HomeMy WebLinkAboutBRIAN SOMERVILLE CITY OF JEFFERSONVILLE AND
BRIAN SOMERVILLE ARTIST AGREEMENT 0%1Y o�
Y + N
I'i v
Agreement between: ��\
Brian Somerville Rso�
7EFFEItsdNvltlE
and PUB11CAR
START CREATING IDEAS
3 This agreement, made this /'— day of , 2019 by and between
(City)and Brian Somerville (Artist)
Whereas, the City desires to employ the Artist to render certain artistic services for the FABLE
INSPIRED OUTDOOR SCULPTURE Project: and Whereas, the Artist has the expertise and has a thorough
knowledge of public art and is qualified to render such services; and Whereas, the Artist is willing to provide
these services upon the terms hereinafter stated; Now, therefore, in consideration of the promises, the mutual
covenants and conditions herein set forth, the parties hereto agree as follows:
Section 1. Basic Services of the Artist
1.1 The scope and details are more fully described in Scope of Services, attached hereto and made
part hereof(pg. 4).
Section 2. Additional Services by Artist
2.1 Additional work may be required in carrying out the work. Because it is not possible to
determine in advance the need for such services, they are excluded from the basic services described in the
above Basic Services section. Additional services will by undertaken only upon written authorization by the
City of Jeffersonville.
Section 3. Services by City
3.1 It is agreed that certain services shall be performed or furnished by the City. These services
include:
3.1.1 Providing coordination assistance when needed and cooperating with the Artist in completing the
work in a timely and effective manner;
3.1.2 Designating a representative who shall have authority to transmit instructions, receive
information and enunciate City policies and decisions, the City's representative shall be the Public Arts
Administrator;
3.1.3 Arranging for and holding promptly any required meetings;
3.1.4 Making available to the Artist a studio location close to the installation site of the sculpture(to
be used from June 24th to August 23rd)
3.1.5 Responding within a reasonable time to the Artist's requests for written decisions or
determinations,pertaining to the work, so as not to delay the services of the Artist;
1
3.1.6 Giving prompt written notice to the Artist whenever the City becomes aware of an event,
occurrence, condition and circumstance, which may substantially affect the Artist's performance of services
under this agreement;
Section 4. Time Schedule
4.1 Unless otherwise directed, the Artist shall commence the performance of basic services upon
execution of this Agreement only after receiving a written"Notice to Proceed" from the City.
4.2 The Artist recognizes that the services under this Agreement are to be performed as
expeditiously as is practical. Every reasonable effort will be made to substantially complete the Basic Services
based on the schedule included in the attached Timeline of Services (pg. 9)
4.3 Performance of any additional services not described in the attached Scope of Services section
will commence upon separate written authorization by the City and shall be completed in accordance with the
schedule set forth in authorization.
Section 5. Amount and Method of Payment
Note: All invoices must prominently show the Project Name: FABLE INSPIRED OUTDOOR
SCULPTURE Failure to do so may result in delay of the processing of the Artist's invoices.
5.1 For the services provided under the attached Scope of Services section,payment shall be in
accordance with this section and the payment schedule. $25,000 is the total stipend, which is inclusive of the
twelve-foot fable inspired outdoor sculpture(piece is to closely resemble rendering provided by the artist) see
page 10 as well as on-site work sessions and five additional educational activities. Invoices shall be billed"not
to exceed' based on the break down of payment listed in the following paragraph:
5.2 The artist will be paid in three installments based upon completed milestones.
To begin the project, the city agrees to pay the artist the first third of the full honorarium, which is $8,333.00.
The second installment payment of$8,333 will be paid once the armature is complete and the first half of the
educational activities are complete. The final installment payment of$8,334 will be made after the successful
completion and installation of the sculpture.
Section 6. Changes
6.1 The City may, at any time, by written order, make changes in the services or work to be
performed within the general scope of the Agreement.
