Loading...
HomeMy WebLinkAbout25H - AGMT - PHASE 2 CABINET PROGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 15, 2015 TITLE: AUTHORIZE AGREEMENTS FOR PHASE TWO OF THE UTILITY CABINET PILOT ART PROGRAM (STRATEGIC PLAN NO. 5, 5B) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2" d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with the following artists: Crisselle Mendiola, Fernando Olivares, Alberto Donjuan, Darren Hostetter, Kristy Moreno, and Joseph A. Castro for Phase Two of the Utility Cabinet Pilot Art Program in the amount of $200 per cabinet, subject to non - substantive changes approved by the City Manager and City Attorney. ARTS AND CULTURE COMMISSION ACTION At its regular meeting on November 19, 2015 by a vote of 6-1 (Ramirez abstained), the Arts and Culture Commission (ACC) recommended that the City Council authorize the City Manager and the Clerk of the Council to execute agreements with the following artists: Crisselle Mendiola, Fernando Olivares, Alberto Donjuan, Darren Hostetter, Kristy Moreno, and Joseph A. Castro for Phase Two of the Utility Cabinet Pilot Art Program in the amount of $200 per cabinet, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 5, 2013, an Ad -Hoc Committee consisting of the Mayor, Councilman Benavides, and Councilman Reyna met to discuss opportunities for a pilot effort to use the City's traffic control cabinets as canvases for local artists, students and other community groups. The Ad -Hoc Committee decided to propose a two -phase pilot Utility Cabinet Art Program. On November 4, 2013, City Council authorized to allocate funds in the amount of $7,700 to paint utility cabinets as part of the Utility Cabinet Pilot Art Program; $6,300 was allocated to Phase One and $1,400 was allocated to Phase Two of the program. Phase One focused on painting seven selected utility cabinets located within the downtown. A stipend of $700 per utility cabinet as well as reimbursement of up to $200 for materials and supplies was awarded to selected artists. This phase was completed in November 2014. 25H -1 Phase Two Utility Cabinet Pilot Art Program December 15, 2015 Page 2 Phase Two planned to select seven utility cabinets citywide, one in each Council Ward and one at -large location and reimbursement of up to $200 for materials and supplies per cabinet upon completion of the project. On July 7, 2015, the City Council authorized staff to release the Utility Art Cabinet Pilot Program Phase Two Application to solicit project proposals to emerging, established artists, and art organizations. Outreach included posting an informational flyer on the City's website, as well as a direct e-mail to community partners, artists and art organizations who had expressed interest in receiving such notices. Applications were accepted between July 13, 2015 and August 31, 2015 online via www.submittable.com, by mail, or by hand delivery. A total of 22 applications were received, but two applications were rejected for incompleteness. The Arts and Culture Commission reviewed and rated a total of 20 completed applications and six top artists were selected with one artist awarded two utility cabinets (Exhibit 1). The applications were evaluated on the following criteria: 1. Vision and Intent - 10% 2. Why is public art important - 10% 3. How does the artistic rendering represent Santa Ana - 10% 4. Design - 70% Below are the names of the top rated artists along with the Council Ward and utility cabinet location they have been assigned. Ward assignments were based on a lottery system with the exception of Ward 3 (the artist specifically requested to paint a utility box in that ward). The seven utility cabinet locations were selected based on visibility, traffic volume and artist safety. Utility cabinet artwork and utility cabinet location map are attached as Exhibits 2 and 3. Artist .Ward Utility Cabinet Lacation Crisselle Mendiola 1 Grand & Dyer Joseph Castro 2 Main & McFadden Daren Hostetter (Santa Ana College Mural Art Class 3 Bristol & 17 Fernando Olivares 4 Bristol & MacArthur Alberto Donjuan 5 Bristol & 15 Kristy Moreno 6 Harbor & McFadden Joseph Castro At Large 17 th & Centre on 17 th Staff recommends approval of the ACC recommendation. If authorized by the City Council, the next steps will be to schedule a meeting with the selected artists to sign Artist Agreements, receive instructions from the Public Works Agency regarding preparation and painting of the utility cabinets and scheduling project kick -off and completion dates. