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HomeMy WebLinkAbout19. Approve PSA w-JK Designs (National Sculptors Guild) for Public ArtPR vE y TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL C6T'Y MAA FROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 25, 2019 PROFESSIONALDESIGNS FOR PUBLIC ART That the City Council approve a Professional Services Agreement to design, fabricate and install public art on Downey Avenue with J.K. Designs, Inc. (dba: The National Sculptor's Guild); and authorize the City Manager to execute any and all amendments to the agreement. The Downey City Council adopted the original Art in Public Places Program on November 22, 2005. The goal of Downey's Art in Public Places Program is to provide original artworks that are easily accessible to the general public throughout the City. The Art in Public Places Program is designed to offer a wide range of artistic styles, themes, and media, all of outstanding quality. The unique variety of artistic styles is chosen to provoke discussion and encourage comment. The Art in Public Places Program is dependent on public-private cooperation between the City, artists, and the developer. The Art in Public Places Program also provides the Downey City Council with the flexibility to initiate public art projects on City -owned property, and to provide for facilities where public art is displayed. Staff has been working with Council Members of the Downtown Subcommittee regarding various art installations in the Downtown. Recently staff and the Council Members agreed upon five different installations at various locations on Downey Avenue, as depicted on Attachment "A" and explained in Attachment "B". These art pieces would be installed at their locations along Downey Avenue individually, as they are completed, until the entire project is fulfilled. JK Designs' Principal, John Kinkade, founded the National Sculptor's Guild in 1992, with a handful of sculptors who wished to find thoughtful public applications for their work. Representation has since grown to over 40 contracted painters and sculptors on display at their headquarters, The Columbine Gallery, plus an extended network of 200+ artists that their design team works with on a regular basis. When appropriate, the design team grows to include structural engineers, architects, landscape architects, light designers, fountain specialists, designers and contractors specific to each project from around the nation. The PROFESSIONAL SERVICES AGREEMENT WITH J.K. DESIGNS FOR PUBLIC ART JUNE 25, 2019 PAGE 2 National Sculptor's Guild provides a turnkey operation, handling every component of the art process from pre -design to installation. The purpose of the National Sculptor's Guild is to champion a community of artists and to serve as a bridge between these artists and the public. They work with many cities throughout the country, but the proposed designs are a first for California. The National Sculptor's Guild will not publically place any editions of these pieces in Southern California except in Downey. The National Sculptor's Guild is working with four different artists on this project; all of the artists have a rich personal, educational, and professional history. The artist's biographies and resumes are listed on Attachment "B". The total project cost, which includes pre -design, design, fabrication and installation of the five different art pieces for Downey Avenue is $320,250. The artist services and project timelines are listed within the Professional Services Agreement as Exhibit "C". Economic Vibrancy Quality of Life, Infrastructure & Parks Public Engagement The funds for this public art project are currently budgeted in the City's Arts in Public Places budget. The account used for these activities is 40-1-6792-0520. ATTACHMENTS Attachment A-- Public Art Renderings Attachment B —Artist Resumes Attachment — Professional Services Agreement with J.K. Designs, Inc. & National Sculptor's Guild Sculpture 1: From A Different Perspective by Jane DeDecker Location: City of Downey planter at the southwest corner of Downey Avenue and 2nd Street Attachment "A„ Sculpture 2: Homeward Monarch by Joe Norman Location- City of Downey planter at the southeast corner of Downey Avenue and 2nd Street 2 Sculpture 3: My Heart is in Your Hands by lane DeDecker Location: City of Downey planter on the southern side of the drive -way apron entry to the Downey United Masonic Lodge 220 at 8244 3rd Street 3 Sculpture 4: Infinite Dance by Carol Gold Location: City of Downey planter on the west side of Downey Avenue, adjacent to the southwest corner of Downey Avenue and 4th Street 0 Sculpture 5: On a Roll by Jack Hill Location: City of Downey planter on the east side of Downey Avenue, in front of 10846 Downey Avenue 5 SCULPTURE 1 FROM A DIFFERENT PERSPECTIVE BY JANE DEDECKER Location: City of Downey planter at the southwest corner of Downey Avenue and 2"d Street ABOUT THE SCULPTURE: The artwork depicts a young man balancing on his hands. This would be a playful and fun installation that relates to the youthful nature of this neighborhood with universal appeal. This work is visually dynamic from all angles as the composition continually leads the eye around. The artwork I am proposing exists as a maquette which l will use to point up tolifesize making the figure 6ft.high ARTIST STATEMENT: It is my hope that my artwork will echo the identity of this culturally rich and pulsating community. My approach to figurative sculpture is diversified into representational Americana or abstract Expressionist. Figurative sculpture can bring to life the best of mankind's character, spirit of compassion and integrity. Many of my new works tell stories about heroes, role models and ourselves. I am so fortunate and honored to sculpt issues that describe our deepest values of family, simple freedoms and people who inspire us. BRIEF Bio: DeDecker began her artistic training as a painter at UNC, until a professor, noticing her joy in the portrayal of shapes and forms, suggested she try her hand at sculpture. Taking his advice, she went on to study at Gobelins School of Tapestry in Paris, and in returning to Colorado, spent five years as master craftsman to the notable sculptor George Lundeen. She has also worked Fritz White, DannyOstermiller, Kent Ulberg. Terry Kelsey, Forrest Hart and Glenna Goodacre. A Fellow of the National Sculptors' Guild (1994) and National Sculpture Society (1998), DeDecker has gone on to receive copious awards. Jane DeDecker has been making a major contribution to the world sculpture scene since 1986. Creating over 300 limited -edition original sculptures. She has been sought out for her artistic integrity by organizations ranging from the National Parks Service to the President of the United States. She is currently working on "Every Word We Utter" a monument to the Women's Suffrage Movement featuring 6 historic female figures. Bills are currently progressing through the house and senate for placement of the 20ft monument in Washington, DC. "Part of Jane's artistic genius is her ability to select a moment with which all of us can relate to in our lives. These recognizable moments skip over generations, each generation finding recognition with it. The scene is timeless in the human experience and each takes us to that moment causing us to reflect and evaluate the importance of love, relationship and achievement. The textures of DeDecker's work bespeak her passion, integrity and honesty. Her practiced and studied craftsmanship coupled with her dedicated respect for others achieves the balance, which makes a hard metal come alive with spirit and soul. This is why her collectors never tire of her work. These are the reasons her peers recognize her as being at the forefront of this century's contemporary sculptors." -John Kinkade, Executive Director of the National Sculptors' Guild BRIEF RESUME: PERSONAL: Since 1988 Self -Employed Sculptor PROFESSIONAL MEMBERSHIPS Loveland, CO National Sculptors' Guild, Fellow `96 Since 1994 National Sculpture Society, Fellow '07 Since 1998 EDUCATION: 1988-89 Battle Mountain Bronze Minturn, CO Assisted In Training New Apprentices Monument Production for Terry Kelsey, Forrest Hart, Glenna Goodacre 1987 Stone Carving Independent Study with Robert Game, Sculptor Canada 1983-88 5 Year Apprenticeship with George Lundeen, Sculptor Loveland, CO Learned All Techniques and Phases of Sculpture, Promoted To Master Craftsman in 2 Years Monument Assistant for Fritz White; ban Ostermiller, Kent Ullberg 1984 Scottsdale Artists School, Jon Zahorek -Anatomy Course Scottsdale, AZ 1983 Gobelins School of Tapestry Paris, France 1982 Haystack Mountain School of Crafts Deer Isle, ME 1979-82 Attended University of Northern Colorado Greeley, CO SELECT ACCOLADES: 2008 C.Percival Dietsch Prize for'Wind', 75th National New York, NY Sculpture Society 2007 Margaret Hexen Priye'Award: 74th National Sculpture New York, NY Society Exhibit 2002 Bronze Medal and Pietro & Alfrieda Montana Memorial Prize New York, NY National Sculpture Society 2001 Mrs. Louise Bennett Award, NationalSculpture Society New York, NY 1999 Aggop AopofAward, ;National Sculpture Society New York, NY 1997 Award of Excellence& Critics Choice Award, Kimball Park City, UT Art Museum 1994 Merit Award, Peachtree Art Show Atlanta, GA 1993 Mayors Purchase Award, Spring -Affair in the Gardens Beverly Hills, CA 1992 Best of Show, Spring - Affair in the Gardens Beverly Hills, CA Honorable Mention, Art Festival Atlanta, GA First Place in Sculpture, Fall — Affair in the Gardens Beverly Hills, CA MAJOR COMMISSIONS AND PLACEMENTS: 2018 "Burro Trio" Southlake, TX "Siena" West Bloomfield Township Public Library West Bloomfield, MI 2017 "Behold" Madonna and Child commission St. Patricks Cedar Rapids, IA Church "Lil` Sis" commission Vogel Schwartz Sculpture Garden Little Rock, AR 2016 "In the Wings" collaboration with Alyson Kinkade, Robinson Little Rock, AR Music Hall "On the Count of Three" roundabout La Quinta; CA 2015 "Sherlock Holmes" commission Police Headquarters Edmond, OK "Lemon Drops" downtown Alva, OK 2014 "Early Explorers" McEwen Park Coeur d'Alene, ID "On the Count of Three" Pleasanton, CA "Tender Courage - St. Catherine" Mercy Hospital St. Louis, MO "Oceans to Fly — Amelia Earhart" Amelia Earhart Alameda, CA Elementary School 2013 "Patty Cake", Riverfront Park Little Rock, AR "Ties that Bind", Riverfront Park Little Rock, AR "World to Teach" David Walsh Cancer Center Sterling, CO "Thorn" David Walsh Cancer Center Sterling, CO "Gentle Touch" David Walsh Cancer Center Sterling, CO "Stand by Me" David Walsh Cancer Center Sterling, CO "Kate" David Walsh Cancer Center Sterling, CO 2012 "Dawn & Dusk" Arkansas Children's Hospital, Little Rock, AR "Field Dressing— Dr. Jackson Portrait" Arkansas Children's Little Rock, AR Hospital 2011 "The Ties that Bind" City of Southlake Southlake, TX "Sentinels" Private commission of 5 children/fountain Little Rock, AR 2010-11 "Generations" & "On the Count of Three" City of Southlake Southlake, TX 2008-09 "Dawn & Dusk" City of Tamarac Tamarac, FL "Shadows Passing" Municipality of Anchorage Anchorage, AK "On the Count of Three" St. Mary's Hospital Grand Junction, CO 2007 "Elements: Fire & Air" City of Cerritos Sculpture Garden Cerritos, CA "My Heart is in Your Hands" University of Michigan Ann Arbor, MI Cardiovascular Center "Da Mi Un Baccio" Hartford Development Loveland, CO 2006 "Elements: Earth & Water" City of Cerritos Sculpture Garden Cerritos, CA "Lords of the Forest" Sacramento Recycling Center Sacramento, CA "Ears of Joy" Recreation Center Entry Brighton, CO "Setting the Pace" Art for the Mountain Community Evergreen, CO 2005 "Lords of the Forest, Julie, Leaves of Grass" Recreation Brighton, CO Center Entry "The Sower", Settlers Ridge, Kimball Hill Homes Chicago, IL 2004 "Emily Dickinson" Converse College Spartanburg, SC "Touch the Sky, Harriet & Anglers" Clinton Presidential Little Rock AR Center Entry "Family Tree" The Woodlands The Woodlands, TX "Earth" Arthur Blank Family Foundation Atlanta, GA "Sun Showers" City of Cerritos Cerritos, CA 2003 "Mentor" University of Mississippi Oxford, MS 2002 "Jungle Gym" Houston, TX "Can Can" Brookgreen Gardens Murells Inlet, SC "Family Tree" Private Collection, Beaver Creek, CO 2001 "Ties That Bind", City of Iowa City Iowa City, IA "Galileo" & "Like Grandpa", City of Thornton Thornton, CO "Touch the Sky", City of Brighton Brighton, CO "Safehaven", City of Honolulu Honolulu, HI 2000 "Ears of Joy", City of Ames Ames, IA "New Heights", Trammel -Crowe St. Louis, MO "Ears of Joy" Orchard Place Des Moines, IA 1999 "Anglers" Audubon Institute New Orleans, LA 1998"A World To Teach", Cranbrook Schools Bloomfield Hills, MI "Through The Shelter Of Love", 7 -Figures American Salt Lake City, UT Stores, -Inc. 1996 "Ace", City of Glendale Glendale, AZ 1995 "Snapshot" & "Jungle Gym", City of Oxnard Oxnard, CA "Harriet Tubman", Metro Phoenix Area Phoenix, AZ Multiple Figure Commission, Mayo Clinic Rochester, MN "Unsteady Steadiness", City of Glendale Glendale, AZ "Shortcut", City of Prescott Prescott, AZ 1994 "Heartland Story", City of Fort Lupton, Public Library Fort Lupton, C "Jungle Gym", City of Lakewood Lakewood, C Hammond Family Loveland, "Rapunzel", Dr and Mr Clements Beverly Hills, C 1993 - '-arl" Madison, "Jungle Gym", Casey General Storej Inc. es ones, 1 1992 "Snapshot", Michael Jackson Los Angeles, C "Albert Gallatin", US National Park Service Friendship Hill, P "The Little Reader", Carden Academy Park ity, U • - Steve Buckner Loveland, �. "Over There", President George Bush, Whitehouse Library Washington, D, "Cool1991 - Denver, SCULPTURE 2: HOMEWARD MONARCH BY JOENORMAN Location: City of Downey planter at the southeast corner of Downey Avenj T ABOUT THE SCULPTURE: The intention behind these multifocal sculptures is to open dialogue of how we can transform ideas/statements/actions through a simple change of one's own perspective. As the viewer approaches the artwork they will see either the form of butterflies or words emerge and become clear. ARTIST STATEMENT: My intent into make art that contributes to a wider conversation about justice and care and our impact on the world. I hope it helps people think and be happy; I hope it helps people be important to each other. I enjoy honest welds and alien head bolts, the joy of struggle and walnut oil on smooth sanded wood. My best work has regret and relief and sometimes I throw wrenches. I steal natural shapes for my sculpture. Animal bones and river stones feel familiar in my gut. They're all over the place, and they're beautiful. BRIEF BIO: Joe graduated with a degree in Product Design from Stanford and worked with design consulting firms for a number of years before teaching middle school and customizing vintage motorcycles. For the past ten years he has been a full-time sculptor, focusing on handmade and site-specific works informed by the intersection of the natural and human -made environment. Joe was the Artist -In -Residence at Great Basin National Park and frequently speaks on art and its role in social justice. His work is in permanent public and private collections across the United States and is represented by galleries in Colorado, Utah, and California. He currently maintains his studio at Artworks Loveland just north of Denver, Colorado. BRIEF RESUME: EDUCATION: 1999 Product Design B.S., School of Engineering, Stanford University Stanford, CA PERMANENT PUBLIC ART PLACEMENTS` 2019 'Run and Fly" 2015 'Air Dance' kinetic installation, - 2018 "Shield" mulitple placements throughout city 'Wings' Taft Bridge installation, 2017 'Goldfish Justice' 2016 'Musical Playground', MonroeElementary, 2015 'Bison Skull', 'Paint Can', 'Spray Paint'— Artworks 'Transistor' CreatorSpace, 'Tangled' bike rack, Ft Collins Bike Co-op, 2014 Sculptural Bicycle Racks, City of Longmont, 'Pedal Power' bicycle racks, 2012 'Lotus' sculpture for New Balance headquarters, 2011 'Bristlecone Table', SELECT ACCOLADES: 2017 Juror's Award, 'Shard T', Gallery 510 2015 'Social Justice and Art', Loveland Museum/Gallery, 2013 Presidential Fellowship, Anderson Ranch, Sam Maloof Scholarship, 2012 Sugarhouse Art Walk, Bike Art Best -of -Show, 2011 Great Basin National Park Artist -in -Residence, Golden, CO Loveland, CO Southlake, TX Loveland, CO Loveland, CO Loveland, CO Boerne, TX Loveland, CO Loveland, CO Fort Collins, CO Longmont, CO Philadelphia, PA Boston, MA Great Basin National Park, NV Loveland, CO Loveland, CO Snowmass, CO Snowmass, CO Salt Lake City, UT Grand Basin National Park, NV SCULPTURE 3 Y HEART IS IN YOUR HANDS BY JANE DEDECKER- Location: City of Downey planter on the southern side of the drive -way apron entry to the Downey United Masonic Lodge 220 at 8244 3`d Street ABOUT THE SCULPTURE: A depiction of two figures in the shape of a heart, holding each other's hands and leaning back, displaying a deep level of trust. I love create artwork that extends to so many on different levels. While this piece could spark a connection fora couple walking down the street, the overall message of trust, love and unity truly extends to the whole community of Downey. ARTIST STATEMENT: It is my hope that my artwork will echo the identity of this culturally rich and pulsating community. My approach to figurative sculpture is diversified into representational Americana or abstract Expressionist. Figurative sculpture can bring to life the best of mankind's character, spirit of compassion and integrity. Many of my new works tell stories about heroes, role models and ourselves. I am so fortunate and honored to sculpt issues that describe our deepest values of family, simple freedoms and people who inspire us. BRIEF Bio DeDecker began her artistic training as a painter at UNC, until a professor, noticing her joy in the portrayal of shapes and forms, suggested she try her hand at sculpture. Taking his advice, she went on to study at Gobelins-School of Tapestry in Paris, and in returning to Colorado, spent five years as master craftsman to the notable sculptor George Lundeen. She has also worked Fritz White, Danny Ostermiller, Kent Ulberg. Terry Kelsey, Forrest Hart and Glenna Goodacre. A Fellow of the National Sculptors' Guild (1994) and National Sculpture Society (1998), DeDecker has gone on to receive copious awards. Jane DeDecker has been making a major contribution to the world sculpture scene since 1986. Creating over 300 limited -edition original sculptures. She has been sought out for her artistic integrity by organizations ranging from the National Parks Service to the President of the United States. She is currently working on "Every Word We Utter" a monument to the Women's Suffrage Movement featuring 6 historic female figures. Bills are currently progressing through the house and senate for placement of the 20ft monument in Washington, DC. "Part of Jane's artistic genius is her ability to select a moment with which all of us can relate to in our lives. These recognizable moments skip over generations, each generation finding recognition with it. The scene is timeless in the human experience and each takes us to that moment causing unto reflect and evaluate the importance of love, relationship and achievement. The textures of DeDecker's work bespeak her passion, integrity and honesty. Her practiced and studied craftsmanship coupled with her dedicated respect for others achieves the balance, which makes a hard metal come alive with spirit and soul. This is why her collectors never tire of her work. These are the reasons her peers recognize her as being at the forefront of this century's contemporary sculptors." -John Kinkade, Executive Director of the National Sculptors' Guild BRIEF RESUME: VAt •k Since 1988 Self -Employed Sculptor Loveland, CO PROFESSIONAL MEMBERSHIPS: Society West Bloomfield, Ml National Sculptors' Guild, Fellow'96 Since 1994 New York, NY National Sculpture Society, Fellow '07 Since 1998 EDUCATION` 2002 Bronze Medal and Pietro & Alfrieda Montana Memorial Prize New York, NY 1988-89 Battle Mountain Bronze Minturn, CO 2001 Assisted In Training New Apprentices New York, NY 1999 Monument Production for Terry Kelsey, Forrest Hart, New York, NY 1997 Glenna Goodacre Park City, UT 1987 Stone Carving Independent Study with Robert Game, Sculptor Canada 1983-88 5 Year Apprenticeship with George Lundeen, Sculptor Loveland, CO Atlanta, GA Learned All Techniques and Phases of Sculpture, Mayors Purchase Award, Spring - Affair in the Gardens Beverly Hills, CA Promoted To Master Craftsman in 2 Years - Best of Show, Spring - Affair in the Gardens Beverly Hills, CA Monument Assistant for Fritz White, Dan Ostermiller, Honorable Mention, Art Festival Atlanta, GA Kent Ullberg First Place in Sculpture, Fall — Affair in the Gardens 1984 Scottsdale Artists School, Jon Zahorek -Anatomy Course Scottsdale, AZ 1983 Gobelins School of Tapestry Paris, France 1982 Haystack Mountain School of Crafts Deer Isle, ME 1979-82 Attended University of Northern Colorado Greeley, CO SELECT ACCOLADES: 2008 C. Percival Dietsch Prize for 'Wind', 75th National Sculpture New York, NY Society West Bloomfield, Ml 2007 Margaret Hexen Priye'Award: 74th National Sculpture New York, NY Society Exhibit 2002 Bronze Medal and Pietro & Alfrieda Montana Memorial Prize New York, NY Little Rock, AR National Sculpture Society "In the Wings" collaboration with Alyson Kinkade, Robinson 2001 Mrs. Louise Bennett Award, National SculptureSociety New York, NY 1999 Aggop Agopof Award, National Sculpture Society New York, NY 1997 Award of Excellence & Critics Choice Award, Kimball Park City, UT Edmond, OK Art Museum "Lemon Drops" downtown 1994 Merit Award, Peachtree Art Show Atlanta, GA 1993 Mayors Purchase Award, Spring - Affair in the Gardens Beverly Hills, CA 1992 Best of Show, Spring - Affair in the Gardens Beverly Hills, CA St. Louis, MO Honorable Mention, Art Festival Atlanta, GA Alameda, CA First Place in Sculpture, Fall — Affair in the Gardens Beverly Hills, CA MAJOR COMMISSIONS AND PLACEMENTS: 2018 "Burro Trio" Southlake, TX "Siena" West Bloomfield Township Public Library West Bloomfield, Ml 2017 "Behold" Madonna and Child commission St. Patricks Cedar Rapids, IA Church "Lil' Sis" commission Vogel Schwartz Sculpture Garden Little Rock, AR 2016 "In the Wings" collaboration with Alyson Kinkade, Robinson Little Rock, AR Music Hall "On the Count of Three" roundabout La Quinta, CA 2015 "Sherlock Holmes" commission Police Headquarters Edmond, OK "Lemon Drops" downtown Alva, OK 2014 "Early Explorers" McEuen Park Coeur d'Alene; ID "On the Count of Three" Pleasanton, CA "Tender Courage - St. Catherine" Mercy Hospital St. Louis, MO "Oceans to Fly — Amelia Earhart" Amelia Earhart Alameda, CA Elementary School 2013 2012 2011 2010-11 2008-09 2007 2006 2005 2004 2003 2002 2001 2000 1996 1995 1994 "Patty Cake", Riverfront Park Little Rock, AR "Ties that Bind",Riverfront Park Little Rock, AR "World to Teach" David Walsh Cancer Center Sterling, CO "Thorn" David Walsh Cancer Center Sterling, CO "Gentle Touch" David Walsh Cancer Center Sterling, CO "Stand by Me" David Walsh Cancer Center Sterling, CO "Kate" David Walsh Cancer Center Sterling, CO "Dawn& Dusk" Arkansas Children's Hospital, Little Rock, AR "Field Dressing — Dr. Jackson Portrait" Arkansas Little Rock, AR Children's Hospital "The Ties that Bind" City of Southlake Southlake, TX "Sentinels" Private commission of 5 children/fountain Little Rock, AR "Generations" & "On the Count of Three" City of Southlake Southlake, TX "Dawn & Dusk" City of Tamarac Tamarac, FL "Shadows Passing" Municipality of Anchorage Anchorage, AK "On the Count of Three" St. Mary's Hospital Grand Junction, CO "Elements: Fire & Air" City of Cerritos Sculpture Garden Cerritos, CA "My Heart is in Your Hands" University of Michigan Ann Arbor, M1 Cardiovascular Center "Da Mi Un Baccio" Hartford Development Loveland, CO "Elements: Earth & Water" City of Cerritos Sculpture Garden Cerritos, CA "Lords of the Forest" Sacramento Recycling Center Sacramento, CA "Ears of Joy" Recreation Center Entry Brighton, CO "Setting the Pace" Art for the Mountain Community Evergreen, CO "Lords of the Forest, Julie, Leaves of Grass" Recreation Brighton, CO Center Entry "The Sower", Settlers Ridge, Kimball Hill Homes Chicago, IL "Emily Dickinson" Converse College Spartanburg, SC "Touch the Sky, Harriet & Anglers" Clinton Presidential Little Rock AR Center Entry "Family Tree" The Woodlands The Woodlands, TX "Earth" Arthur Blank Family Foundation