HomeMy WebLinkAboutR-2019-015 Agreement Donald Gialanella Creation, Purchase and Sale of Artwork - Migrating Monarchs RESOLUTION NO. R-2019-015
A RESOLUTION APPROVING AN AGREEMENT WITH DONALD GIALANELLA
FOR THE CREATION,PURCHASE,AND SALE OF ARTWORK
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Board of Aldermen ("Board") approves the Agreement with Donald
Gialanella for the creation, purchase, and sale of artwork, in substantially the form attached
hereto, and authorizes the Mayor to execute the Agreement on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, Capital Projects and Parks
Manager, and other appropriate City officials are hereby authorized to take any and all actions as
may be deemed necessary or convenient to carry out and comply with the intent of this
Resolution and to execute and deliver for and on behalf of the City all certificates, instruments,
agreements and other documents, as may be necessary or convenient to perform all matters
herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the 1 day of 2019.
. ' Mayor Kathleen L. Rose
ATTEST
..; �• .�. `rte
,Rollin Kirtcaid,,;City.Clerk
AGREEMENT BETWEEN THE CITY OF RIVERSIDE,MISSOURI,AND ARTIST FOR
THE CREATION,PURCHASE,AND SALE OF ARTWORK
THIS AGREEMENT is made by and between the City of Riverside, Missouri ("City"),
and Donald Gialanella("Artist"), for the City's purchase of certain original artwork to be created
by the Artist("Artwork"), as more specifically described herein.
WHEREAS, the City believes that public art is a tremendous asset to the community and
lends a special sense of identity, creates memorable public places, and conveys a sense of civic
purpose; and
WHEREAS, the parties acknowledge that, as reflected by the City of Riverside's Call to
Artists regarding the Monarch Migration Walk, the City is committed to promoting the cultural,
educational, aesthetic, and economic vitality in the City by assembling and integrating art into
public places, civic infrastructure, and present and future development, thereby setting the City
apart as a distinctive place to visit, live, and do business; and
WHEREAS,the City issued a Call to Artists regarding the Monarch Migration Walk, and
Artist submitted an entry which has been selected; and
WHEREAS, the Artist, upon completing the Artwork, wishes to sell the Artwork to the
City, and the City wishes to purchase the Artwork from the Artist; and
WHEREAS,the City and the Artist wish to enter into this Agreement to establish the rights
and obligations of the parties relating to the Artwork.
NOW, THEREFORE, for and in consideration of the mutual covenants of the parties set
forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the City and the Artist acknowledge and agree that the Artist
agrees to create and sell to the City, and the City agrees to purchase from the Artist, the Artwork,
subject to the following terms and conditions:
1. Recitals. The recitals set forth above: (a) are true and correct as of the Effective Date, as
hereafter defined; (b) form the basis upon which the parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the parties regarding the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement,
the intent of the parties, as evidenced by the recitals, shall be taken into consideration and,
to the maximum extent possible,be given full effect.The parties have relied upon the recitals
as part of the consideration for entering into this Agreement and, but for the intent of the
parties reflected by the recitals, would not have entered into this Agreement.
2. Artwork Scope and Specifications. Pursuant to this Agreement, the Artist is being
commissioned to create the Artwork based upon a design submitted in response to the City's
Call to Artists regarding the Monarch Migration Walk. The parties understand that the Artist
will make every effort to create the Artwork in the spirit of the submitted design. The
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Artist may make necessary design modifications as the work progresses so long as the
general concept and materials remain materially consistent. The Artist's entry submitted in
response to the City's Call to Artists (and the Call to Artists itself) is hereby incorporated
by this reference as if fully set forth. The Artist shall complete the Artwork in time to have
it delivered to the City no later than August 22, 2019.
3. Purchase Price.The purchase price for the Artwork is$15,000, payable in two installments
of$7,500 and $7,500, respectively. Upon receipt of the 1St installment payment,Artist shall
begin work. Final Payment is conditioned on i) completion of the Artwork; ii) inspection
and acceptance by the City for conformance with project specifications and iii) receipt by
the City of Conservation Record Form information contained in Exhibit A. For Final
Payment, the Artist shall be paid no later than thirty days from the date that the payment
conditions are satisfied.