6.2 If such changes cause an increase or decrease in the Artist cost of or time required for
performance of any services under this Agreement, an equitable adjustment shall be made and this Agreement
shall be modified in writing accordingly.
Section 7. Disputes
7.1 Except as this Agreement otherwise provides, all claims, counter-claims, disputes, and other
matters in question between the City and the Artist arising out of or to relation to this Agreement of the breach
of it will be decided by mediation if the parties hereto mutually agree, or in a court of competent jurisdiction
within the City of Jeffersonville in which the Public Art Commission is located.
7.2 Should suit be led to enforce or for the breach of terms of this Agreement, the prevailing party
shall be entitled to the award of reasonable attorney's fees.
2
Section 8. Suspension of Work
8.1 The City may order the Artist to suspend, delay, or interrupt all or any part of the Artist's
services for such period of time as the City may determine.
8.2 If the performance of all or any part of the Artist Services is, for any reasonable period of time,
suspended, delayed, or interrupted by an act of the City, or by his failure to act within the time specified with in
this agreement, an appropriate extension of time may be made if mutually agreed upon for any such delay in the
performance of this agreement necessarily caused by such unreasonable suspension, delay, or interruption and
the agreement modified in writing accordingly.
Section 9. Termination of Agreement
9.1 The city may terminate upon written notice if the artist breaches his obligations under this
agreement or for any other cause, including but not limited to, cancellation of the city's contract for the project.
The city shall compensate the artist for performance of services through the period of notice.
Section 10. Insurance
10.1 Artist agrees and shall submit evidence to the City before beginning work on this project that
Artist has procured and will maintain as a minimum the following insurances: (a) commercial general liability
insurance with the limits of not less than$500,000 each occurrence, and combined single limit bodily injury and
property damage (Artist shall name city as additional insured to his commercial general liability policy).
Section 11. General Provisions
11.1 Artist agrees that he shall act as an independent contractor, and shall perform the services
provided in this agreement in accordance with the generally accepted standard of care and safety of the artist
profession.
11.2 In addition to, and not in limitation of the insurance requirements contained in section 10 of this
agreement, to the fullest extent permitted by law, the artist hereby agrees to indemnify and hold the
Jeffersonville public art commission and the city of Jeffersonville, harmless from and against any and all losses,
damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or
relating to any and all claims, liens, demands, obligations, actions,proceedings, or causes of action of every
kind and character arising from the negligence of the artist, their employees, agents or other's for who's acts the
artist is responsible under this agreement,provided,however that artists duty to indemnify and hold harmless
shall not include any claims of liability arising from the negligence or willful misconduct of the public art
commission of Jeffersonville or the city, it's agents, officers or employees.
11.3 This agreement shall insure to the benefit of and be binding upon the legal representative and
successors of the parties, respectively.
11.4 Interpretation and enforcement of this agreement shall be in accordance with the laws of the state
of Indiana.
3
SCOPE OF SERVICES
Artist Name:Brian Somerville
Project Location: Spring and 7th Street—Jeffersonville, Indiana
Project Description:Artist Services for the Fable Inspired Outdoor Sculpture &Supplemental Educational
Activities
I.Artist's Rights and Responsibilities
1.1 Artist shall sculpt a twelve foot tall fable inspired sculpture in accordance to the design that has
been previously submitted and approved(see Exhibit A)to be installed within the center of the
triangle traffic island to be located at Spring and 7th Streets in Jeffersonville,Indiana as well as
conduct the additional educational activities decided upon by both parties (artist/city)attached to
this agreement(see Exhibit B).
1.2 The Artist shall be available to consult with representatives from the City for coordination
meetings.
1.3 The artist shall not assign the creative or artistic portions of the work to another party without the
written consent of the city.
