HomeMy WebLinkAboutR-2019-050 Agreement Nathan Pierce Creation, Purchase and Sale of Artwork RESOLUTION NO. R-2019-050
A RESOLUTION APPROVING AN AGREEMENT WITH NATHAN PIERCE 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 Nathan Pierce 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 4th day of June, 2019.
AA
or Kathleen L. Rose
`,Robia' 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 Nathan Pierce ("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$6,000 and $9,000, respectively. Upon receipt of the I" 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 I 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:Nathan Pierce
Date: May, 19, 2019
CITY OF RIVERSIDE,MISSOURI:
iW&JX�AZ- OL
Ka een L. Rose
Mayor
„ { Date:
AT:.
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EXHIBIT A
CONSERVATION RECORD FORM
Information to be provided by Artist:
1. Title of the Artwork. Monarch 360
2. Date of the Artwork. 2019
3. Subject Matter of the Artwork. Monarch butterfly/Abstract
4. Artwork Media/Medium. stainless steel, acrylic
5. Artwork Size and Dimension. 8'x4'x5'
6. Brief statement for the Artwork (including subject/source of inspiration if
appropriate). through the 360 degrees of a circle we can illustrate the migration pattern of the
monarch butterfly
7. Description of materials/media.
a. Principal material used in creation. 3041 stainless steel
b. Any electrical components used, and if so, their operation?
C. Equipment used in creation. welding fabrication ( MIG)
d. Describe how final surface was achieved. metal grinding/burnishing tools
e. Protective coating(method of application). N/A
8. Installation.
a. Are there any special installation considerations (e.g., viewing
height, measured distance from relative objects, etc.)?
Install on an elevated concrete cylinder footing
b. If the Artwork is comprised of more than one piece requiring special
assembly, supply documentation on how to properly install.
N/A
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).
N/A
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).
stainless steel requires little to no maintenance, and can be cleaned with chemicals in
10. Desired appearance. the event of vandalism
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? N/A
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.). clean with soap and water as desired
b. Cyclical Maintenance (less frequent and more extensive preventive
measures, e.g. disassembly and inspection; reapplication of protective
sealers, repainting etc.). inspect for damage remove unwanted debris as needed
C. What is the expected life span of this work.
the stainless-steel structure is considered
permanent and should last forever
The acrylic panels may need to be replaced in the event of vandalism or other damage
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Model views
I
Sculpture Info
Dimensions 7'x4'x5'
Weight: 450bs
Material: Stainless Steel, Architectural exterior Acrylic
Sculpture Budget
Materials 2,600.00
Contract services 600.00
Fabrication 7,000.00
Transportation/installation 1,000.00
25%artist fee 3,800.00
Purchase price with delivery 15,000.00
NkTHAN PERCE
EXHIBIT A
CONSERVATION RECORD FORM
Information to be provided by Artist:
1. Title of the Artwork.
"Monarch360Life"
2. Date of the Artwork.
2019
3. Subject Matter of the Artwork.
Abstract form of monarch butterfly
4. Artwork Media/Medium.
Stainless steel(304L), cell cast acrylic sheet(1/4")
5. Artwork Size and Dimension.
h106"x w60"x d50"
6. Brief statement for the Artwork (including subject/source of
inspiration if appropriate).
"Mona rch360Life" is a sculptural representation of the monarch
butterflies life cycle. By using forms that represent parts of this insect
I can illustrate the overall idea of this endangered insect while
leaving the viewer to use their own imagination to connect the dots.
The primary structure of this piece is constructed from 360 degrees
of arced structural tubing and is symbolic of the migration pattern
and life cycle of the Monarch.
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7. Description of materials/media.
a. Principal material used in creation.
11ga. 3041 Stainless steel
b. Any electrical components used, and if so, their operation?
N/A
C. Equipment used in creation.
welded
d. Describe how final surface was achieved.
surface prepped with course grit 3m abrasive, worked in
direction of the curves
e. Protective coating(method of application).
N/A
8. Installation.
a. Are there any special installation considerations (e.g.,
viewing height, measured distance from relative objects, etc.)?
N/A
b. If the Artwork is comprised of more than one piece requiring
special assembly, supply documentation on how to properly
install.
Acrylic panel is bolted onto the sculpture, straight forward
application, 1/4"x 20 truss head Philips hardware
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).
N/A
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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).
Stainless steel should remain as is with slight dulling from age
Acrylic will slowly dull from outdoor environmental conditions and my need
to be replaced after damage or prolonged exposure to maintain desired
appearance.
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?
Stainless steel should remain "as is", with a slight dulling from age
Acrylic will slowly dull from outdoor environmental conditions and my need
to be replaced after damage or prolonged exposure to maintain the
desired appearance.
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
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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.).
1.01 SUMMARY
This procedure includes guidance on cleaning stainless steel using a mild
detergent. See also the Stainless Steel Information Center information
booklet, "The Care and Cleaning of Stainless Steel":
http://www.ssina.com/download—a—file/cleaning.pdf
See 01100-07-S for general project guidelines to be reviewed along with
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b. Cyclical Maintenance (less frequent and more extensive preventive
measures, e.g. disassembly and inspection; reapplication of protective
sealers, repainting etc.).
Same as above. with addition to
-inspect all welds and external fasteners
-inspect acrylic for crack and defects
C. What is the expected life span of this work.
the stainless steel is considered a permanent work of art if properly
maintained. The acrylic is projected to last 10-20 years depending on
external factors,proper maintenance, and desired affect.
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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 Nathan Neufeld $15,000 Argosy Casino Parkway, bridge over the railroad tracks
7 Monarch3601-ife Nathan Pierce $15,000 Argosy Parkway, in front of the Argosy Casino
8 Riverside Rest Stop Ijake Balcom $15,000 E.H. Young Riverfront Park
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