Atlanta, GA "Sun Showers" City of Cerritos Cerritos, CA "Mentor" University of Mississippi Oxford, MS "Jungle Gym" Houston, TX "Can Can" Brookgreen Gardens Murells Inlet, SC "Family Tree" Private Collection, Beaver Creek, CO "Ties That Bind", City of Iowa City Iowa City, IA "Galileo" & "Like Grandpa", City of Thornton Thornton, CO "Touch the Sky", City of Brighton Brighton, CO "Safehaven", City of Honolulu Honolulu, HI "Ears of Joy", City of Ames Ames, IA "New Heights", Trammel -Crowe St. Louis, MO "Ears of Joy" Orchard Place Des Moines, IA "Anglers" Audubon Institute New Orleans, LA "A World To Teach", Cranbrook Schools Bloomfield Hills, MI "Through The Shelter Of Love", 7 -Figures American Salt Lake City, UT Stores, Inc. "Ace", City of Glendale Glendale, AZ "Snapshot" & "Jungle Gym", City of Oxnard Oxnard, CA "Harriet Tubman", Metro Phoenix Area Phoenix, AZ Multiple Figure Commission, Mayo Clinic Rochester, MN "Unsteady Steadiness", City of Glendale Glendale, AZ "Shortcut", City of Prescott Prescott, AZ "Heartland Story", City of Fort Lupton, Public Library Fort Lupton, CO "Jungle Gym", City of Lakewood Lakewood, CO "Shortcut" Hammond Family Loveland, CO . • - Dr and Clements "Jungle1993 "Mother's Pearl" CaseyGeneralStore, i. "Snapshot"MichaelJackson "Albert Gallatin", US National Park Service "The Little Reader', Carden Academy "Ace", - - - Buckner 1991 "Over There", President George Bush, Whitehouse Librar "Cool Hand f.:: 1990 "Secrets", Mr & Mrs Bruce Weiner "Keeping the Ball Rolling", Benson Sculpture Park Signature Piece for High Plains Art Council "Human Structure", United Way Foundation National OrganizatioTT SCULPTURE 4 INFINITE DANCE BY CAROL GOLD Location: City of Downey planter on the west side of Downey Avenue, adjacent to the southwest corner of Downey Avenue and 0 Street ABOUT THE SCULPTURE: The inspiration behind this design springs from notions of equilibrium and transformation, ideas that are necessary for the sustained health of society. This sculpture depicts a female figure dancing atop a large ring. The joyfully dancing figure represents the vibrant cultural scene of downtown Downey. The shape of circle holds deep symbolism, referring to concepts such as: inclusion, unity, wholeness and infinity. The cast bronze figure measuring 7 ft high, 4.5 ft wide by 2.5 ft deep is securely attached to a stainless steel ring with a 7 foot diameter ARTIST STATEMENT: My work utilizes simplicity of form combined with feeling and motion. The sleek, flattened` figures that I sculpt successfully communicate mood and emotion with straightforward gestures. My uncomplicated modeling technique reveals a quiet, contemporary style. The simple sculpting methods of my work allow the viewer to reflect and apply these visual narratives to their own life experiences with ease and universal appeal. BRIEF BIO: Carol Gold was born in Hartford, Connecticut and grew up on a dairy farm in western Massachusetts. Between 1956 and 1960 she studied art at Cornell University, Boston University and the Museum School in Boston, but it wasn't until 14 years later, when her children were old enough for her to return to sculpting full time, that her work began to develop and change. Bronze casting techniques learned at the College of Marin in 1977 and 1978 enabled Carol to build her own foundry, outside of San Francisco, CA which she operated for 12 years. This intimacy with the entire casting process profoundly affected the evolution of her sculpture. She began to think in terms of the potential of the metal and started to use wax as her creative medium rather than the clay of her initial sculptures. Simplicity is an important concern in her continuous search for forms with to best express motion and mood using the human figure and an occasional animal as subject matter. For the past thirty years, Carol's work has been widely exhibited in the U.S. and Canada. Her sculpture has received numerous awards at national exhibitions including the National Sculpture Society and the North American Sculpture Exhibition, as well as receiving public art commissions including the Bakersfield City Center Project in Bakersfield, California, the Clinton Presidential Library in Little Rock, Arkansas and the Entryway to the City of Bellflower, CA. BRIEF RESUME: •1T PRESENTLY: Full Time, Self -Employed Sculptor Fairfax, CA EDUCATION: 1987 Travel and Stone Carving Spain 1960-61 Museum School Boston, MA 1958-60 Boston University School of Fine Arts Boston, MA 1955-58 Cornell University Ithaca, NY MONUMENTAL PLACEMENTS: 2018 "Infinite Dance", Riverfront Park Little Rock, AR 2017-18 "Time" Roundabout, Bend, OR 2015 "Conversation" First Congregational Church, with unique Boulder, CO granite benches 2013 "Infinite Dance" Pittsfield Town Common Pittsfield, MA 2013 "Belle" City of Bellflower Bellflower, CA 2010 "Time" North Central Michigan College Petoskey, MI 2008 "Conversation" Park of the Four Portals Paramount, CA 2007 "Story Teller" Whittwood Branch Public Library, Whittier, CA 2007 "Communion" Thompson Crossing Sculpture Park, Windsor, CO 2006 "Fiesta" City of Cerritos Cerritos, CA 2004 "Fiesta" City of Loveland, Benson Park Loveland, CO 2004 "Fiesta" Clinton Presidential Library, Little Rock, AR 1999 "Wind" Southwestern Oregon Community College Coos Bay, OR 1991 "Wind" City of Bakersfield, City Center Project, Bakersfield, CA SELECT ACCOLADES: 1989 'John Cavanaugh Memorial Award', National Sculpture New York, NY Society 'John Cavanaugh Memorial Award', N. American Sculpture Golden, CO Exhibit 1988 'Award Winner', Bay Arts Burlingame, CA 1982 'Colorado Sculpture Award', N. American Sculpture Exhibit Golden, CO 1981 'Beyond Bronze Award', N. American Sculpture Exhibit Golden, CO SCULPTURE 5- ON ROLL BY JACK HILL Location: City of Downey planter on the east side of Downey Avenue, 0:.. Downey Avenue ABOUT THE SCULPTURE: The composition is of a banana on roller-skates. This vibrant piece echoes the light-hearted community of Downey while bringing attention to a healthy lifestyle by depicting diet and activity in a fun way. The enlargement will be cast in bronze and measure Eft tall. The patina will add a bright, bold sculpture to the space that visitors to downtown will enjoy. ARTIST STATEMENT: The ideas are born from observation of the human existence, in all its splendor and absurdity. The addition of my own whimsy and uncommon approach brings about an expression of life in the permanence of bronze. People are only one part of the whole planet and my anthropomorphic works are an exploration of the blending of man into various parts of the environment. With attention to anatomic detail and a tongue-in-cheek twist l wish to stimulate the imagination and, maybe, tickle the funny bone. When on stage l moved through a complete set of gestures and emotions, but in my sculpture, I try to capture a single moment in time, inviting the viewer to fill in the before and after with his own imagination and experience. It is this participation that complete the circle of the creative process initiated by my hands in clay. BRIEF BIO: Sculpture is not the first profession Jack Hill has embraced, although he has always worked in spatial art forms. Born in Rochester, N.Y. and trained in Syracuse, New York City, and Paris, France. Jack's successful career as a mime, magician, and ventriloquist spanned three continents and twenty-two years. Studying and performing with Marcel Marceau, touring with his own mime company, and as a solo act, he became adept at manipulating, shaping space and defining form. Jack's skills in wood carving, puppet making, and boat building blended to catalyze the epiphany he experienced at the sculpture studio of Randolph Johnson in the Bahama Islands. Creating dramatic imagery with the permanence of bronze became the new direction for his life. The techniques of the "lost wax" casting process,_ learned at a local foundry, opened the door to a new phase of three-dimensional expression. The theme of mermaids translated from early wood carvings grew more exciting and detailed in bronze. Classical antiquity influenced Jack's figures, but his whimsy and sense of humor also found expression in the growing body of sculpture. The work evolved and wonderfully unique images appeared in the shape of roller-skating bananas, pregnant pears, grinning watermelons, and weeping onions. The human form still prevails, but itis united with fruit, tools and other objects to create delightful and thought-provoking art. BRIEF RESUME: EDUCATION/ART RELATED EXPERIENCE: - 1998 -on Professional Artist 1998 Expand selling sculpture in art shows in the North and Midwestern US 1997 Begin selling my sculpture of mermaids at outdoor art shows 1995 Create first sculpture, "Descent" a mermaid Work at a local bronze foundry to learn technical side of casting. 1970-89 Perform with my company and as a solo, Mime, magic, and ventriloquism 1988 Visit the sculpture studio of Randolph Johnson, Little Harbor, Abaco, Experience an epiphany and decide to pursue sculpture. 1969 Study in Paris with Marcel Marceau ART -ON -LOAN PROGRAMS: Art on Parade Breckenridge, CO Dolphins on Parade Florida Keys, FL Avenue of Art Gilette, WY SELECT ACCOLADES` 2017 Best of Show Mt. Dora Art Fest., 2016 Best of Show St. John's River Art Festa 2015 Best of Show Under Oaks Best of Show Uptown Art Show, 3D Best of Show 40th Anniv. One Time Only Award Mainsail Art Fest. Best of Show Lake Mary Art Fest. 2014 Best of Show Winter Park Fall Art Fest. Best of Show Ocala Art Fest. 2013 Award of Excellence Award of Excellence Award of Excellence Award of Excellence 2012 Best of Show, Under the Oaks Art Fest. 2010 Award of Excellence, Boston Mills Art Fest. 2009 Best of Show New Smyrna Beach Art Fest Best of Show 2008 Best of Show 2007 Best of Show 2006 People's Choice Award, Summer Art Parade Deland, FL United States Florida Florida Keys Florida Keys United States, Europe, South America Bahamas Mt. Dora, FL Sanford, FL Vero Beach, FL Altamonte Springs. FL Gainesville, FL St. Pete, FL Lake Mary,- FL Winter Park, FL Ocala, FL Pensacola, FL Gainesville, FL Deland, FL Cocoa Beach, FL Vero Beach, FL Boston Mills, OH New Smyrna, FL Leesburg Art Fest. FL Marco Island, FL Celebration, FL Breckenridge, CO Paris, France AND J.K. DESIGNS, INC. DBA THE NATIONAL SCULPTOR'S GUILD TO DESIGN, FABRICATE AND INSTALL A WORK OF PUBLIC ART This Agreement is made and entered into this day of 2019 , by and between the CITY OF DOWNEY ("City"), a municipal corporation and charter city located at 11111 Brookshire Avenue, Downey, California, 90241, and J.K. Designs, Inc., a Colorado corporation doing business as The National Sculptor's Guild ("Artist"), located at 2683 North Taft Avenue, Loveland, CO 80538. RECITALS A. City desires to commission five (5) public art projects (the "Artworks") which are to be located at five different locations on Downey Avenue, City of Downey as described in Exhibit A (the "Sites"). B. The Community Development Department of City will manage the development of the Artworks in consultation with the Artist. C. The source of funds for the Artworks derive from funds made available through Art in Public PlacesProgram. D. Artist was selected by the City Council following a review and recommendation from the Downtown Downey Subcommittee. In view of the above recitals, the parties agree: SECTION 1. SCOPE OF SERVICES. 1.0 Artist shall perform those services specified in detail and in the location specified in the attached EXHIBIT A, entitled "ARTIST'S SERVICES," and referred to in this Agreement as "Artist's Services." 2.0. GENERAL, Artist is to complete Artist's Services according to the schedule set out in the attached EXHIBIT B, entitled "SCHEDULE OF PERFORMANCE." 2.1. TIME IS OF THE ESSENCE. It is understood that time is of the essence in the performance of Artist's Services under this Agreement. 2.2 FORCE MAJEURE.