1.4 The artist shall be responsible for providing services described herein including, but not limited
to,the quality and timely completion of the piece. The artist shall, and in collaboration with the city, design and
create the artwork, so that it can be constructed without exceeding the construction cost budget allotted for the
project. The artist shall, without additional compensation, correct or revise any negligent errors, omissions, or
other deficiencies in his performance. The city shall not pay the artist for work incidental to changes required by
the artist's negligent errors or omissions. The artist shall be responsible for additional costs incurred as a result
of his own negligence errors or omissions.
1.5 The artist warrants that; (a) the design or work being commissioned is the original production of
his own creative efforts; (b)The work is original; (c)the artist shall not sell or reproduce the work or allow
others to do so without the prior consent of the city.
1.6 The artist, in collaboration with the city, shall complete the installation of the piece together. The
city shall provide the appropriate base for the piece as well as provide the artist with assistance moving the
piece from the NoCo Arts Center to the final location of the completed sculpture.
1.7 The artist shall submit conceptual renderings of the final designs of the intended artwork to the
city for review prior to the approval of the final contract. The artist shall proceed with the work only after
receipt of written authorization from the city.
1.8 The artist and the city agree that any proposal to alter, modify, damage or otherwise change the
work of the art shall first be discussed with the artist.
1.9 The artist agrees that the city will be granted royalty-free the authority to incorporate the project
artwork and construction documents for the purposes of constructing and completing the project.
4
1.10 The artist shall have the right to photograph, or contract to have the project photographed, during
and upon completion of construction and to provide these photographs for publication.
1.11 The artist hereby grants the city a permanent, assignable, non--exclusive royalty-free license to
make, or cause to be made,photographs and other two dimensional reproductions and models of the project for
educational,project awards,public relations, tourism, arts promotional purposes without payment of a royalty to
the artist. For purposes of this agreement, the following are among those deemed to be permissible
reproductions for the above cited purposes: brochures and pamphlets pertaining to the city; reproduction in
exhibition catalogs,project awards,books, slides,photographs,postcards,posters, and calendars; and in art
magazines, art books and art and news sections of newspapers; and general books and magazines not primarily
devoted to art; slides and filmstrips; and television on any and all such reproductions a copyright of the project
under the United States copyright law and credit to the artist. The artist agrees that all written references and
reproductions to the project will exhibit the following credit line:
"This project was performed in collaboration with the City of Jeffersonville, the Redevelopment
Commission, the Jeffersonville Public Art Commission, and the Jeffersonville Public Library".
1.12 Upon completion of the artist's work,the artist agrees that he will have no other rights in the
project and/or in any artwork created as a result of this agreement other than the right specified in paragraph
1.10, 1.11, 1.12 and 1.13 above, with all other rights there after belonging to City.
1.13 Artist understands and agrees that the creative design and artwork called for in this agreement
constitute matters of taste and judgment in which artist must satisfy the City of Jeffersonville. The city commits
to the artist that the city's approval of the creative design and artwork will not be unreasonably withheld,but
subject to many constraints and political pressures in matters of taste and judgment. Artist acknowledges and
accepts these conditions.
5
2. Scope of Basic Services to be provided
The services furnished for the Fable Inspired Outdoor Sculpture are described below. The artist will be
commissioned by the City of Jeffersonville to complete this project and all educational activities that provide
supplemental support.
Task One: Creation of Concept Rendering
The artist will create a 2D rendering for the project including but not limited to a full color rendering(s)
imagining the two dimensional design into a three dimensional realm. Color palette, composition, content and
physical environment must be taken into consideration.
Task Two:Site Study/Armature Creation
The artist will collaborate with the city to review the location for the site-specific work. In the site study,the
artist will be responsible for obtaining appropriate measurements—length,width and height of the piece in its
entirety and will be responsible for thinking about pedestrian/vehicular safety and is responsible for the swift
creation of an armature for the piece to determine said scale.