4. Artist's Representations. The Artist represents and warrants that:
a. The Artwork is original, authentic, and was created by the Artist.
b. The Artist has full legal right and authority to enter into this Agreement,to make
the representations and warranties contained in this Agreement,and to complete
the transaction contemplated by this Agreement.
C. The Artist is the sole and absolute owner of the Artwork and has good
and marketable title to the Artwork, and the Artwork, at the time of transfer of
title to the City, is free and clear of all rights, claims, liens, mortgages, security
interests, or other encumbrances held by any person or entity.
d. The Artwork does not infringe the rights of any person or entity,
including trademark, copyright, privacy, or publicity rights.
5. City's Representations. The City represents and warrants that:
a. During public exhibition of the Artwork,the City will acknowledge the Artist as
the creator and will include the Artist's name (or, if requested, pseudonym or
designation of anonymity), the title of the Artwork, and the year the Artwork
was made.
6. Ownership and Rights Related to the Artwork. Upon final payment by the City to Artist,
the Artist hereby irrevocably assigns and transfers to the City all right, title, and interest in
and to the Artwork, including the entire Copyright.
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7. Warranties. Artist warrants for a period of one year from the date of acceptance by the
City of the Artwork that the Artwork shall be free from defects in material and
workmanship. The Artist shall repair or replace at no cost to City any portion of the Artwork
that is found to be defective during the warranty period. City agrees to notify the Artist of
any such defect immediately upon discovery.
8. Risk of Loss. Artist assumes all risk of loss or damage to the Artwork prior to acceptance
of the Artwork by the City, including during transport to the City. The City assumes all risk
of loss or damage to the Artwork after acceptance of the Artwork provided that such loss or
damage was not the fault of the Artist.
9. Transportation and Delivery. Transportation and delivery from the Artist to the City shall
be the responsibility of the Artist. Delivery will be complete when the Artwork is delivered
to City Hall in accordance with the Call to Artists.
10. Installation,Removal,and Display.
a. The City shall be responsible for installation and removal of the
Artwork.Notwithstanding any law to the contrary, Artist agrees that the City
may, in its sole discretion, relocate the Artwork or decide not to exhibit the
Artwork.
11. Additional Provisions.
a. Default; Remedies. If the Artist fails to fulfill in timely and proper manner
his or her obligations under this Agreement, or if the Artist shall violate any of
the terms of this Agreement, the City shall have the right to sue for specific
performance, to immediately terminate this Agreement, to withhold payments
and to recover payments previously made. Notwithstanding the above, the
Artist shall not be relieved of liability to the City for damages sustained by any
breach of this Agreement by the Artist.
b. Entire Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties and supersedes all prior agreements, whether
oral or written, covering the subject matter of this Agreement.This Agreement
shall not be modified or amended except in writing, signed by the parties.
C. Survival of Agreement Provisions. The benefits of the representations,
warranties, covenants, and indemnities contained in this Agreement shall
survive completion of the transaction contemplated by this Agreement.
d. Review of Agreement. The parties understand, agree, and represent to each
other that they have had the opportunity to retain independent legal counsel to
review the terms and conditions of this Agreement before its execution,
irrespective of whether they in fact have retained or consulted with such legal
counsel.
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e. Waiver. The failure of the City or the Artist to exercise any right given
hereunder or to insist upon strict compliance with any term, condition or
agreement specified herein, shall not constitute a waiver of either party's right
to exercise such right or to demand strict compliance with any such term,
condition or agreement under this Agreement.
f. Applicable Law; Venue. This Agreement shall be governed by and construed
under the laws of the State of Missouri and shall be binding upon and inure to
the benefit of the parties and their respective heirs, legal representatives,
successors, and assigns. Venue shall be exclusive in Platte County, Missouri.
g. Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which
together will constitute one instrument.
h. Relationship of the Parties. This Agreement does not create
an employee/employer relationship between the parties. It is the parties'
intention that the Artist is an independent contractor to the City.
i. No Third-Party Rights. The parties do not intend to confer any benefit
hereunder on any person, firm or other entity other than the parties hereto.
j. No Assignment. The Artwork and services required of the Artist are personal
and shall not be assigned, sublet or transferred. Any attempt by the Artist to
assign this Agreement or any rights,duties or obligations arising hereunder shall
be void and of no effect. Nothing in this section shall prevent Artist from hiring
a person or company to transport (or assist in transporting)the Artwork to the
City,as is required by Section 9.
k. Force Majeure. The City shall grant to the Artist a reasonable extension of
time if conditions beyond the Artist's control render timely performance of the
Artist's services impossible or impracticable.All such performance obligations
shall be suspended for the duration of the condition. Both parties shall take all
reasonable steps during the existence of the condition to assure performance of
their contractual obligations when the condition no longer exists. Failure to
fulfill contractual obligations due to conditions beyond either party's reasonable
control will not be considered a breach of contract, provided .that such
obligations shall be suspended only for the duration of such conditions.