- A. For purposes of this Agreement, the term "Force Majeure" shall mean earthquake, fire, or other casualty, flood, landslide, epidemic, unforeseeable adverse weather, "acts of God," war, civil disturbance, court ordered injunction, intervention by civil or military authorities or government strikes, lockouts, boycotts, or other labor disputes, to the extent any of the foregoing are beyond the reasonable control of either City or Artist and which cause such party to be delayed or hindered in or prevented from the performance of any covenant or obligation under this Agreement other than the payment of money. B. If either Artist or City is delayed or prevented from the performance of any act required by this Agreement by reason of acts of Force Majeure, performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. 3.0. COMPENSATION. A. The maximum compensation to be paid to Artist ("Total Price") is set forth in the attached EXHIBIT C, entitled "COMPENSATION." The rate, schedule and method of payment also are set out in EXHIBIT C. Such payment shall constitute full and complete compensation for work performed and services rendered, including, but not limited to, professional services and reimbursable expenses, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals. Artist shall pay all wages, salaries, fees and other amounts due to employees or independent contractors in connection with their performance of Services under this Agreement and as required by law. B. In the performance of work to be fabricated and/or installed on the Sites, without limitation of any other provision of this Agreement, Artist shall be responsible to pay or cause to be paid, prevailing wages for all work under this Agreement, to the extent prevailing wage is applicable to the work to be fabricated and/or installed on the Sites. Artist shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the prevailing wage laws. If applicable, Artist shall be registered at with the Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance. 3.1. COST OVERRUN. In the event Artist incurs costs in excess of the maximum compensation set forth in EXHIBIT C, Artist shall pay such excess from Artist's own funds. City shall not be required to pay any part of such excess and Artist shall not have any claim against City on account of any cost overruns. 2 3.2. COST SAVINGS. If, after City issues the Notice to Proceed to Artist to proceed with fabrication of the Artworks as set forth in EXHIBIT A, City approves any modification of the Artworks Proposal or the Construction Documents, which results in cost savings such as, but not limited to, the deletion of an element of the Artworks, the substitution of lesser quality, quantity and/or cost materials with no offsetting upgrade of other materials, or the reduction in the Artworks' size, the cost savings attributable to the modification will not be paid to the Artist. 3.3. CITY'S RIGHT TO WITHHOLD PAYMENT. 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 City withholds any payment, City shall provide detailed written notice to Artist within fifteen (15) days of receipt of Artist's invoice, specifying the failure of performance for which City intends to withhold payment. Within fifteen (15) days of Artist's receipt of City's notice, Artist shall cure City's objection or if City's objections are not capable of cure within fifteen (15) days, Artist shall commence to cure City's objections and then promptly proceed to complete the cure. If Artist disputes City's determination that the Agreement's specifications have not been met, within fifteen (15) days of Artist's receipt of City's notice, Artist shall notify City in writing. In such event, City shall make reasonable efforts to resolve the dispute however, the final determination as to whether Artist has complied with the terms of this Agreement will remain with City. Any payments not in dispute shall be promptly paid to Artist. 3.4. NO WAIVER OF RIGHTS. No payment to Artist for any work performed or services rendered shall constitute a waiver or release by City of any claims, rights or remedies City may have against Artist under this Agreement or bylaw, nor shall such payment constitute a waiver, remission, or discharge by City of any failure or fault of Artist to satisfactorily perform the work as required under this Agreement. SECTION 4. CHANGES IN SCOPE, 4.0. ADDITIONAL SERVICE AUTHORIZATION. No services for which additional compensation will be charged shall be provided without prior written amendment to this Agreement signed by an authorized officer of City. SECTION 5. RESPONSIBILITIES OF THE ARTIST. - 5.0. COMPLIANCE WITH BUDGET CONSTRAINTS, Artist shall be responsible for providing services described in EXHIBIT A including, but not limited to, the quality and timely completion of the services without exceeding the total budget for the Artworks as set forth in EXHIBIT C. Artist shall, without additional compensation or draw from contingency amounts, correct or revise any errors, omissions, or other deficiencies in Artist's work. Artist shall be responsible for developing the Artworks' Design so that the Artworks can be constructed and installed without exceeding the total fabrication and installation budget of up to THREE HUNDRED TWENTY THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND 00/100 ($320,250.00). 5.1. PERSONNEL. Artist has, or will secure at Artist's expense, all personnel required to perform Artist's Services. All persons retained by Artist shall possess the requisite licenses and permits necessary to perform the work. 5.2 COORDINATION. Artist acknowledges that it is an essential element of the Artist's Services to coordinate with City, as well as Community, Development Department and other persons, designated by City, who may be involved with the development of the Artworks' design, fabrication and installation and City agrees that such persons will be made reasonably available to Artist for coordination and communication. Artist agrees to accept responsibility for the coordination with persons designated by City to be necessaryto complete Artist's Services. Artist also agrees to meet and communicate with other persons involved with the development of the Artworks as required by City to ensure proper coordination of the Artworks' Design. 5.3. TAX IDENTIFICATION NUMBER. No later than the date of Artist's execution of this Agreement, Artist shall provide City with Artist's Tax Identification Number and any proof of Artist's Tax Identification Number as requested by City. SECTION 6. CITY'S RESPONSIBILITIES. 6.0. SITES INFORMATION.; City shall be responsible for providing Artist, at no cost to Artist, copies of existing designs, drawings, reports, and other relevant existing data needed by Artist in order to perform Artist's Services. 6.1. SUPERVISION, City is under no obligation to supervise the Artist's performance of services which are described under this Agreement. 6.2. ARTWORKS IDENTIFICATION. City will cause and install identification for the completed Artworks, which will include the following `information: -Artist's name, year in which Artworks are completed, each Artwork's title, sponsorship partners (if any) and such other information as determined by City. Identification may be in the form of a plaque, brochure, audio identification, or other method that is consistent with identification throughout the remainder of the City property. SECTION 7. INDEPENDENT CONTRACTOR. 7.0. ARTIST AS INDEPENDENT CONTRACTOR. 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 4 or other benefits which accrue to City's employees, and Artist hereby expressly waives any claim Artist may have to any such rights. Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist will fulfill Artist's obligations under this Agreement. 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 8. ASSIGNABILITY. 8.0. ASSIGNABILITY OF CONTRACT. The parties agree that the expertise and experience of Artist are material considerations for this Agreement. Except as may be specifically authorized under this Agreement, Artist shall not assign or transfer any interest in this Agreement nor the performance of any of Artist's obligations hereunder, and any attempt by Artist to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by City. However, nothing in this section shall be deemed to prevent Artist, at Artist's sole expense, from relying on or utilizing the services of such other Artist or contractor as Artist may require to complete the Artist's Services. 8.1. CITY'S RIGHT TO ASSIGN CONTRACT. City shall have the right to assign or transfer any and all of City's rights and obligations under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of City. SECTION 9. INDEMNIFICATION BY ARTIST. 9.0. INDEMNIFICATION. 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. 9.1. 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 constitutes 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. • 1 N 10.0. INSURANCE. Artist, at Artist's sole cost and expense for the full term of this Agreement or any renewal thereof, agrees to maintain the policies set forth in the attached EXHIBIT D, entitled "INSURANCE REQUIREMENTS." All policies, endorsements, certificates and/or binders shall be subject to the approval by the Risk Manager of the City as to form and content. These requirements are subject to amendments or waiver if so, approved in writing by the Risk Manager. Artist agrees to provide City copies of said policies, certificates and/or endorsements before work commences under this Agreement. Ir r SECTION 12. TERMINATION. 12.0. TERMINATION WITHOUT CAUSE.. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist. Termination shall be effective thirty (30) days after Artist's receipt of City's termination notice. 12.1. TERMINATION WITH CAUSE. If Artist 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 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 shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 12.2 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 in EXHIBIT C. 12.3 REMEDIES. City's remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 12.4 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 termor condition contained herein or a waiver of any subsequent breach or violation of the same or any other termor condition. SECTION 13. COMPLIANCE WITH LAWS. - 13.0. COMPLIANCE. Artist shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 14. NONDISCRIMINATION. 14.0. 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 15. ARTIST'S WARRANTY. 15.0. Artist represents and warrants that: A. Prior to transfer of title of the Artworks to the City, Artist is the sole and absolute owner of the Artworks and the Artworks' Design, and the copyrights pertaining to the Artworks, and all the rights associated or relating to it. B. Artist has not previously sold, assigned, licensed, granted, encumbered, or utilized the Artworks' Design or any element thereof, in any manner which may affect or impair the rights granted pursuant to this Agreement including without limited to, inhibiting the City's ability to show the work, reproduce the Artworks as defined in Section 16, or maintain/conserve the work into the future. C. All Artworks created or performed by Artist under this Agreement, whether created by Artist alone or in collaboration with others, shall be wholly original with Artist and shall not infringe upon or violate the rights of any third party. D. Artist has acquired all rights to any third -party software or other component of the Artworks necessary for the operation of Artworks. E. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement. F. All services performed hereunder shall be performed in accordance with EXHIBIT A with all necessary care, skill, and diligence. G. Artist warrants that the Artworks are the result of the artistic efforts of Artist and that it will be delivered full and clear of any liens, claims and encumbrances of any type. H. These representations and warranties shall survive the termination or other extinction of this Agreement. 15.1 Artist warrants that the design of each of the Artworks is an edition of one, and that neither Artist nor Artist's agent will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions and materials as the Artworks. Nothing, however, 7 shall prevent Artist from making future works in his or her style and manner of expression. This warranty shall continue in effect for the duration of the Artworks' copyright protected status and shall be binding on Artist and Artist's heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual person comprising Artist team. Recognizing that City has no adequate remedy at law for Artist's violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist's breach. SECTION 16. INTELLECTUAL; PROPERTYRIGHTS AND LICENSEFEPOOUCION AND PUBLICITY RIGHTS. 