SR-10-14-1980-11H11-H
OCT 1 4 1980
Santa Monica, California, October 8, 1980
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Agreement for Design and Execution of Murals
Introduction
This report concerns the design and execution of Murals on retaining
walls and bridge abutments on Ocean Park Boulevard at Fourth Street,
said Murals to be completed by artist Jane Golden.
Background
At the regular scheduled meeting of
artist Jane Golden presented a plan
on the above noted City street impr,
plan in concept and instructed City
with Golden for the Murals Project,
Golden at no expense to the City.
City Council on September 9, 1980,
for design and execution of Murals
)vements. Council approved the
Staff to negotiate an Agreement
said project to be completed by
Staff has negotiated an Agreement with Golden which Agreement includes
the following principle items:
1. Project to be completed within 180 days.
2. Golden to restore the walls to original state in the event
the project cannot be completed.
3. Golden to hold City harmless and to provide Public Liability
and Property Damage Insurance; Golden also to provide Workers'
Compensation Insurance.
1S ®%4
OCT 1 4 1980
Mayor and City Council -2- October 8, 1980
4. Golden to furnish all materials and equipment; material
to be non - toxic.
5. Golden to file a copy -right of the Murals; City to be sole
owner of the completed Murals Project.
6. Golden to donate all right, title, interest and proceeds, if
any, in the completed Murals Project to City by written dedi-
cation. City to execute a written acceptance of the dedication.
7. Golden to complete the Murals Project at no expense to the
City.
The Acting City Attorney has read and approved the Agreement as to
form.
Recommendation
Staff recommends Council approve the Agreement for Design and Execution
of Murals, including the artist's concept as submitted by Golden.
s
Prepared by: David L. Shirey
Exhibit: Proposed Contract No. 3551,
Agreement for Design and Execution of Murals
CONTRACT NO® 3551 (CCs)
AGREEMENT FOR DESIGN AND EXECUTION OF MURALS
This Agreement entered into this day of October, 1980,
between the City of Santa-Monica, a chartered municipal corporation
of the State of California, hereinafter referred to as "City ", and
Jane Golden of 12333 Washington Boulevard, Box 43, Los Angeles,
California, 90066 hereinafter referred to as "Golden "] is made with
reference to the f6llowingo
WHEREAS at the regular scheduled meeting of.the Santa Monica vity
Council, on September 9, 19800 Golden did present a plan for design
and execution of Murals on the retaining walls and bridge abutments on
Ocean Park Boulevard at ° "Iourth Street, within the City; and
WHEREAS, the Santa Monica City Council did.approve the,I•:urals Project
including instructions that the City conclude an agreement with Golden
for the Murals design and execution; ;and
� 1
Whereas, Golden has furnished, a plan and schedule for the Murals Project
and is ready to proceed with the work of accomplishing said Murals Project;
NOW THEREFORE, the City and Golden do hereby agree that the ldura.ls Project
shall be accomplished under the following terms and conditions:
1 PROJECT LOCATION
The Murals'Project is to be designed and executed on City street improve-
ments on Ocean Park Boulevard at Fourth Street, specifically the Southeast
retaining wall and .Southeast bridge abutment and the Northwest retaining
wall and Northwest bridge abutment as shown on City Construction.
Drawing No. 5000, Sheets 18 and 19, which by this reference are incorporated
herein and made a part hereof, as though fully attached.
2. PROJECT COMPLETTION
The Murals Project is to be designed and executed by Golden in substantial
conformance with the Sketch submitted herewith which Sketch depicts, in brief,
Pacific Ocean Park 'beachlifel in the 1920's. There shall be no change in subject
matter from the Sketch approved herein without prior written approval of the City.
Golden shall exert reasonable diligence in maintaining the completed Murals, in-
j. TIME L M7TS
The Murals Project shall be completed by Golden within One Hundred and Eighty (180)
days after notification of acceptance of this Agreement by the City. Golden hereby
agrees to diligently pursue 'the completion of the Murals Project; should delays beyond
the control of Golden be encountered, including but not limited to, inclement weather
or unavailability of materials, City shall upon written request by Golden, extend
the completion date to correspond with the delays, encountered. City shall be the
sole judge of reasonable delays and &Tenting of time extensions for project com-
pletion; City retains the exclusive right to terminate this Agreement should Golden
fail to complete the Murals Project in a timely manner.
4. RESTORATION
Golden hereby certifies that in the event the Murals Project cannot be completed
within 'the time limits or any extensions thereof and in the manner proposed, that Golden,
at her expense, shall restore the retaining wall and abutment surfaces to 'their
original state. .
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5. HOLD HARMLESS
Page 3
This agreement is made on the express condition that the City is to
be free of all liability or loss by reason of injury to person or
property, from whatever cause, in any way. connected with Golden's use
Of City property. Golden hereby covenants and agrees to, and shall,
indemnify City and save it harmless from any and all liability, loss,
costs, or obligations on account of, or arising out of, any such
injuries or losses however occurring.