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), 25H -2 Phase Two Utility Cabinet Pilot Art Program December 15, 2015 Page 3 Strategy B (Generate public and private support and resources to strengthen, expand and stabilize funding for the arts). FISCAL IMPACT Funding for this project will be allocated from the City Manager's Contractual Services account (no. 01103010-62300). Kelly Reenders Executive Director Community Development Agency Public Works Agency KR /CR/SB Exhibits: 1. Ranking List 2. Artist Artwork 3. Utility Box Location Map 4. Draft Agreement APPROVED AS TO FUNDS AND ACCOUNTS: ), fit' `. � . Francisco Gutierrez Executive Director Finance & Management Services Agency 25H -3 25H -4 Arts & Culture Commission Phase Two Utility Cabinet Pilot Art Project Recommendations Rank Score Applicant Ward Intersection 1 91.3 Crisselle Mendiola 1 Grand & Dyer 2 81.3 Fernando Olivares 4 Bristol & MacArthur 3 80.0 Alberto Donjuan 5 Bristol & let 4 79.0 Darren Hostetter (Santa Ana College Mural Art Class) 3 Bristol & 17th 5 78.8 Joseph A. Castro 2 Main & McFadden 6 73.8 Kristy Moreno 6 Harbor & McFadden 7 72.8 68.3 Joseph A. Castro The Art Institue of Orange County At Large 17th & Centre on 17th 8 10 67.0 Juan Olivares 11 65.5 Darren Hostetter 12 64.8 Lindsey M Guest 13 62.3 Mural Art Class 9 62.0 Antonio Pedraza 14 60.3 Liliana Garcia 15 57.5 Jorge Garcia & Eileen Hsu 16 57.4 Julio Hernandez 17 57.2 Octavio Orozco 18 52.2 Maricela Pena 19 51.3 Tony Guerrero 20 41.7 Darren hostetter 21 0.0 Miriam Ville as Rejected - application incomplete 22 0.0 Carrie Cook Rejected - application inoom lete 25H -6 gel Phase Two for the Utility Cabinet Pilot Art Program City of Santa Ana Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning o c v y C v N O �+ w U O U i O O N N_ z E N Q Y C U_ 0 O O_ N Q w F- b M 3 0 Wr i W 0 I- z 0 af LL W 0 Note: The dimensions of the template may not accurejy tetfer�ll utility boxes; proposed designs must be adjustable. ��T 0 Phase Two for the Utility Cabinet Pilot Art Prol Iram City of Santa Ana Desi n Template Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning artists. i n 3 i 4 + N S 3 ai o E N z S CON .C7 C U a v Q H w 0 z 0 LL w 0 s Note: The dimensions of the template may not accurafl ff-L8 utility boxes; proposed designs must be adjustable. ISO .l� `eij�•I w 0 z 0 LL w 0 s Note: The dimensions of the template may not accurafl ff-L8 utility boxes; proposed designs must be adjustable. 6 f- ��wt<�°yvgr Phase Two for the i, Utility Cabinet Pilot Art Program City of Santa Ana Below is a template of a typical ubitty box showing tow sides and the top. Use this template to Illustrate your color fenderang(s). You may enlarge the template as needed. Unique Colors and bold graptucs work wet along With the bright Images that oornpllment pedestrian aczfty. The 5elecban Committee w9i use th% sutxnittal Wong ' ith the application to select true winning s W 9 rm u Y U n O Phase Two for the Utility Cabinet Pilot Art Program of Santa Ana Below is a template of a typical utility box showing tour sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning artists. F" 71 I'a r : A w 0 U) N O r I , Q M Z E c � U 0 O Note: The dimensions of the template may not accurately reflect all utility boxes; proposed designs must be adjustable. 25H -10 1� w o III F" 71 I'a r : A w 0 U) N O r I , Q M Z E c � U 0 O Note: The dimensions of the template may not accurately reflect all utility boxes; proposed designs must be adjustable. 25H -10 n O Utility Cabinet Pilot Art SANTA ANA Tram City of Santa Ana Design Template Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning artists. v 3 N o I_ Z CU N Z E U c � C U_ p Q � i t 1 P-- h r ,j:�iaj r _ f O 25H -11 I W R ca a- 0 3 =� Phase Two for the O i Utility Cabinet Pilot Art Pi im 1 t� Ana Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning artists. o 1= N (6 0) J] C CO U � n. Q ¢a - F- ATTACKM 3 W 0 U) 1- Z O W LL W 0 Y U m Note: The dimensions of the template may not accu26144 2 utility boxes: proposed designs must be adjustable. Ch O � c t N u I- o � � s J O � — �J W 0 U) 1- Z O W LL W 0 Y U m Note: The dimensions of the template may not accu26144 2 utility boxes: proposed designs must be adjustable. rn r-u it on AMM 4 25H-13 11 1 VE 6i -1w bra Co rx � i b 6 z hmE sex cong T, C� (LOUT E TRC- L.&F T CC tAA Ni TV 4-� LOVE - - IS LOVE F '26H,-16 • Phase Two for the Utility Cabinet Pilot Art Pr M of Santa Ana Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and bold graphics work well, along with the bright images that compliment pedestrian activity. The Selection Committee will use this submittal along with the application to select the winning NO a Y za a) o E 'w LQ N Z C I^ CU V' U 0 Q Y CL Q M(-- W z O LL Lu ❑ Y U cc m Note: The dimensions of the template may not accur wfftility boxes; proposed designs must be adjustable. V W z O LL Lu ❑ Y U cc m Note: The dimensions of the template may not accur wfftility boxes; proposed designs must be adjustable. 25H -18 LITY CABINET LOCATI OGrand & Dyer OBristol &MacArthur e17th & Centre on 17th © Main & McFadden © Bristol & 1st © Bristol & 17th OHarbor & McFadden Mlles 2 -T139 25H -20 Utility Box Art Pilot Project Q3MZMM= City of This agreement is made and entered into as of December 16, 2015, by and between the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "), and (hereinafter "Artist ") selected to participate in the Downtown Utility Box Art Pilot Project. In consideration of the promises contained herein, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: A. Preparation 1. The Artist shall attend a mandatory pre - installation meeting with the City prior to starting work. During this meeting City staff will identify any electronics, equipment, and other facilities on the exterior of the utility box which shall not be painted, including: a. Official plaques, stickers, or identification numbers b. Keyholes, or keyhole covers c. Vents or viewports 2. The proposals were presented on November 19, 2015 to the Arts & Culture Commission, and the top seven (7) projects were selected. City Council approved the projects on December 15, 2015. 