16.0 COPYRIGHT. A. Except as provided in this Agreement, Artist shall retain all copyrights in the Artworks. Artist's copyright shall not extend to predominantly functional aspects of the building or Sites that may be incorporated into Artworks or which are in the area of the Artworks, such as the flooring, walls and other fixtures and features of the Sites, furnishings, or other similar objects located at the Sites. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the Artworks. B. Artist may, at Artist's option, place a copyright notice on the Artworks in the form and manner required to protect copyrights in the Artworks under United States copyright law. If the copyright is registered with the U.S. Copyright Office, _ Artist shall provide City with a copy of the application for registration, the registration number and the effective date of registration. 16.1 DISPLAY/DISPOSAL.. Artist grants City the following exclusive rights: A. City shall have the right to display the Artworks and to loan the Artworks to others for the purpose of public display. B. City shall have the right to move, remove, relocate or dispose of the Artworks as specified below in Section 20. 16.2 DISCLOSURE AND ASSIGNMENT OF INNOVATIONS. A. Innovations` City Innovations. "Innovations" includes processes, machines, compositions of matter, improvements, inventions (whether or not protectable under patent laws), works of authorship, information fixed in any tangible medium of expression (whether or not protectable under copyright laws), moral rights, mask works, trademarks, trade names, trade dress, trade secrets, know-how, ideas (whether or not protectable under trade secretlaws), and all other subject matter protectable under patent, copyright, moral right, mask work, trademark, trade secret or other laws, and includes without limitation all new or useful art, combinations, discoveries, formulae, manufacturing techniques, 8 technical developments, discoveries, artwork, software, and designs.- "City Innovations" are Innovations that Artist, solely or jointly with others, conceives, reduces to practice, creates, derives, develops or makes within the scope of Artist's work for City under this Agreement. B. 'Disclosure and Ownership of Citylnnovations. Artist agrees to make and maintain adequate and current records of all City Innovations; which records shall be and remain the property of Artist. Artist agrees to promptly disclose to City every City Innovation. Artist hereby does and will assign to City or City's designee Artist's entire worldwide right, title and interest in and to all City Innovations and all associated records and intellectual property rights. C. Assistance. Artist agrees to execute upon City's request a signed transfer of City Innovations to City in the form set forth in EXHIBIT E at the time this Agreement is executed by Artist for each of the City Innovations, including, but not limited to, computer programs, notes, sketches, drawings and reports. Artist agrees to assist City in any reasonable manner to obtain, perfect and enforce, for City's benefit, City's rights, title and interest in any and all countries, in and to all patents, copyrights, moral rights, mask works, trade secrets, and other property rights in each of the City Innovations. Artist agrees to execute, when requested, for each of the City Innovations (including derivative works, improvements, renewals, extensions, continuations, divisionals, continuations in part, or continuing patent applications thereof), (i) patent, copyright, mask work or similar applications related to such City Innovation, (ii) documentation (including without limitation assignments) to permit City to obtain, perfect and enforce City's right, title and interest in and to such City Innovation, and (iii) any other lawful documents deemed necessary by City to carry out the purpose of this Agreement. If called upon to render assistance under this paragraph, City will be entitled to a fair and reasonable fee in addition to reimbursement of authorized expenses incurred at the prior written request of City. In the event that City is unable for any reason to secure Artist's signature to any document Artist is required to execute under this Paragraph ("Assistance"), Artist hereby irrevocably designates and appoints City and City's duly authorized officers and agents as Artist's agents and attorneys -in -fact to act for and in Artist's behalf and instead of Artist, to execute such document with the same legal force and effect as if executed by Artist. D. Public Records Re nests. Any documents provided by Artist to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws and policies, including the California Public Records Act. 16.3 THIRD PARTY INFRINGEMENT. City is not responsible for any third -party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist or its contractors/subcontractors. 9 SECTION 17. VARIABLE MEDIA ARTWORKS GUIDELINESANDADDITIONAL WARRANTIES 17.0 APPLICABILITY. The provisions of this Section 17 apply if the Artworks involve or incorporate electronic, digital, video, mechanical, living, variable, moving or other dynamic components ("Variable Media Component") and shall be in addition to and without limitation of, any warranties, rights otherwise provided to City by Artist herein. 17.1 VARIABLE MEDIA GUIDELINES. Artist shall also provide the City with written recommendations for translating the Artworks into new media or replacing elements of the Artworks in the event that the original medium, components and/or the Artists' installation plan become obsolete during the life of the Artworks ("Variable Media Guidelines"). Although the City is not required to comply with such Variable Media Guidelines, the City may take such Guidelines into account when maintaining the Artworks or trying to preserve the integrity of the Artworks. 17.2 WARRANTY AGAINST INFRINGEMENT. Artist warrants that the Artworks, including without limitation, any software included to operate or display the Artworks, does not violate or infringe upon any patent, copyright, trade secret, or other proprietary rights of any other person or entity. Artist agrees to hold the City harmless from any liability and to defend and indemnify the City, at Artist's sole expense, in the event that a claim is filed or a suit is brought against City or any of its officers, employees, or authorized agents, for the use or display of the Artworks due to a patent or copyright infringement Artist further agrees that if the Artworks or any component thereof is found to be infringing while on display. Artist shall promptly: A. Modify the Artworks, at Artist's expense, so that it becomes non -infringing, or B. Replace the infringing element of the Artworks including without limitation software, with equal non -infringing items, at Artist's expense, or C. Procure, at Artist's expense, the necessary licenses for the City to continue using and displaying the Artworks. 17.3 WARRANTY OF ACCEPTABLE STANDARD OF DISPLAY AND OPERATION FOR VARIABLE MEDIA COMPONENTS. Artist represents and warrants that during the warranty period set forth in Section 21, the Artworks will conform with the design specifications approved by City and, where Artworks involves Variable Media Components, the Artworks will also operate, function or perform in accordance with Artist's representations to the City without any costs beyond the final Budget for the Artworks or any additional staff assistance beyond what has specifically been agreed to by City in the approved specifications, and including reasonable costs for electrical power for the Artworks. 17.4 THIRD PARTY WARRANTIES AND LICENSES Artist shall procure, on City's behalf, all licenses and maintenance agreements from third party software developers or providers used in the 10 Artworks and referred to as "Third Party Software" and required to operate or display the Artworks, in a form transferable to City and acceptable to City. Artist shall transfer the license and maintenance agreements for the Third -Party Software to City upon City's acceptance of the Artworks. Artist shall obtain from all suppliers of the equipment and the Third Party Software used to design, fabricate and install the Artworks, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the Artworks, including all such machinery, equipment, materials and other items which are incorporated into the Artworks. Artist shall obtain from each such supplier guarantees and warranties which are assignable to City and shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from such suppliers covering a longer period than a one year warranty period if commercially available at City's expense. Artist shall enforce all guarantees and warranties until such time as such guarantees or warranties expire or are, if applicable, transferred to City as contemplated by this Section. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City upon acceptance of the Artworks. Artist shall deliver to City copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section shall reduce the obligation of Artist to provide the City with the guarantees and warranties described in this Agreement, and to comply with the provisions of this Agreement. SECTION 18. ARTIST'S BOOKS AND RECORDS. 18.0. MAINTENANCE OF RECORDS. Artist shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Artist pursuant to this Agreement. Artist shall maintain all documents and records which demonstrate performance under this Agreement fora minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. 18.1. AUDIT. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at anytime during regular business hours, upon written request by the City Finance Director, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Artist's address indicated for receipt of notices in this Agreement. 18.2. CUSTODY OF RECORDS. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Artist's business, City may, by written request by any of the above-named officers, require that custody of the 11 records be given to City and that the records and documents be maintained in City Hall Access to such records and documents shall be granted to any party authorized by Artist's, Artist's representatives, or Artist's successors -in -interest. SECTION 19. ARTIST'S WAIVERS. 19.0 Artists Waivers A. 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 rights under Act apply, if at all, to the following uses of Artworks: (i). City shall have the right to reproduce Artworks as provided in this Agreement. (ii). City shall have the right to move, relocate or remove Artworks from the intended location and to store or dispose of Artworks as City deems appropriate. (iii). City shall have the right to loan the Artworks as City deems appropriate as further provided in Section 16.1 above, and in Section 20.2 below. B. Artist further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist's rights to the Artworks, Artist expressly waives such rights. SECTION 20. REPUTATION AND CREDIT. 20.0. COMMITMENT BY CITY. City agrees that unless Artist requests to the contrary in writing, all references to the Artworks and all reproductions of the Artworks will credit the Artworks to Artist. 20.1. ARTIST'S COMMITMENT. Artist agrees that all formal references to each of the Artworks made or authorized to be made by Artist shall include the following credit: "Collection of the City of Downey Public Art Program," or other language agreed to by all parties. 