Golden hereby waivos all claims against City for damages to goods, wares,
merchandise, or improvements in, upon or about City property, and for
injuries to Golden's property or employees or any other persons in or
about the facilities from any cause arising at•any time. Golden will
hold City exempt and harmless from any damages or injuries to any person,
or to the goods, wares, merchandise,, facilities or other•property of
any person arising from the use of,the City property by Golden or
other persons or from the failure of the City to keep the property
in good condition and repair,.as herein provided, when such da:;iage
or injury shall be caused in part or in whole.by the negligence
or fault of, or omissions of any duty with respect to the same by
Golden. Golden expressly waives,all rights under Section 1542 of the
Civil Code of Californi.i as it now provides or may hereafter be amended.
Section 1542 reads as follows:
A general release does not extend to
claims which the creditor does not
know or suspect to exist in his favor
at the time of executing the release, which
if'known by him must have materially affected
his'settlement with the debtor.
Golden accepts the City property in .its present condition,
and is without any representation or warranty by City as to the
condition of such, or as to the use or occupancy which may be made
thereof and the City shall not be responsible for any latent defect
or change in their condition, or for any damage occurring thereto,
or because of the existence of any Violation of any state, county,
or municipal law.
S. PUBLIC LIABILITY AND 7ROPERTY DAMAGE III ?SURAT'CE
Additionally to and independently of all other provisions of this
Agreement, Golden shall, at her own cost and expense, procure a policy of
Comprehensive General Liability Bodily Injury and Property Damarre insurance,
Such policy shall be issued with per, occurrence limits of not less than
,0300,000.00'Combined SinCle Limit, Issued by insurers to be approved by
City, whereof City shall be the named insured® The terms of said policy
shall be for the period stated hereinabove together with any extension
thereof, so that between the execution of this Agreement and the completion
of the'Mura.ls Project or until the sooner termination thereof, City shall
always be a named, additional insured under the policy of comprehensive
puhlic liability and property damage insurance in accordance with the
foregoing. Certificate of said insurance, shall be delivered to the
City within ten (10),days after the execution of this Agreement® Said
Policy shall contain anon- cancellation ®without - notice clause and shall
provide that copies of all cancellation notices shall be sent to the City®
Page !i
7. WORKER'S COMPENSATION INSURANCE
Golden shall procure, at her expense and shall keep in force during the
term of the Murals Project adequate insurance against liability arising
on account of injuries or, death to workors or employees on the Piurals
Project. Such v,?orker's, compensation insurance to be provided by Golden
shall be in the maximum amounts obtainable against liability under the
Worker'si Compensation Insurance and Safety Act of the State of California.
8. MATERIALS / EQUIP??ENT � WORK HOURS
MATERIALS
Golden shall furnish all materials, at her expense. Type of paint shall
be non -toxic acryllic, quality to be of a type equal to or better than
NOVA COLOR; with retention life estimated to be fifteen (15) years.
EQUIPMENT
Golden shall furnish all equipment, at her expense. No equipment is to
be placed in vehicle operating rights of way; reasonable pedestrian
access is to be maintained during all work hours.
a2L HOURS
Work Hours are to be daylight hours only; all materials and equipment
are to be removed from project site each day; nothing to remain overnight.
9. NON - DISCRIMINATION
Golden, in the design and execution of t "is Murals Project and otherwise
in the use of the hereinabove named City street improvements hereby
certifies she will not discriminate or hermit discrtm nation egainst any
person or class of persons by reason of race, color, creed, or national
origin.
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10. POLICE /TRAFFIC COORDINATION
Golden shall, in the design and extension of this Murals Project,
coordinate all work activity with City's Traffic Engineer and Police
as required.
11. COPY -RIGHT
Golden shall file a Copy -Right of'the completed Murals Project in her
individual name, said Copy -Right shall show City as the sole owner of
the completed Murals Project.
12. DEDICATION TO CITY
Upon completion of the Murals Project, Golden shall donate all right,
title and interest in the Murals, their design,. or Copy -Right and
profits or income thereafter accruing, if any, to'the City. Said
donation by Golden shall be by means of a written dedication of the
Murals Project to the City and the City thereupon shall execute a
written acceptance of the dedication.
13. ENTIRE AGREEMENT
Golden and City agree that this is the entire Agreement; and that it
is not subject to modification except','in. writing, by mutual consent
of Golden and City.
In WITNESS WHEREOF City and Golden have duly executed this Agreement
this day of October, 1980.
CITY OF SANTA MONICA
A MUNICIPAL CORPORATION
By:
City Manager
Jan Go en
1233 Washin on Boulevard
�o- 43
Los Angeles, CA 90066
(213) 306 -0558
Agenda Item 11 -H: Presented for consideration was a recommendation for
approval of a contract with Jane Golden for painting a mural at the l
Fourth Street Underpass and Ocean Park Boulevard. The staff report was
presented. Councilmember Scott moved to approve the staff recommendation, -�
i.e., approving the Agreement for Design and Execution of Murals,
including the artists' concept, as submitted by Jane Golden for painting
a mural at Fourth Street Underpass and Ocean Park Boulevard and awarding
Contract No. 3568(CCS). Second by Councilmember Reed. Discussion was
held. The moion was approved by the following vote:
Council Vote: Unanimously approved 6 -0
Absent: Councilmember van den Steenhoven
Councilmember Rhoden requested the record reflect that she was opposed to
the fact that we are not including formal community input.
MINUTES OF CITY COUNCIL MEETING
October 14, 1980