1. Effective date. This Agreement shall be effective as of the last date signed by
the parties and shall continue in effect until the City makes payment to the Artist,
subject to Section l Le.
In. Indemnity. Artist shall indemnify, protect, defend and hold harmless the City
and its officials, employees and agents (each a "Covered.Person") from and
against all liabilities, obligations, losses, damages,judgments, costs or expenses
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(including legal fees and costs of investigation) ("collectively "Losses")
arising from, in connection with or caused by any infringement of patent,
copyright, trademark, trade secret or other proprietary right caused by Artist.
Notwithstanding the foregoing, Artist shall have no obligation under this
Section with respect to any Loss that is caused solely by the active negligence
or willful misconduct of the Covered Party and is not contributed to by any act
or omission (including any failure to perform any duty imposed by law) by
Artist.
[Remainder of page intentionally left blank]
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ARTIST:
Name: 00AIALD 6-1141-/141:FLLA
Date: 115//y
CITE'OF RIVERSIDE,MISSOURI:
Kathleen L. Rose
Mayor
Date:
ATTEST:
Robin Kincaid
City Clerk
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ARTIST:
Name: Donald Gialanella
Date:
CITY OF RIVERSIDE,MISSOURI:
K leen L. Rose
Mayor
Date:
,ATTEST:
Rbbin Kincaid:_-
City�lerkf
6
EXHIBIT A
CONSERVATION RECORD FORM
Information to be provided by Artist:
1. Title of the Artwork.
2. Date of the Artwork.
3. Subject Matter of the Artwork.
4. Artwork Media/Medium.
5. Artwork Size and Dimension.
6. Brief statement for the Artwork (including subject/source of inspiration if
appropriate).
7. Description of materials/media.
a. Principal material used in creation.
b. Any electrical components used, and if so,their operation?
C. Equipment used in creation.
d. Describe how final surface was achieved.
e. Protective coating(method of application).
8. Installation.
a. Are there any special installation considerations (e.g., viewing
height, measured distance from relative objects, etc.)?
b. If the Artwork is comprised of more than one piece requiring special
assembly, supply documentation on how to properly install.
C. If the Artwork is comprised of more than one element, which is
physically separated, please describe each element and where it is to
be located (provide photo, map, or sketch).
9. External factors. Describe existing environmental factors which may affect the
condition of the artwork and any precautionary measures which should be taken(e.g.
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direct sunlight, extremes of annual rain or snowfall, temperature, air moisture or
dryness,acidity of rainfall,flooding,wind,vibrations,air pollutants,vehicular and/or
pedestrian traffic; animal interaction with artwork—potential for nesting, droppings,
etc.; human interaction with artwork—touching, sitting, climbing, vandalism).
10. Desired appearance.
a. Describe in specific terms and, if necessary, with drawings or photographs,
the physical qualities for which the City should strive to maintain the artist's
intent (e.g. matte rather than glossy luster, color of patina). What may be
acceptable alteration in form, surface,texture, coloration as related to natural
aging of materials?
b. If the work is site-specific, describe in detail the relationship of the work to
its site, including any significant physical aspects of the site,which if altered,
would significantly alter the intended meaning, and/or appearance of the
work.
11. Maintenance/Conservation instructions. Provide detailed instructions regarding
the methods and frequency of maintenance for the artwork (with observations
regarding permanency/durability of materials and techniques).
a. Routine maintenance (e.g. removal of dust, dirt, maintenance of protective
surfaces,tightening, adjusting, oiling: etc.).
b. Cyclical Maintenance (less frequent and more extensive preventive
measures, e.g. disassembly and inspection; reapplication of protective
sealers, repainting etc.).