20.2. FUTURE MODIFICATION OR RELOCATION. A. City has the right to remove the Artworks from their respective Sites at any time. In addition, in the event that any element of the Artworks constitutes a public safety hazard, City has the right to remove the element posing the public safety hazard. B. Except to the extent permitted by subsection A above, City agrees not to intentionally modify the Artworks without first obtaining Artist's written consent. C. City shall have the right to donate or sell the Artworks at any time. Before exercising this right, City, by written notice to Artist at Artist's last known address, agrees to give Artist the opportunity to purchase the Artworks for the greater of the Total Price or the amount of any offer which City has received for the purchase of the Artworks, plus all costs associated with the removal of 12 the Artworks from the Sites, clean-up of the Sites and delivery to Artist. Artist shall have thirty (30) days from the date of City's notice to exercise the option to purchase the Artworks. D. If City moves the Artworks from its originally installed location without Artist's oversight, Artist shall not be held responsible for the structural integrity or safety of the Artworks to the extent that City's action impaired the structural integrity or safety of the Artworks, nor shall Artist be held responsible for code compliance of the Artworks to the extent that City's action rendered the Artworks non-compliant with applicable codes. E. Artist's rights under this Agreement cease with Artist's death and do not extend to Artist's heirs, successors or assigns. 21.0. Artist warrants that the Artworks and workmanship will be free of defects in workmanship, including Inherent Vice, and that the Artist will, at the Artist's own expense, remedy any defects due to faulty workmanship, or Inherent Vice, which appear within a period of three years from the date the Artworks are formally accepted. If the Artworks should deteriorate because of Inherent Vice within three years from the date the Artworks is formally accepted, Artist will repair or replace the Artworks without charge for Artist's services in supervising the work of others or for repairing the work that they originally performed on the Artworks and Artist will pay for the cost of labor rendered by persons other than the Artist, materials and supplies. The term "Inherent Vice" means any quality within the material or materials incorporated into the Artworks which, either alone or in combination, results in the deterioration of the Artworks. Inherent Vice does not include any potential for deterioration that is specifically identified in the Final Proposal. 21.1. NO THREAT. Artist further warrants that the Artworks shall not constitute any threat to the safety of persons or property when used in the manner for which itis designed. Artist agrees to cooperate with City in making or permitting adjustments to the Artworks if necessary, to eliminate hazards which become apparent after the Artworks are accepted by City. 21.2. SURVIVAL. These representations and warranties shall survivethe termination or other extinction of this Agreement. SECTION 22. MAINTENANCE. 22.0. REPAIRS AND RESTORATION. City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Artworks will be made. It is the policy of City to consult with Artist regarding repairs and restoration which are undertaken during Artist's lifetime when that is practicable. In the event that City makes repairs or restoration not 13 approved by Artist, Artist shall have the right, at Artist's sole option, to have Artist's associationwith Artworks severed 22.1. STANDARDS OF REPAIR AND RESTORATION. All repairs and restorations, whether performed by Artist, City, or by third parties responsible to Artist or City, shall be made in accordance with professionally recognized principles of conservation of artworks and in accordance with the maintenance instructions provided to City by Artist pursuant to EXHIBIT A. 23.0. Artist shall avoid all conflict of interest or appearance of conflict of interest in performance of this Agreement. SECTION 24. GIFTS. 24.0. Artist agrees not to offer any City officer, official, employee any gift prohibited by the City's conflict of interest code and State law. The offer or giving of any gift shall constitute a material breach of this Agreement by Artist. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 12 of this Agreement. SECTION 25. WAIVER, 25.0. Artist agrees that waiver by City 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. The acceptance by City of the performance of any work or services by Artist shall not be deemed to be a waiver of any term or condition of this Agreement. SECTION 26. SPECIAL PROVISIONS. 26.0. Special provisions, if any, to this Agreement are specified in the attached EXHIBIT E, entitled, "SPECIAL PROVISIONS". SECTION 27. NOTICES. 27.0. Submittals, requests, notices and reports (collectively "Notices") required under this Agreement shall be delivered personally or through the mail, postage prepaid, to the addresses stated below, or to any other address as maybe noticed by a party. Notices may also be sent by facsimile to the facsimile numbers set forth below. 14 9 Alyson Kinkade National Sculptors' Guild 2683 North Taft Avenue Loveland, CO 80538 (970) 667-2015 City of Downey 11111 Brookshire Avenue Downey, California 90241 Phone: (562) 904-7286 Fax: (562) 923-6388 Attn: City Manager City of Downey City Attorney's Office 11111 Brookshire Avenue Downey, California 90241 Notices will be deemed effective on the date personally delivered, emailed or sent by courier service. Notices which are mailed will be deemed effective three (3) days after deposit in the mail. 27.1 Artist agrees for the duration of Artist's life to provide City with Artist's current mailing address and facsimile number in the event Artist's address or facsimile number, as specified above, should change. If Artist fails to provide City with timely updates on changes to Artist's contact information, Artist shall be considered to have waived Artist's right to notice under this Agreement. SECTION 28. VENUE/GOVERNING LAW. 28.0. VENUE. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the state court of the County of Los Angeles or if federal jurisdiction inappropriate, exclusively in a United States District Court for the Central District of California, Los Angeles, California. 15 28.1. GOVERNING LAW. The laws of the State of California shall govern this Agreement. Except to the extent that federal law is applicable, this Agreementmustbeconstrued- and its performance enforced under California law. 29.0. The captions of the sections or paragraphs of this Agreement are for convenience only. They shall not be used in construction of this Agreement. SECTION 30. PRIOR AGREEMENTS AND AMENDMENTS. 30.0. ENTIRE AGREEMENT. This Agreement, including all of its attachments, 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. 31.0. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 32. REFERENCE TO CITY. - 32.0. 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. SECTION 33. NO RELIGIOUS OR POLITICAL ADVOCACY. 33.0 Artist agrees that no work or services funded by this Agreement shall inhibitor promote religion and furthermore that the work or services funded by this Agreement must not be used to convey a religious message. Any portion of the compensation used in contradiction to the provisions of this Section shall be deemed a disallowed cost. 16 CITY OF DOWNEY, rA and charter city By: Rick Rodriguez, Mayor Maria Alicia Duarte, CIVIC, City Clerk . .. ....... . " -YNAte-%Lt b i r* -•-F ey' JX Designs, a Colorado Corporation -ell• By: Alyson Kinkade, President offill CITY OF DOWNEY, •' m-wei-F, . . By: Rick Rodriguez, Mayor mm 'Y&6tte M. Abich Garcia, City Attorney a Colorado Corporation 0&vffer i -f1W&-36Ccdh-em By: Alyson Kinkade, President John W. Kinkade, Secretary 17 EXHIBIT A ARTISTS' SERVICES Artist shall perform the following services (6 Artworks in total) to the satisfaction of City and within the deadline set forth in EXHIBIT B. Title: A Different Perspective Artist: Jane DeDecker Location: City of Downey planter at the southwest corner of Downey Avenue and 2nd Street Part 1. SITE SELECTION. • The Site has been selected by the City as noted above. The Artist agrees to work with the City in the development of the site plan. Part 2.. CONCEPT DESIGN This figurative artwork depicts a young man balancing on his hands. The sculpture is textural in the manner that the artist's hand sculpted the clay is present; expressionistic in style. This work is visually dynamic from all angles as the composition continually leads the eye around. Please see attached photo Life -Size, approximately Eft x"aft x 3ft • Single sculpted element • Cast in Museum -quality silicon bronze • Warm brown with green wash patina • Finished with wax Part 3. STRUCTURAL ENGINEERING • The Artist shall submit Stamped StructuralEngineering outlining requirements for footings and installation. • All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. 18 Part 4. APPROVAL OF CLAY • The Artist shall submit photographs of the completed clay enlargement to the City for approval The City may visit the Artist's studio at any time during the creation of the clay sculpture. Part 5. FABRICATION • The Artist shall fabricate the artwork in museum quality bronze. • The piece will be completed with a wax coat finish. The wax coat finished will be reapplied each year as part of the annual maintenance, which will also serve as the best method to combat graffiti to the piece. Part 6. INSTALLATION AND COMPLETION 4 The Artist shall notify the City in writing when fabrication of the Artwork is completed, and the Artist is ready to deliver the Artwork and install it at the Site. a The Artist shall coordinate with the City in the development of the plan for the site. The Artist shall deliver and install the completed artwork at the site. The City has acknowledged they may be able to assist with footings; it is understood that all other aspects of the installation of the artwork will be the responsibility of the Artist. This includes, transport, crane and related equipment, labor charges, hardware and epoxy. • Installation shall be as non-invasive to the site and surroundings as possible. Details are to be determined by engineering specific to the site. Typically, an epoxy and expansion bolt system. 19 Artwork 1: From A Different Perspective by .lane DeDecker (maquette snown) 20 Artist- Joe Norman Location- City of Downey planter at the southeast corner of Downey Avenue and 2nd Street Part 1. SITE SELECTION. The Site has been selected by the City as noted above. The Artist agrees to work with the City in the development of the site plan. Part 2. CONCEPT DESIGN As the viewer approaches the towering architectural artwork they will see colorful linear elements that depending on the angle either the form of a tower of butterflies or the words "Homeward" take shape and become clear. a Please see attached photo • Monumental, approximately 12ft x aft x 3ft •'` Single sculpted element • Fabricated in Stainless Steel with Automotive grade paint • Golden hues with peeks of undercoat and brushed darkened stainless steel in areas • Finished with a clear -coat sealer Part 3. STRUCTURAL ENGINEERING • The Artist shall submit Stamped Structural Engineering outlining requirements for footings and installation. All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. Part 4. FABRICATION •- The Artist shall fabricate the artwork in Stainless Steel. The City may visit the Artist's studio at any time during the creation of the sculpture. This piece will be completed with a clear -coat finish. This clear -coat finish will be re-applied each year as part of the annual maintenance agreement, which will also serve as the best method to combat graffiti to the piece. 21 Part 5. INSTALLATION AND COMPLETION • The Artist shall notify the City in writing when fabrication of the Artwork is completed, and the Artist is ready to deliver the Artwork and install it at the Site. • The Artist shall coordinate with the City in the development of the plan for the site. The Artist shall deliver and install the completed artwork at the site. • The City has acknowledged they may be able to assist with footings; it is understood that all other aspects of the installation of the artwork will be the responsibility of the Artist. This includes, transport, crane and related equipment, labor charges, hardware and epoxy. • Installation shall be as non-invasive to the site and surroundings as possible. Details are to be determined by engineering specific to the site. Typically, an epoxy and expansion bolt system. 