Task Three:Educational Activities
The artist will collaborate with the city and the public library to conduct a menu of educational outreach
opportunities for the public to connect with the sculpture experience. These activities include:
• Lunch n' Learn with GCCS students (July 17th—26th, 2019)
• Nifty Gritty Art Exhibition(set up July 16,runs through August 21St, Closing Reception August 21St)
• Artist Lecture(July 18th- 6-7:30 p.m.)
• Community Making Session(July 27th - 10 a.m. to 2 p.m.)
• Children's Workshops (July 23`d and 25th)
Task Four: Sculpture Creation/Installation
The artist agrees to create a final sculpture using appropriate materials for a piece to endure the harsh outdoor
climate to be executed on or before August 23rd, 2019.
3. Period of Performance
The period of performance for the artist shall commence after written notice to proceed is issued to the artist
and shall continue through the completion of the above scope of services. It is the intention of the City of
Jeffersonville and the Artist to bring the project to completion no later than August 23, 2019.
4. Independent Contractor Status
Artist shall perform all services as an independent contractor and shall not be considered in any respect an
employee of the City. Artist shall cooperate with the City and other project contractors with regard to sculpting
of the piece, educational activities and occupation of a studio space in the Arts Center building. Artist shall
comply with all applicable laws and regulations regarding the work to be performed under this Agreement,
including those related to worker safety, and artist shall comply with all workplace safety rules in effect during
anytime when artist is onsite.
6
5. Warranties
Artist shall be responsible for the integrity of the materials and fabrication of the sculptural work for a period of
one year from the completion date of creating the piece. Artist's liability for the breach of this warranty shall be
limited to the cost of repairs of the sculpture.
6. Termination, Suspension
A. For Cause: Either party may terminate this Agreement in the event of another party failure to perform
its obligations as described in this agreement, and such failures has not been corrected to the reasonable
satisfaction of the other in a timely manner after notice of breach has been provided to the other party.
B. For reasons beyond control of the Parties: Either party may terminate this agreement without recourse
for reasons beyond such party's reasonable control such as but not limited to acts of nature, war or warlike
operations; civil commotions; riot or governmental control.
C. Notice: Notice of termination pursuant to Subsections A and B shall be given by the party terminating
this agreement to the other not less than(7) days prior to the effective date of termination.
D. Suspension: The City may, without cause,require artist in writing to suspend, delay or interrupt their
performance of work under this agreement in part for such a period of time as determined by the City. In the
case of suspension, delay or interruption, an adjustment may be made to the Agreement price due to any actual
increases on the Artist's cost of performance of the Agreement; provided, however, that no adjustment shall be
made to the extent that the performance would have been suspended, delayed or interrupted by another cause
for which Artist is responsible.
7. Indemnification
A. The artist shall defend, protect, indemnify and hold harmless the City, its officers, agents, employees,
and assigns from and against any and all damages, claims, suits, and/or actions arising from any negligent acts
or omissions of the Artist during the performance of the Agreement. The City shall, to the extent permitted by
law, indemnify and hold harmless the artist against any and all third party claims or liabilities arising in the
connection with the artwork, the site or the project, except claims that may occur as a result or arise in
connection with the artist's own negligence or failure to comply with the applicable laws, regulations,
ordinances and resolutions.
B. Upon completion of the installation of the artwork, the Artist does hereby agree to be responsible for
a period of one year from the date of installation for the integrity of all materials and fabrication techniques
contained in the artwork.
7
8. Entire Agreement
This agreement shall become effective immediately upon its signing of both parties. This agreement constitutes
the entire agreement between the parties and may not be verbally amended. All amendments of modifications to
this contract must be in writing and signed by both parties.
r
.71,111111\---.