3. The Artist will have the responsibility for any cleaning, prepping and priming prior to painting. 8. Materials 1. Artist will use paint type and paint products recommended by the City which are the following: a. Paint Type: Premium high solids 100% acrylic latex waterborne exterior wall and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat. b. Paint Products (in recommended order): i. Nova Color (available in wholesale at: www.novacolorpaint.com ii. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin iii. Frazee #126 Mirro Glide Low Sheen Acrylic Latex iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 1 28"i 2l 2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending /mixing pain. Artist must provide his /her_ own additional supplies if needed. C. Project 1. Artist will paint the utility box assigned to them by the City, and nothing more. Painting of the box must be started on January 15, 2016, and must be completed by March 13, 2016. Painting may only occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four feet must be adhered to at all times. 2. Artwork must include all visible sides of the utility box including the top. 3. The Artist shall provide for City maintenance, operations, and emergency access to their respective utility box at all times. 4. Artist recognition via signature on the utility box may be no larger than 3" x 5 ". Artwork may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 6. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity or involve the attachment of any objects to the box. The Artist shall ensure that any areas utilized for the project are maintained and restored to a well- maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times, All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. D. Property Rights 1. The Artist hereby waives any legal rights under Federal, State, local, and /or Administrative law to maintain the artwork upon City property. The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation or notice to the artist. The Artist grants the City the right to use any images, photographs or video of the artwork and the installation process for publicity or promotional purposes and agree that the results of such activity shall remain the sole property of the City. 25H -22 E. Payment The City will reimburse the Artist for the cost of paint and paint supplies not to exceed two - hundred dollars ($200). The Artist must fill out and submit a reimbursement form, attached hereto and incorporated herein as Exhibit A, within 30 -days of completing the work. Receipts for the purchased items must be included with the reimbursement form. Artists will receive a reimbursement check within 30 days of submitting an approved request for reimbursement. F. Indemnity and Release of Liability Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and again all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to the by the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement. 2. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims "), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting or installation of the artwork. 3, To protect the City, Artist shall execute a Release of Liability before participating in the Utility Box Art Pilot Project. A true and correct copy of the Release of Liability form is attached hereto as Exhibit B and incorporated herein by this reference. All terms and requirements of the Release of Liability shall be enforceable in addition to all terms and requirements of this Agreement. G. Repairs If any component of the City's traffic signal system is damaged as a result of the artists' work, the artist shall arrange for a licensed contractor to repair the damage at the artists' sole expense. 2. The artist has the first option to repair artwork if damaged. The City may repair, remove or modify damaged artwork if Artist is unavailable. 25H -23 M. Termination The City may terminate this Agreement at any time for any reason. If the Agreement is terminated by the City after the painting of a utility box has commenced, Artists shall be entitled to reasonable compensation for work performed to date, minus any offset representing the City's damages should termination result from Artist's breach of contract. Artist hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. L General Terms Artist is not and any of the Artist's agents, employees or representatives are, for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 2. Neither party shall assign any rights or obligations under this Agreement. Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 4. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 6. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, 25H -24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attoyepy By: Isys "ARTIST" By: Title: CITY OF SANTA ANA DAVID CAVAZOS City Manager Recommended for Approval: Kelly Reenders Executive Director 1.'H ge Community Development Agency nt Ci Attorney 25H -25 25H -26