Any material misrepresentations made by the Selected artist(s) will void the proposal response and eliminate the Selected artist(s) from further consideration. (i) Pre-Contractual Expense The City shall not, in any event, be liable for any pre-contractual expenses incurred by Selected artist(s) in the preparation of its proposal. Selected artist shall not include any such expenses as part of its proposal. Pre-contractual expenses are defined as expenses incurred by Selected artist(s) in: i. Preparing its proposal in response to this Call for Artist; ii. Submitting Call for Artist for public artwork to the City; iii. Negotiating with the City on any matter related to this proposal; or iv. Any other expenses incurred by Selected artist(s) prior to date of award, if any. (j) All materials submitted become the property of the City. City of Azusa – Call for Artist: Azusa City Library Mural Page 6 of 12 Azusa City Library Mural Location 24’ Wide by 12’ High City of Azusa – Call for Artist: Azusa City Library Mural Page 7 of 12 ARTIST SERVICES AGREEMENT CITY OF AZUSA MURAL PROGRAM This Agreement is made and entered into this XX day of June, 2020, by and between the City of Azusa (“City”), a municipal corporation, and XXX (“Artist(s)”). RECITALS A. The City of Azusa Art in Public Places Commission (“Commission”) is launching a mural program to support public art and to enhance the community and neighborhoods through the use of murals. B. The Azusa Mural Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C. The goal of the program is to bring beauty to unexpected places. D. The Azusa City Library Mural, which focuses on a mural on the Azusa City Library facing Veterans Park, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E. Azusa Beautiful has contributed financial assistance to initiate this project. F. Selected artists must sign this Artist Services Agreement before beginning work on the mural. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa City Library Mural. The Artist(s) shall adhere to all of the Azusa Mural Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. SECTION 3. COMPENSATION City of Azusa – Call for Artist: Azusa City Library Mural Page 8 of 12 3.0 The maximum compensation to be paid to Artist(s) is a stipend of five-thousand dollars ($5,000). 3.1 The Artist(s) shall receive two installments; one two-thousand five-hundred ($2,500) payment upon execution of this Agreement and one two-thousand five-hundred dollar ($2,500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST City of Azusa – Call for Artist: Azusa City Library Mural Page 9 of 12 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or City of Azusa – Call for Artist: Azusa City Library Mural Page 10 of 12 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the wall. b. The City of Azusa, or its contractors, must have access to the wall at all times. c. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; City of Azusa – Call for Artist: Azusa City Library Mural Page 11 of 12 b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. City of Azusa – Call for Artist: Azusa City Library Mural Page 12 of 12 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ _________________________________ Printed Name: __________ RESOLUTION NO. 2020-C05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING OF THE AZUSA MURAL PROGRAM GUIDELINES AND REQUIREMENTS WHEREAS, the City Council of the City of Azusa, following notice thereof as required by law, held a public hearing on the Azusa Mural Program Guidelines and Requirements; and WHEREAS, at that hearing, all persons wishing to testify in connection with the Azusa Mural Program Guidelines and Requirements were heard and the program was fully studied, discussed and deliberated; and WHEREAS, on February 5, 2020 the Art in Public Places Commission carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 2-391 and 88.39 of the Azusa Municipal Code, the City Council hereby recommends approval of the Azusa Mural Program Guidelines and Requirements, and SECTION 2: Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings made in this Resolution, the City Council of the City of Azusa hereby recommends approval of the Azusa Mural Program Guidelines and Requirements. Attached as Exhibit A, and incorporated herein by reference, as though set out in full and at length. SECTION 4: The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of February, 2020. ___________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Attachment 3 Resolution No. 2020-C05 February 18, 2020 Page 2 of 2 I HEREBY CERTIFY that the foregoing Resolution No. 2020-C05 was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 18th day of February 2020, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best Best & Krieger, LLP City Attorney City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA MURAL PROGRAM GUIDELINES & REQUIREMENTS Artists Stipend The Art in Public Places Commission will fund a specific amount set by each Call for Artist, the fee is inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification to the artist(s). Criteria used to select artists will be: •Evaluation of artistic excellence including quality of the art and artist originality; •Creative and innovative concepts; and •Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Mural Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular mural. The following guidelines should be followed: •The artwork that is included on the application must resemble the art that will be painted on surface of the mural. •Because the size of the art area may be different, artists should be prepared to adjust their artwork to the actual area of the mural. Azusa Mural Program Guidelines & Requirements Page 2 of 3 • The City of Azusa, or its contractors, must have access to the components in the mural at all times. • Some mural areas may have locks and control panels or other components that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the mural to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of any sidewalks open for pedestrians and compliance with ADA requirements. • When washing or painting the mural area, it should be done in a manner that no damage is done to the surface of the mural area. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Painting & Materials Artists are responsible for prepping and painting the mural area. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the Azusa Mural Program Guidelines & Requirements Page 3 of 3 mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The mural owner requests removal; or • The mural surface or building is damaged or needs maintenance, repair, modification, or replacement.