BY: p•
pi '
(Signature-Artist) (Signature—City
Official)
Title: Artist Title: // 2 y40 2
Date: 06/19/2019 Date: T/.6//Ci
66" Y (--3
A
ILI _ irkli _ t,)*
al
,r1:‘,0t,\ , ........ '1/4 14
\\\
Fps aN
448
FABLE INSPIRED OUTDOOR SCULPTURE - TIMELINE
2019
• May—Finalize Conceptual Renderings, Approval from Mayor and Public Art Commission
• June—Finalize contract, Brian to deliver Supplies &Armature for sculpture to Arts Center(628
Michigan Ave. Jeffersonville, IN 47130)
• July— 16th (Set up in arts center& set up nitty gritty art show) Kids Lunch and Learn at Arts Center 17th
to 26th 11:00 -1:00 p.m., Lecture at Library 18th 6-7 p.m., Kids workshops 23rd and 25th, Community
Workshop 27th 10 a.m. to 2 p.m.)
• July—City installs island and pedestal for sculpture
• August—Complete sculpture, install sculpture prior to August 23`d, de-installation of nitty gritty show
(21St or 22nd), ribbon cutting - one day falling between(21St to 23rd ... dependent upon realistic
timeframe)
Get Y Op
m
�; any
R�pN/
GV1 Y OA.
l b
- �" . EXHIBITA- Colored Rendering ` s
T o� -a v,
,FERSONVILIE A` V __ '
PUBLIC ARI— FRs O`/'
Si CREAM IDEAS
l
w�
_ f
S.
iii
r......,.. ..,„,;,..:1,-,,'-:1-,,,.-
c r 6 -
I§ t 3,.�.;moi in , ,*r.rww•f ?7
- _ f
£ 4
/'�
'* . • Final color of sculpture voted on
I by the Public Art Commission
oil,
e` resulted in the desire of the piece
0
illilicel
4 to be completed in an expressive
color palette rather than realistic,
emphasizing a cool color palette
with blues and greens in
�tlk. additional to warmer tones.
4 dJ�1�11;'
it a , a
; ,t
,,._
fi.4�I G\t TY
EXHIBIT B - Educational Activities a' -
iEfF VONVItt P q o
TI.' CIEMVSCOS FggON'
tits aT THS Tatit
,,,....,41,,i,dm._ ---_,aturin g Scul tor;13R.iag SOM.EJOn LIE
„,,,,y,..07.:„. ,,N ilk.
;.io . ,
"` ‘4:-
c :' Lunch n' Learn Series
FREE Summer Meals For All Kids 18 &Under
, .
'�� ;\ '2, m Is } Provided by Greater Clark County Schools
I Summer Food Service Program
` This institution is an equal opportunity provider.
fi
y,. -' Weekdays,July 15 - 26
Mon. -Wed. I 11 - 11:30 a.m.
Thurs. - Fri.
Noon - 12:30 p.m. W 51,
NoCo Arts Center-628 MichigannAve
,fit
f "Nitty Gritty" Art Exhibition
' , , Featuring sculptures and sketches
July 17 -August 21
--) ,, Closing Reception Wed. August 21 I 6-7 p.m.
' Jeffersonville Public Library
'' 211 E.Court Avenue
+
,.iArtist Lecture
� Skit Learn about"Brian's process4Thursday, July 18t I b - 7:30 p.m.
..1', ..7;,l lit C ) Jeffersonville Public Library
211 E.Court Avenue
p'' a>
.? ` t, Community Making Session
Saturday, July 27t" 10a.m. - 2 p.m.
sir/ \ Noo Arts Center
C 628 Michigan Ave
i -
Art of the Fable
"ler ii0 '" �' Children's Workshops
l ��" ~� Tuesday, July 23`d &
�� g,� Thursday, July 25t" � 4-b p.m.
NoCo Arts Center
M ♦N 411 v �� r,a l Si 628 Michigan Ave
K , i-- win-
r
t-.
N --Err.'
ARTS .,'.1,--7,..;;; w
6
11 _UTURAI A____L_
,- oiii g �� Naarr F.w.v hcrl,
N„� w� JeffersonvilleT�� shn aramQrk�
4'RS0t4 MK flr-- l ;a a 4 Y