22 23 MasonicLocation: City of Downey planter on the southern side of the drive -way apron entry to the Downey United ••r- 220 at 8244 3 Id Street Part 1. SITE SELECTION. • The Site has been selected by the City as noted above. The Artist agrees to work with the City in the development of the site plan. Part 2. CONCEPT DESIGN • A depiction of two figures in the shape of a heart. The figures glance into each others' eyes as they extend to hold one hand and lean back, feet touching; in a dance -like position. The sculpture is textural in the manner that the artist's hand sculpted the clay is present; expressionistic in style. • Please see attached photo • Life -Size, Eft x 7ft x 2ft • Single sculpted element (two figures) • Cast in Museum -quality silicon bronze Warm brown with green wash patina Finished with wax Part 3. STRUCTURAL ENGINEERING The Artist shall submit Stamped Structural Engineering outlining requirements for footings and installation All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. Part 4. FABRICATION The Artist shall fabricate the artwork in museum quality bronze. The City may visit the Foundry at anytime during the creation of the sculpture. The piece will be completed with a wax coat finish. The wax coat finished will be reapplied each year as part of the annual maintenance, which will also serve as the best method to combat graffiti to the piece. 24 Part 5. INSTALLATION AND COMPLETION •. The Artist shall notify the City in writing when fabrication of the Artwork is completed, and the Artist is ready to deliver the Artwork and install it at the Site. • The Artist shall coordinate with the City in the development of the plan for the site. The Artist shall deliver and install the completed artwork at the site. • The City has acknowledged they may be able to assist with footings; it is understood that all other aspects of the installation of the artwork will be the responsibility of the Artist. This includes, transport, crane and related equipment, labor charges, hardware and epoxy. • Installation shall be as non-invasive to the site and surroundings as possible. Details are to be determined by engineering specific to the site. Typically, an epoxy and expansion bolt system. 25 Artwork 3: My Heart is in Your Hands by Jane DeDecker (shown in clay) 26 Title: Infinite Dance Location: City of Downey planter on the West sideDowney Avenue, adjacent of Downey Part 1. SITE SELECTION. The Site has been selected by the City as noted above. The Artist agrees to work with the City in the development of the site plan. Part 2. CONCEPT DESIGN This sculpture depicts a female figure atop a large ring, joyfully dancing. She has one foot grounded on the ring, while the other leg bends at the knee, her hands raised up and her glance toward her right. The style is abstract, with a highly stylized, smooth finish. The figure is linear and `flat' while still exemplifying mass. Her clothing is cloak -like. • Please see attached photo • Monumental, overall 14ftx 7ft x 4ft, figure measures 7ftx 4.5ftx 2.5ft, ring measures 7ft diameter. • Bingle sculptural element • Figure: Cast in Museum -quality silicon bronze, Ring: Fabricated stainless steel • Warm brown with golden highlight patina • Finished in wax Part 3. STRUCTURAL ENGINEERING The Artist shall submit Stamped Structural Engineering outlining requirements for footings and installation All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. Part 4. FABRICATION • The Artist shall fabricate the artwork in museum quality bronze and stainless steel. The City may visit the Foundry at any time during the creation of the sculpture. The piece will be completed with a wax coat finish. The wax coat finished will be reapplied each year as part of the annual maintenance, which will also serve as the best method to combat graffiti to the piece. 27 Part 5. INSTALLATION AND COMPLETION • The Artist shall notify the City in writing when fabrication of the Artwork is completed, and the Artist is ready to deliver the Artwork and install it at the Site. • The Artist shall coordinate with the City in the development of the plan for the site. The Artist shall deliver and install the completed artwork at the site. • The City has acknowledged they may be able to assist with footings; it is understood that all other aspects of the installation of the artwork will be the responsibility of the Artist. This includes, transport, crane and related equipment, labor charges, hardware and epoxy. • Installation shall be as non-invasive to the site and surroundings as possible. Details are to be determined by engineering specific to the site. Typically, an epoxy and expansion bolt system. RK Artwork 4: Infinite Dance by Carol Gold 29 Title. On a Roll Artist: Jack Hill Part 1. SITE SELECTION. The Site has been selected by the City as noted above. The Artist agrees to work with the City in the development of the site plan. Part 2. CONCEPT DESIGN • The composition is of a banana on roller-skates. An anthropormorphic sculpture, surrealist in approach. The sculpture is purely based on imagination of what a banana would look like if personified. Two of the three peeled parts turn into human -looking feet. The last looks like a flowing piece of fabric, giving more sense of movement.Sculpted in smooth, refined manner down to the Old -School roller skates. • Please see attached photos • Monumental, approximately Eft x 4ft x 3ft • Single sculpted element • Cast in Museum -quality silicon bronze • Vibrant Yellow (banana -like) patina with red and silver highlights • Finished in wax Part 3. STRUCTURAL ENGINEERING • The Artist shall submit Stamped Structural Engineering outlining requirements for footings and installation. All aspects of the design, construction and installation of the artwork will follow certified structural engineering plans and the placement will comply with ADA requirements. We intend to utilize local contractors wherever appropriate. Part 4. APPROVAL OF CLAY • The Artist shall submit photographs of the completed clay enlargement to the City for approval. The City may visit the Artist's studio at any time during the creation of the clay artwork. 30 Part 5. FABRICATION • The Artist shall fabricate the artwork in museum quality bronze. The piece will be completed with a wax coat finish. The wax coat finished will be reapplied each year as part of the annual maintenance, which will also serve as the best method to combat graffiti to the piece. Part 6. INSTALLATIONAND COMPLETION The Artist shall notify the City in writing when fabrication of the Artwork is completed, and the Artist is ready to deliver the Artwork and install it at the Site. • The Artist shall coordinate with the City in the development of the plan for the site. The Artist shall deliver and install the completed artwork at the site. • The City has acknowledged they may be able to assist with footings; it is understood that all other aspects of the installation of the artwork will be the responsibility of the Artist. This includes, transport, crane and related equipment, labor charges, hardware and epoxy. • Installation shall be as non-invasive to the site and surroundings as possible. Details are to be determined by engineering specific to the site. Typically, an epoxy and expansion bolt system. 31 Artwork 5: On a Roll by Jack Hill (maquette shown) 32 All maintenancework for each Artwork is performed on each of the Sites. Approximate start date is January 2021, and schedule will be determined between J.K.-Designs, Inc. and the City of Downey. Maintenance Work Includes. 1. Cleaning sculptures with non-ionic soap and potable water. Artist will use a power washer (3500 psi) to rinse sculptures off, this will remove dust, dirt so that when Artist hands wash the Artworks with non-ionic soap, and Artist is not sanding the surface with dirt granules. Artist will be using a soft, nylon bristle brush and clean cotton rags to clean the Artworks. Artist will make sure that the bucket of soapy water remains clean. Artist will power wash the Artworks a second time to rinse the soap off the sculptures. 2. Artist will clean the base and name plaques of each Artwork. 3. Before Artist applies the wax, Artist will towel dry the wet sculptures and use a blower to remove the water from the crevices or folds. Artist will not place wax over any amount of water. 4. Artist will make sure that all weep holes are unclogged and opened. Artist will look for any structural problems and cracks in the Artworks. Often older Artworks begin to hold water and Artist will evaluate whether or not this trapped water will cause damage to the Artworks, if so we drill a small hole in the sculpture to release the water. 5. Cold Waxing Artworks. Please note that Cold Waxing is not an easy process because it one must be very careful not to over wax and leave small chunks of wax in crevices that turn white within time. We will use waxes, such as, MinWax, Bowling Wax, or Renaissance Wax. All Artworks will be buffed with a dry cotton towel. 6. Hot Waxing: Using a Gross Propane Torch and monitoring the heat with a pyrometer gauge to monitor the heat, Artist will warm the assigned- bronzes, keeping the heat temperature evenly throughout the Artworks. We will apply the wax as we heat the Artworks. The wax is a recipe by conservators. All Artworks will be buffed with a damp cotton towel. 7. Stainless Steel Artworks will be power washed and sprayed with a rust remover;; 8. Powered Coated Artworks will be cleaned, dried, cleaned with a 3-M light rubbing compound, and then waxed with 3-M polish conditioner. 9. Rusted steel Artworks will be washed only with low psi water pressure. 33 10. All Artworks will be photographed and documented. 11. If incidents such as graffiti or vandalism occur, the Artist requests the City to contact the Artist to come out to the site and treat the Artwork depending on the circumstance. Itis important to not use paint -thinners or other chemicals to remove the graffiti or vandalism, as it can damage the patina finish or the in some cases, the metal. MATERIAL and TOOLS used: soft nylon bristle brush, potable water, dawn dish soap, non-ionic, pressure washer, wax, Goss propane torch, propane tank, white china bristle brushes for wax, cotton towels and ladders. 34 EXHIBIT B L'ff V!AKII120 - - •ku . .. .... . . .... July 10, 2019 to July 25, 2019 ittal of Stamped Structural Engineering and f of Insurance July 10i 2019 to November 15, 2019 November 15, 2019 to November 30, 2019 Molds created from clay once approved November 15, 2019 to May 15, 2020 Casting •I sculpture in bronze at foundry May 15, 2020 to June 25, 2020 Finishing of metal and patina application ite repara • n coor•na ion w e y June 25, 2020 to July 10, 2020 Crating and •• of • J ul y 10, 2020 -MEZMM2•' • July 10, 2019 to July 25, 2019 Submittal • i-• Structural Engineering and Proof of Insurance July 10, 2019 to July 31, 2019 Waterjet Cutting • Stainless Steel .................... Fabrication of sculpture at studio --------------- September 1 j 2019 to OR–o&-WT,-2-01!�­ Finishing of metal and paint application September 1, 2019 to October 1, 2019 Site Preparation in coordination With the City October 1 2019 to October 15, 2019 Crating and Transport of Sculpture October 15, 2019 Installation of the sculpture M Artwork 3: My Heart is in Your Hands by Jane DeDecker -------- - - ------------- - - - TIMELINE TASK July 10, 2019 to July 25, 2019 Submittal of Stamped Structural Engineering and Proof of Insurance July 10, 2019 to February 25, 2020 Casting of sculpture in bronze at foundry February 25, 2020 to April 30, 2020 Finishing of metal and patina application February 25, 2020 to April 30, 2020 Site Preparation in coordination with the City April 30, 2020 to May 15, 2020 Crating and Transport of Sculpture May 15, 2020 Installation of the sculpture July 10, 2019 to July 25� 2019 Submittal of Stamped Structural Engineering and •• • Insurance July 10, 2019 to -• 25, 2020 Casting • sculpture in bron e at foundry uy 19 to August 15, 2019 Fabrication of Stainless -Steel Ring - - ------- - --- - - February 25, 2020 to April 30, 2020 February 25, 2020 to April 30, 2020 Site Preparation in coordination with the City April 30, 2020 to May 15, 2021 g and •• • Sculpture May 15, 2020 Installation of the sculpture -- TIMELINE TASK July 10, 2019 to July 25, 2019 Submittal of Stamped Structural Engineering and Proof of Insurance July 10, 2019 to November 15, 2019 Creation of the life size clay enlargement at studio November 15, 2019 to November 30, 2019 Molds created from clay once approved November 15, 2019 to May 15, 2020 Casting of sculpture in bronze at foundry May 15, 2020 to June 25, 2020 Finishing of metal and patina application May 15, 2020 to July 10, 2020 Site Preparation in coordination with the City June 25, 2020 to July 10, 2020 Crating and Transport of Sculpture July 10, 2020 Installation of the sculpture 36 EXHIBIT C • 1. Fee. Artist's fee for the five (5) Artworks, including Design, Fabrication and Installation and expenses relating thereto, shall not exceed the sum of THREE HUNDRED TWENTY THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND 00/100 ($320,250.00). 