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HomeMy WebLinkAbout12. Memorial - Offficer W Presley AGENDA MEMO DATE: February 8, 2011 TO: Mayor and Members of the City Council FROM: Rick Esteves Chief of Police SUBJECTFALLEN OFFICER MEMORIAL : RECOMMENDATION That the City Council approve an agreement with Brodin Studios, Inc. in the amount of $60,000 to be funded by Arts in Public Places for a memorial honoring fallen Downey Police Officer Wayne Presley, and approve appropriation of $30,000 of Asset Forfeiture Funds for additional project costs. BACKGROUND On April 10, 1981, Motorcycle Officer Wayne Presley was assisting a stalled motorist when he was struck and killed by a drunk driver. He was survived by his wife Linda and three children. He was 37 years old. To recognize the 30-year anniversary of Officer Presley’s death, the Police Department desires to erect a permanent memorial in his honor. The proposed placement for the memorial would be in the garden area southwest of the police station’s front entrance. The base for the memorial will allow for additional memorial plaques to be added should the tragic need arise. Arts in Public Places funds are available for the memorial statue. We request $60,000 be appropriated from this fund to cover the cost of the statue and plaques. Costs associated with the remainder of the project, including the base, construction and lighting would be funded through the utilization of $30,000 of Asset Forfeiture funds. FISCAL IMPACT Costs would be funded by Arts in Public Places and Asset Forfeiture. There is no impact to the General Fund. I:\Agenda Memos CC 2011\02-08-11\Memorial - Wayne Presley.doc CITY OF DOWNEY, CALIFORNIA "THE CALL TO DUTY" SCULPTURE COMMISSION AGREEMENT (LIFE-SIZE) THIS AGREEMENT is made on this ________day of _________________, 2011 between Brodin Studios, Inc. at 503 E Hwy 12, Litchfield, MN 55355, hereinafter referred to as ARTIST, and ___ City of Downey______, hereinafter referred to as BUYER. WHEREAS, BUYER desires to commission ARTIST to design and construct an original bronze work of art in the likeness of a law enforcement officer on one knee, head bowed, resting in one hand, with the other hand holding a folded American flag, hereinafter referred to as ARTWORK; WHEREAS, ARTIST desires to create the above-mentioned ARTWORK; WHEREAS, both parties wish the integrity and clarity of the ARTIST'S ideas, and the quality and beauty of the ARTWORK, to be maintained and protected; NOW, THEREFORE, the parties mutually agree upon the following: I. DESCRIPTION OF THE ARTWORK The figure depicted in the ARTWORK would be completed in life-size scale (6'2" tall if in a standing position), and shall be created using the "lost wax" method of bronze casting. ARTWORK shall be finished in an antique bronze patina, suitable for interior or exterior exhibition and shall be signed and dated by the ARTIST. BUYER has commissioned ARTIST to create this ARTWORK as a memorial honoring the Downey Police Department. ARTWORK shall be created in the general image of original "Call To Duty" with agreed upon customization. A. ARTIST shall accurately depict the uniform and equipment, as specified by BUYER'S representatives. B. BUYER shall provide ARTIST with a full uniform, including chest badge and duty belt. In the alternative, BUYER shall provide ARTIST with the completed uniform checklist, and photographs or specifications of the uniform features and equipment to be depicted. C. If BUYER desires to have a hat depicted (mounted on the base near the foot of the officer) BUYER shall supply an example of the uniform hat or specify the style of hat and the design of the hat badge. II. BASE BUYER shall provide a suitable base for ARTWORK. ARTIST shall prepare statue for mounting and shall provide the hardware necessary to do so. ARTIST shall be available to consult with the parties (by telephone) to assist them in preparing the base, and shall advise them as to suggested dimensions, weight specifications, and method of attachment. Should BUYER wish to contract with ARTIST to provide a base, such arrangements shall be set forth in an addendum to this agreement, signed by both parties. III. COMMISSION FEE BUYER shall pay ARTIST the sum of forty-five thousand dollars and no cents ($45,000), plus applicable state and local sales tax (if any), and shipping charges, according to the schedule set forth in paragraph IV and V. IV. PAYMENT SCHEDULE A. A down-payment of twenty-five thousand dollars and no cents ($25,000) shall accompany the signed commission agreement, prior to commencement of the work. B. ARTIST shall confirm specific details with BUYER and shall notify them when sculpture is ready for casting. A foundry payment of ten thousand dollars and no cents ($10,000) shall be due and payable at this time, prior to casting of the sculpture. C. Delivery shall be scheduled on or about __________. ARTIST shall advise BUYER of the ship date, at which time a final payment of ten thousand dollars and no cents ($10,000) shall be due. D. Final payment must be received prior to shipment. V. DELIVERY AND INSURANCE COSTS A. BUYER shall be responsible for reasonable delivery/shipping costs (as indicated In Section III paragraph C. ARTIST will advise BUYER as to the method of shipment and the estimated cost prior to the scheduled delivery date. Shipping shall be billed separately, and shall be due within 15 days of receipt of invoice. B. Should BUYER decide to pick up the ARTWORK, and crating is necessary for transportation, BUYER shall be responsible for a "crating charge" which shall be billed separately and due within fifteen (15) days of receipt. C. ARTIST shall be responsible for insurance coverage during the commission period. Responsibility for coverage passes to the BUYER upon shipment. The cost of insurance shall be included in the shipping fees if ARTIST'S freight company is used. If BUYER chooses to have another freight company or individual pick up the ARTWORK, BUYER shall be responsible for insuring ARTWORK from the moment of possession. VI. COPYRIGHT ARTIST shall retain the copyright on ARTWORK and all reproduction rights shall be expressly reserved. ARTIST herein grants BUYER the limited license to make two dimensional reproductions of ARTWORK for non-commercial purposes, including, but not limited to, advertising, publicity, catalogs and similar publications, provided that these rights are exercised in a tasteful and professional manner. ARTIST'S copyright shall be clearly displayed on all reproductions and ARTIST shall be given a credit line in all editorial reference(s.) (c) 1995 Brodin Studios, Inc. All Rights Reserved VII. UNVEILING/DEDICATION BUYER shall notify ARTIST as to the date and time of the unveiling and dedication ceremonies. BUYER agrees to furnish ARTIST with a copy of all promotional materials, programs, videos and articles dealing with ART WORK and the unveiling. VIII. MAINTENANCE/REPAIR BUYER agrees that it will not intentionally destroy, damage, or otherwise alter, modify of change ART WORK in any way. All repairs and restorations shall be the responsibility of the BUYER, and during the lifetime of the ARTIST, shall require his consultation and approval. ARTIST shall provide BUYER with written care instructions for sculpture. IX. TITLE OF ARTWORK BUYER shall have the right to determine the official title of the ARTWORK, and shall inform ARTIST of such at the earliest convenience. BUYER shall identify ARTWORK as "being based on a copyrighted work entitled the “Call To Duty" if ARTWORK is known by another name. X. MODIFICATIONS TO THE AGREEMENT Modifications to any section of this agreement must be made in writing, signed by both parties and attached as an addendum. XI. JURISDICTION The laws of the State of Minnesota shall govern this agreement. Signed this ________________________________day of _______________, 2011. CITY OF DOWNEY By:________________________ By ______________________ Mayor ARTIST/AGENT Brodin Studios, Inc. 503 E Hwy 12 Litchfield, MN 55355 ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: ___________________________ City Attorney The commission fees quoted herein are guaranteed for a period of 60 days following receipt of this document.