HomeMy WebLinkAboutE-16 Staff Report - Artist Sevice Agreement - Azusa City Library Mural ProjectCONSENT ITEM
E-16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: SEPTEMBER 21, 2020
SUBJECT: APPROVE ARTIST SERVICE AGREEMENT WITH AMBER PLUMMER FOR THE
AZUSA CITY LIBRARY MURAL PROJECT
BACKGROUND:
The City received a donation in the amount of $1,000.00 from Azusa Beautiful to establish a Mural
Program, which shall be called the 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 projects. 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 County area. This new
program would be administered by the City’s Planning Division and the Art in Public Places
Commission would have approval authority over the proposed murals.
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.
The City Council held a meeting on Monday, February 18, 2020 at the Civic Auditorium at 7:30 PM.
The City Council approved the Azusa Mural Program Guidelines and Requirements and Released the
Call for Artist for the Azusa City Library Mural Project.
The Call for Artist for the Azusa City Library Mural Project was released on Tuesday, February 19,
2020 and all proposals were due on Thursday, March 12, 2020 at 5:30 PM. The Planning Division
received a total of 22 submissions. The staff determined that 1 submission did not submit all the
required documents and was disqualified. Due to COVID-19, the project was placed on a brief hold.
On June 18, 2020, the Azusa City Library Mural Project Sub-Committee held a meeting at the Azusa
City Library and reviewed 21 submissions from artist located locally, regionally, and state-wide. The
mural submissions were ranked as a pass or fail based on the Azusa Mural Program Guidelines and
APPROVED
CITY COUNCIL
9/21/2020
Artist Service Agreement for Azusa City Library Mural Project – Amber Plummer
September 21, 2020
Page 2
Requirements. The committee ranked the top four artists recommendations to the Art in Public Places
Commissioner to consider and with a refocused theme.
On July 1, 2020, the Art in Public Places Commission held a meeting at the Azusa Light and Water
Building at 7:00 PM and reviewed 21 submissions. The commission agreed with the recommendation
of the top four artists and the refocused theme.
On August 25, 2020, the Azusa City Library Mural Project Sub-Committee held a meeting via Zoom
and reviewed the top four revised murals. The ranked the murals and recommended the top artist to be
Amber Plummer with minor edits.
On September 2, 2020, the Art in Public Places Commission held a meeting via Zoom and agreed with
the recommendation of Amber Plummer as the selected artist with some minor edits. The commission
approved Resolution No. 2020-AIPPC05 for the Selection of Artist for the Azusa City Library Mural
Project. This will be the first commissioned mural by the Art in Public Places Commission.
RECOMMENDATIONS:
Staff recommends the City Council take the following action:
1) Approve Artist Service Agreement with Amber Plummer to provide professional artwork
services in an amount not to exceed $5,000.00 for the Azusa City Library Mural Project; and
2) Authorize the City Manager to prepare and execute the agreements, in a form acceptable to the
City Attorney, on behalf of the City.
ANALYSIS:
Mural Location
After careful analysis of all existing City facilities, Azusa Beautiful and City staff agreed the 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 the Downtown Azusa. There are
currently 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. The mural will be
approximately 24’ wide by 12’ high and located on the North Elevation of the Azusa City Library facing
Veterans Park. The mural will have an anti-graffiti coat applied by the artist.
Artist Service Agreement for Azusa City Library Mural Project – Amber Plummer
September 21, 2020
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Original Mural Theme
The mural can be interactive and shall 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
socio-economic backgrounds. Diversity is key at bringing people together and creating innovative
solutions to improve the quality of life.
Key Words:
• Welcoming
• Connection
• Community
• Nature
• Mountains
• River
• Trees
• Diversity
• Technology
• Education
• Fun
• Knowledge
Refocused Mural Theme
The mural should be interactive, have more color, have no people in the mural and have a “less is more
approach”.
Key Words:
• Tree
• Books
Azusa City Library Mural Sub-Committee
The Azusa City Library Mural Sub-Committee was comprised of the following members:
• Azusa Beautiful – 2 Members
o Maricela Cueva, President
o Yolanda Rodriguez-Peña, Treasurer
• Azusa City Library – 2 Staff Members
o Ann Graf, IT and Library Services Director
o Leila Hassen, Library Services Manager
• Economic and Community Development Department – 3 Staff Members
o Manuel Muñoz, Planning Manager
Artist Service Agreement for Azusa City Library Mural Project – Amber Plummer
September 21, 2020
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o Carina Campos, Economic Development Specialist
o Elijio Sandoval, Planning Technician
• Art in Public Places Commission – 2 Commissioners
o Bob Donnelson, Chair, Art in Public Places Commission
o James Griffith, Vice-Chair, Art in Public Places Commission
o
The sub-committee analyzed all twenty-one submissions based on the following criteria:
• Quality of Artwork
• Artist Originality
• Creative and Innovative
• Targeted Audience
• Targeted Theme
• Use of Color
The sub-committee failed a total of seventeen submissions because they did not meet the criteria. Only
four submissions meet the overall criteria. The sub-committee recommended the murals to be revised
based on the refocused theme.