2. Interim Payrnents.-City agrees to pay Artist in installments as set forth in the schedule below and in accordance with the terms of Section 3 of this Agreement. 3. Pavment Schedule. • One-half (50%) One Hundred Ninety -Nine Thousand Seven Hundred Fifty Dollars 00/100 ($160,125.00) upon execution of the Agreement (anticipated on or before July 10, 2019. • On or before September 1, 2019, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687.50): • On or before November 1, 2019, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687.50). • On or before January 1, 2020, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687.50). • On or before March 1, 2020, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687.50). • On or before May 1, 2020, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687:50). • Upon installation anticipated to be no later than July 10, 2020, Twenty -Six Thousand Six Hundred Eighty -Seven Dollars 50/100 ($26,687.50). 4. Fabrication and Installation, Payment Schedule for Artworks. City shall pay Artist for the costs and expenses identified in the Artworks Budget as developed based on EXHIBIT A. Artist shall submit invoices for the costs and expenses outlined in the Budget and shall also submit documentation required regarding payment of prevailing wages, if any ("Documentation Provision"). The City may make incremental payments of budget line items to facilitate fabrication and installation, at the discretion of the City's Art Project Manager. The form of the invoice shall be subject to the approval of the City's Art Project Manager. Artist may adjust the line items within the Fabrication and Installation budget with the prior written approval of City's Art Project Manager, which approval will not be unreasonably withheld. 5. Reimbursables: City will not make any additional payment for Artist's expenses. 6. In the event "that the City determines that work for which it has received a request for payment does not meet specifications required under this Agreement, City in its sole discretion shall have the right to withhold such payment until such deficiency has been corrected. In such event, City shall provide detailed written notice to Artist within ten (10) days of receipt of such request for payment, specifying the failure of performance for which City intends to withhold payment. Artist shall work to cure such failure of performance in order to meet the Agreement standards to the satisfaction of City. 37 7. Notwithstanding the foregoing, Artist expressly acknowledges that approval of work to permit an interim payment is solely for the benefit of Artist. Unless and until the City issues a Notice of Acceptance for the Artworks, no interim approval shall constitute acceptance or approval of the Artworks by City nor shall it be construed as a waiver of City's right to require that the Artworks conform strictly to the Final Proposal and to the Plans. 8. Pursuant to California Revenue and Taxation Code Section 6365, the City's payment for the Artworks is exempt from sales taxes imposed under the California Revenue and Taxation Code. 9. The parties agree that the Schedule for Payment set forth above may be modified only upon prior written authorization of City's Director of Economic Development or Project Manager. 10. Annual maintenance for five (5) Artworks: $2,400.00 flat rate*. • Sculpture 1. Once a Year Maintenance: Clean and Wax Condition Cost: $500.00 flat rate per year • Sculpture 2. Once Year Maintenance. Wash, Dynaflux Cost: $200.00 flat rate per year • Sculpture 3. Once Year Maintenance; Clean and Wax Condition Cost: $600.00 flat rate per year • Sculpture 4. Once a Year Maintenance Clean and Wax Condition Cost: $600.00 flat rate per year • Sculpture 5. Once a Year Maintenance': Clean and Wax Condition Cost: $500.00 flat rate per year *Costs are subject to change due to unforeseen increases in materials, fuel, and/or labor (cost of living). Any such changes will be submitted in writing for review. Any additional conservation work, and/or work requiring removal and reinstallation of the sculpture (i.e., repatina or metal work repair) will be submitted for review prior to being done. 38 EXHIBIT D I. Time for Compliance. Artist shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Artist shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances. IL Minimum Pegu rements. Artist shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Artist, its agents, representatives, employees or subcontractors. Artist shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Artist owns no autos, Code 8 (hired) and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer's Liability Insurance. (B) Minimum Limits of Insurance. Artist shall maintain limits no less than (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation: Workers' "Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer's Liability coverage may be waived by the City if City receives written verification that Artist has no employees. 39 If the Artist maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Artist. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (C) Professional Liability E rrors & Omissions). Artist shall procure and maintain, and require its sub -Artists to procure and maintain, for period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate and shall be endorsed to include contractual liability. If the Artist maintains broader coverage and/or higher limits than the minimum, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Artist. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. If an engineer or architect is required to complete the Artist's design documents, the Artist must provide the City with a copy of the engineer's or architect's Professional Liability Errors and Omissions insurance endorsement. III. Insurance Endorsements. The insurance policies shall contain the following provisions, or Artist shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Additional Insured Status. The Commercial General Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Projector operations performed by or on behalf of the Artist, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Artist's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Artist's insurance (at lease as broad as ISO Form CG 20 10.11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used). (B) Waiver of Subro anon. Artist hereby grants to City a waiver of any right to subrogation which any insurer of said Artist may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Artist agrees to obtain any endorsement that 40 may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. IV. Primary Coverage* For any claims related to this Agreement, the Artist's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Artist's insurance and shall not be called upon to contribute with it in any way. V. Separation of Insureds` leo Sl2ecial Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers. VI. Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Artist to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City. VII. Acceotabilrt of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VII, authorized to do business in California, and satisfactory to the City. VIII. Verification of Coverage. Artist shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement. However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Artist's obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time. IX. Claims -Made Policies.. If any of the policies provide coverage on a claims -made basis: (A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; 41 (B) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement; (C) If coverage is canceled, non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Artist must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement. X. Safety. Artist shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Artist shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.- Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 42 EXHIBIT E SPECIAL PRQVISIQVS WHEREAS, the undersigned; authors of the creative work, (referred to, hereinafter as "ASSIGNOR") has created an original work ofauthorshipentitled described in Exhibit "A" for which together with related creative works hereinafter as the COPYRIGHT; WHEREAS City of Downey, a municipal corporation and charter city having its principal place of business at 11111 Brookshire Avenue, Downey, California, 90241 (referred to hereinafter as "ASSIGNEE"), is desirous of acquiring all entire right, title and interest in, to and Under said COPYRIGHT, and in, to and under any common law or registration of Copyrights or similar legal protection to be or having been obtained therefor in the United States of America, its territorial possessions and in any and all countries foreign thereto; and NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, ASSIGNOR hereby sells, assigns, transfers and sets over unto the ASSIGNEE, its successors and assigns the entire title,_ right and interest in and to the COPYRIGHT, and to all common law or similar legal protection arising therefrom, not only in United States and its territorial possessions, but in all countries foreign thereto to be obtained for said COPYRIGHT by said legal protection thereof or any legal equivalent thereof in a foreign country for the full term or terms for which the same may be granted, including all priority rights under any International Convention. ASSIGNOR further covenants that no assignment, sale, agreement or encumbrance has been or will be made or entered into which would conflict with this assignment; and ASSIGNOR further covenants that ASSIGNEE will, upon its request, be provided promptly with all pertinent facts and documents relating to said COPYRIGHT, and will testify as to the same in any litigation related thereto and will promptly execute and deliver to ASSIGNEE or its legal representatives any and all papers, instruments or affidavits required to apply for, obtain, maintain, issue and enforce said invention and said Copyrights and said equivalents thereof in any foreign country which may be necessary or desirable to carry out the purposes thereof; and. 43 ASSIGNOR and ASSIGNEE each covenant to perform all acts and execute and deliver all documents as may be necessary or appropriate to carry out the intent and purposes of this assignment; and ASSIGNOR does hereby grant to ASSIGNEE the rights: to do any and all acts necessary or appropriate to protect the rights granted herein such as securing copyright/ trademark registration, renewals, reissues and extensions; to institute any actions to defend Assignee's ownership over the COPYRIGHT; to collect any income, royalties, damages, and payments derived from past, present, or future infringement of the COPYRIGHT and to enjoy all rights provided for the COPYRIGHT through copyright and trademark laws enacted in the United States and foreign countries; and. This assignment embodies the entire understanding of ASSIGNOR and ASSIGNEE and supersedes and replaces any and all pre-existing assignments or understandings between ASSIGNOR and ASSIGNEE. No amendment or modification of this assignment shall be valid or binding upon ASSIGNOR or ASSIGNEE unless made in writing and signed on behalf of each of ASSIGNOR and ASSIGNEE by their respective duly authorized representative. Date: Name: Title: 44