C. What is the expected life span of this work.
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Monarch Proposal Sketch 1
Migrating Monarchs
Area 4, option A
Dimensions approx. 7' H x 18' W x 2' D
,AA lb
-ap-�1WRvii,
1
"The whole is greater than the sum of its parts."
-Aristotle
Dear City of Riverside selection committee members,
I am writing to express my interest in creating two permanent, site-specific, freestanding
artworks for The Monarch Migration site. My name is Donald Gialanella. I am a St. Petersburg,
Florida sculptor with 25 years of experience in art, design and public projects.
This unique opportunity to create sculptures for the Riverside Monarch Migration site appeals to
my life-long reverence and love for the animal kingdom. I would be honored to be chosen to
create this most interesting monument to memorialize and document this amazing natural
phenomenon.
I approach public commissions by understanding the goals of the project, analyzing usage of
the site and developing a design to fulfill and balance the complexities of the assignment
effectively and compellingly. My goal is to create expressive and thought-provoking public art
that will have a lasting positive impact.
I have extensive experience in designing and producing public sculpture, as well as in managing
budgets, timelines and the dynamics of teamwork. In fulfilling public commissions I have
interacted with community groups, government, architects, engineers and contractors to
complete projects successfully on-time and within budget.
I believe durability and sustainability are of paramount importance to insure the artwork will
function successfully into perpetuity.
I acknowledge that I have reviewed the Agreement for the Creation, Purchase and Sale of
Artwork.
Thank you,
Donald Gialanella
607.547.1071
Monarch Sculpture Proposal
My proposals for the two Monarch Migration sites, (area 4, option A, and area 6, option A) both
consist of multiple Monarch silhouettes cut from marine grade stainless steel. The firif=
ft t
The
second is a single butterfly made from many silhouettes strategically put together to form one
large Monarch.
Sculpture #1: Migrating Monarchs
The first sculpture is designed to be placed along the path in area 4. It depicts a flock or frieze of
Monarchs that serves as a distinctive wayfinding element. The sculpture reflects the profusion of
butterflies that make their epic migration along this route. Using a series of 3-4 different cutout
Monarch profiles, the flock of Monarchs achieve structural integrity by being organically
connected (welded) to one another at their wingtips.
All these varied shapes interact in an undulating parade of images that visually coalesce as
people cycle or walk past. The whole structure is supported by several discrete vertical rods
which are secured to concrete pads embedded into the ground.
The many butterfly profiles will be carefully designed and precisely made using computer
controlled water jet cutting technology which will yield clean, crisp edges and intricate shapes.
The cut-out negative areas in the Monarch wings are an integral part of the design that allows
us to see through the profiles and help incorporate the surrounding landscape into the visual
experience.
The second sculpture is a grand Monarch imagined for Area 6. It is a landmark sculpture made
up of hundreds of small Monarch cutout silhouettes strategically welded together to form a
graceful and distinctive work of art. From afar, the Monarch appears as one contiguous
sculpture. Getting closer, one sees that it is made up of a profusion of individual butterflies.
This monumental Monarch seems to have a cosmic magnet which is suspending the cacophony
of smaller butterflies to form one cohesive image. The effect will be beautiful and unforgettable.
Both installations will require little or no maintenance and be incredibly durable and
weatherproof, impervious to wind, moisture, cold, and heat. Once installed the sculptures will
not require paint, lacquer or any type of protective coating.The stainless steel is resistant to UV
damage, and safe for public interaction.
Donald Gialanella 2018
i � qF_LL_A
EXHIBIT A
CONSERVATION RECORD FORM
Information to be provided by Artist:
1. 'Title of the Artwork.
Kaleidoscope of Monarchs
2. Date of the Artwork.
August, 2019
3. Subject Matter of the Artwork.
Cluster of monarch silhouettes
4. Artwork Media/Medium.
Welded stainless steel sculpture
5. Artwork Size and Dimension.
192"x 101" x 22"
6. Brief statement for the Artwork(including subject/source of
inspiration if appropriate).
The sculpture reflects the profusion of butterflies that make their epic
migration along this route. Utilizing a series of different size Monarch
silhouettes, the sculpture achieves structural integrity through precise
welding of the butterflies. All these varied shapes interact in an undulating
parade of images that visually coalesce as visitors pass by. The cut-out
negative areas in the Monarch wings are an integral part of the design that
allows us to see through the profiles and help incorporate the surrounding
landscape into the visual experience.