Selected Artist and Mural
Amber Plummer has been selected as the artist for the Azsua City Library Mural Project that will be
titled “Discover”. Amber is a local artist, educator, and has painted over 28 murals. She has received
formal arts education and has a true passion for public art. Below is a rendering of the mural:
Mural Title
“Discover”
Artist Service Agreement for Azusa City Library Mural Project – Amber Plummer
September 21, 2020
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Artist Statement
As a local Educator and Artist, I am dedicated to creating art that enhances my community with the
same diversity and dynamic color found in the surrounding people and land. Over the past decade, I’ve
collaborated with multiple educational, communities based and non-profit organizations to create the
sense of positive change and harmony we want to see the world. I create murals that celebrate and
honor diversity, culture, history and community. I strive to use public art as a bridge between
community members linking creativity, collaboration and ultimately positive change. The murals
produce a sense of pride for all involved. Often, I’ve gathered the community to participate in the
creation of the mural that is set to adorn their space. Literally, young and old, experienced and novice
have come together over and under the murals.
Artwork Statement
The Mural “Discover” is a Surreal-Landscape Collage. The background recognizes the beautiful
surrounding San Gabriel terrain which is framed by the warmth of the sun. This painting provides subtle
teachable moments about the Library’s influence as a community hub of knowledge, guidance and
adventure. The scene perspective draws us in through the bookends that act as a platform for the
Library’s mission to nourish minds, transform lives and build community. The depictions of the book
stacks, map, magnifying glass, tree and swing all provide opportunities for interaction. The yellow book
on the left can be grasped to represent a search for knowledge. The innovative magnifying glass can be
held to see our world more clearly. In addition, the books in the foreground can be leaned or sat upon to
ponder the wonders of the world in the center. And finally the swing in the center can be sat upon or
pushed to serve as a sense of adventure. In general the overall mood of this mural is positivity, growth
and possibilities all achieved as we venture to discover.
FISCAL IMPACT:
The proposed recommendation does not have a 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. Upon City Council approval, Staff will prepare
a budget amendment under 28-35-611-002-4899.
Prepared by: Reviewed by:
Manuel Muñoz Matt Marquez
Planning Manager Economic and Community Development Director
Fiscal Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Amber Plummer - Artist Service Agreement for Azusa City Library Mural Project
ARTIST SERVICES AGREEMENT
AZUSA CITY LIBRARY MURAL PROJECT
“DISCOVER” BY AMBER PLUMMER
This Agreement is made and entered into this 21ST day of September, 2020, by and
between the City of Azusa (“City”), a municipal corporation, and Amber Plummer (“Artist”).
RECITALS
A.The City of Azusa Art in Public Places Commission (“Commission”) is launching a
mural program called Azusa 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 and highlight different
areas in the City.
D.The mural project would be 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 $1,000.00 in assistance to initiate the program.
F.Selected artist must sign this Artist Services Agreement before beginning work on the
mural.
SECTION 1. SCOPE OF SERVICES
1.0 Artist shall perform services according to the City of Azusa Call for Artist: Azusa City
Library Mural Project. The Artist 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 the mural.
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.
Attachment 1
Artist Services Agreement – Amber Plummer – Azusa City Library Mural Project
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SECTION 3. COMPENSATION
3.0 The maximum compensation to be paid to Artist(s) is a stipend of five-thousand dollars
($5,000.00).
3.1 The Artist shall receive two installments; one two-thousand five-hundred dollar
($2,500.00) payment upon execution of this Agreement and one two-thousand five-
hundred dollar ($2,500.00) payment upon completion of the services and approval by the
City under Section 1.1 of this Agreement.
3.2 In the event Artist incurs costs in excess of the maximum compensation, Artist(s) shall
pay such excess from Artist own funds. City shall not be required to pay any part of such
excess and Artist 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. In the event that City
withholds payment, City shall provide detailed written notice to Artist within fifteen (15)
days following the date Artist 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 in the preparation of its proposal. Selected Artist 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 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 shall obtain no rights to retirement benefits or other
benefits accrue to City’s employees, and Artist 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 will fulfill Artist obligation under this Agreement.
4.2 Nothing contained in this Agreement shall be construed to place City and Artist in the
relationship of partners. Artist acknowledges and agrees that Artist 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
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6.0 INDEMNIFICAT ION. Artist 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, or the Artist’s agents or Artist’s subcontractors.
Artist’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 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, or Artist’s agents or Artist’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 material
obligations under this Agreement, City may terminate this Agreement upon fifteen (15)
days written notice to Artist (“Termination Notice”). The Termination Notice must
specify Artist’s breach and provide Artist 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 for services performed and contractual commitments made by Artist, 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
condition contained herein or a waiver of any subsequent breach or violation of the same
or any other term or condition.
Artist Services Agreement – Amber Plummer – Azusa City Library Mural Project
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SECTION 8. COMPLIANCE WITH LAWS
8.1 COMPLIANCE. Artist shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local governments.
SECTION 9. NONDISCRIMINATION
9.1 NONDISCRIMINATION. Artist 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 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 located on the
north elevation of the Azusa City Library and approximately 24’ wide by 12’
high.
b. The City of Azusa, or its contractors, must have access to the components of the
wall to include but not limited to the ladder.
c. The ladder cover shall be painted but the hinges should be painted so as to not
lock the cover in place.
d. The mural shall be painted with anti-graffiti coat to prevent any graffiti in the
future.
10.1 Artist 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. Is plagiarized, stolen, or copied from another source;
d. 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;
b. Disrupt the orderly operation of the facility exhibiting the art;
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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 expressly agrees to waive any and
all rights Artist 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.
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WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
CITY OF Azusa, a municipal corporation:
________________________________
Sergio Gonzalez, City Manager
Date: ____________________________
ARTIST
_________________________________
Printed Name: _____________________
Date: ____________________________
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EXHIBIT A
Azusa Mural Program Guidelines and 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.
• 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.
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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 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.
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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
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EXHIBIT B
Design