7. Description of materials/media.
a. Principal material used in creation.
316 stainless steel
b. Any electrical components used, and if so, their operation?
None
c. Equipment used in creation.
TIG and MIG welders, plasma cutter, angle grinders, bending jigs.
d. Describe how final surface was achieved.
Hand grinding with a sandpaper flap disc.
e. Protective coating (method of application).
None
8. Installation.
a. Are there any special installation considerations (e.g.,
viewing height, measured distance from relative objects, etc.)?
None
b. If the Artwork is comprised of more than one piece requiring
special assembly, supply documentation on how to properly
Install.
Consists of a right and left hand panel to be installed with a slight overlap in the center.
c. If the Artwork is comprised of more than one element, which
is physically separated, please describe each element and where it
is to be located (provide photo, map, or sketch).
Please see above.
9. External factors. Describe existing environmental factors which may affect
the condition of the artwork and any precautionary measures which should be
taken (e.g.direct sunlight, extremes of annual rain or snowfall, temperature,
air moisture or dryness, acidity of rainfall, flooding, wind, vibrations, air
pollutants, vehicular and/or pedestrian traffic; animal interaction with artwork—
potential for nesting, droppings, etc.; human interaction with artwork—
touching, sitting, climbing, vandalism).
The 316 grade stainless steel makes the sculpture impervious to weather, sunlight, snowfall,
freezing temps, etc. Climbing on it should be avoided.
10. Desired appearance.
a. Describe in specific terms and, if necessary, with drawings or photographs,
the physical qualities for which the City should strive to maintain the artist's
intent(e.g. matte rather than glossy luster, color of patina). What may be
acceptable alteration in form, surface, texture, coloration as related to natural
aging of materials?
Age should have minimal or no effect on the appearance of the stainless.
b. If the work is site-specific, describe in detail the relationship of the work to
its site, including any significant physical aspects of the site, which if altered,
would significantly alter the intended meaning, and/or appearance of the
Work.
N/A
11. Maintenance/Conservation instructions. Provide detailed instructions regarding
the methods and frequency of maintenance for the artwork (with observations
regarding permanency/durability of materials and techniques).
a. Routine maintenance (e.g. removal of dust, dirt, maintenance of protective
surfaces, tightening, adjusting, oiling: etc.).
Gentle cleaning with a damp cloth is recommended to remove dust, leaf litter, or bird
dropping should they occur.
b. Cyclical Maintenance (less frequent and more extensive preventive
measures, e.g. disassembly and inspection; reapplication of protective
sealers, repainting etc.).
Yearly spring cleaning with a pressure washer can be used if the sculpture has become
excessively dirty over the winter months.
c. What is the expected lifespan of this work.
25-35 years or more.
Monarch Art - City of Riverside
Title Artist Value Location
1 Monarch Tower KT Metalworks, Kenny West $3,000 South of the 1-29 overpass on the west side of the Line Creek Trail
2 Monarch Flower Forest Lakeview Middle School $1,500 East of EI Chapparal on the east side of the Line Creek Trail
3 Monarch Magnifier Park Hill South High School $3,000 Homestead Park
4 Kaleidoscope of Monarchs Donald Gialanella $15,000 Renner Brenner Park
5 Grand Monarch Donald Gialanella $15,000 Southeast corner of Cliffview &Vivion Rd intersection
6 Migration INathan Neufeld $15,000 Argosy Casino Parkway, bridge over the railroad tracks
7 Monarch360Life Nathan Pierce $15,000 Argosy Parkway, in front of the Argosy Casino
81 Riverside Rest Stop IJake Balcom $15,000 E.H. Young Riverfront Park
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(from Riverside's north city limit
-, to E.H. Young Riverfront Park)
Travel the City of Riverside
along the Line Creek Trail
and follow the Monarch
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• • �" Minneapolis, MN to the
Monarch Butterfly
Biosphere Reserve in
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.F
° - The Line Creek Trail
_ intersects with three Ci
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including E.H. Young
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tri ` - - • • - adjacent to the Missouri
F•♦ River.
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Line Creek Trail
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-, „,
;- Location along the
Monarch Flyway
Riverside Actual Site
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