Item 1.4 - Amendments to the Agmts with Artful Living and Vandable Sculpture for Tony Gwynn Memorial Proj. •
0.,c{ OF ppW APPROVED 0.,c{
City of Poway APPROVED AS AMENDED ❑
(SEE MINUTES)
1.11;' COUNCIL AGENDA REPORT DENIED ❑
tiF C IN � REMOVED ❑
CONTINUED
Resolution No.
DATE: March 7, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robin Bettin, Director of Community Services it
CONTACT: Roger Morrison, Senior Management Analyst ti(858) 668-4581 or rmorrison @poway.org
SUBJECT: Amendments to Agreements with Artful Living and
Vandable Sculpture for the Tony Gwynn Memorial
Project
Summary:
The agreements for the public art project management and sculpture for the Tony Gwynn
memorial project are set to expire on May 6 and March 17, respectively. Completion of
the work will occur after these dates, Therefore, time extensions of the agreements are
necessary to complete the project. No additional funds are being requested.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute the Second
Amendment to the Standard Agreement for Services with Artful Living and the First
Amendment to the Standard Agreement for Services with Vandable Sculpture to take the
Tony Gwynn Memorial project to completion.
Discussion:
At the October 6, 2015, City Council meeting a Standard Agreement for Services was
approved with Artful Living for the inception, installation, launch, and adoption of the Tony
Gwynn Memorial Project. That agreement is slated to expire on May 6, 2017. An
agreement with the sculptor of the memorial, Vandable Sculpture, was approved on May
17, 2016, and will expire on March 17, 2017. Although substantial progress has been
made and the project is nearing completion, the memorial has not yet been installed. This
project has been complex in nature, involving fundraising efforts and coordination with
the Gwynn family.
Staff recommends extending both agreements through June 30, 2017, to allow sufficient
time for completion of the project. No additional funds are being requested.
1 of 6 March 7, 2017, Item # �,�
Extension of Agreements With Artful Life and Vandable Sculpture
March 7, 2017
Page 2
Environmental Review:
This item is not subject to CEQA.
Fiscal Impact:
None.
Public Notification:
Additional notification was sent to: Rebecca Basford, Artful Living, 11406 Meadow Grass
Lane, San Diego, CA 92128; and Seth Vandable, dba Vandable Sculpture, 2855 Fairway
Drive, Cedar Hill, TX 75104.
Attachments:
A. Second Amendment to Standard Agreement for Services with Artful Living
B. First Amendment to Standard Agreement for Services with Vandable Sculpture
Reviewed /Approved By: Reviewed By: Approved By:
�---
Wendy lZaserman
Assistant City Manager
2of6
Morgan L. Foley Tina White
City Attorney City Manager
March 7, 2017, Item # 1 14
SECOND AMENDMENT TO THE STANDARD AGREEMENT FOR SERVICES
BETWEEN THE CITY OF POWAY AND ARTFUL LIVING
This Second Amendment to the Standard Agreement for Services between the City
of Poway and Artful Living (the "Second Amendment ") is made and entered into effective
this 7th day of March, 2017, by and between the City of Poway, a California general law
city and municipal corporation (the "City "), and Artful Living ( "Consultant ").
RECITALS
1. City and Consultant entered into that certain "Standard Agreement for
Services ", dated October 6, 2015, (the "Agreement ") in which the City hired Consultant to
provide public art project management services for the City's Tony Gwynn Memorial (the
"Project "). The Agreement establishes the terms and conditions for professional art and
design consultant services for the Project.
2. The Agreement had a term of one year, expiring on October 6, 2016.
3. On October 4, 2016, City and Consultant executed the First Amendment to
the Standard Agreement for Services to extend the term of the Agreement for a seven -
month term, beginning October 6, 2016, and terminating May 6, 2017.
4. City and Consultant now agree to extend the term of the Agreement for an
additional term beginning May 6, 2017, and terminating 12:00 a.m. on July 1, 2017.
5. This Second Amendment is necessary to extend the term of the Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section C of the Special Provisions in Exhibit "A" of the Agreement is
hereby repealed.
Section 2. A new Section C is hereby added to the Special Provisions in Exhibit
"A" of the Agreement to read as follows:
C. Term of Agreement
This Agreement shall be effective from the period commencing October 6,
2015, and ending 12:00 a.m. on July 1, 2017, unless sooner terminated by City as provided
in the section of this Agreement entitled "Termination." Upon expiration or termination of
this Agreement, Consultant shall return to City any and all equipment, documents or
materials and all copies made thereof which Consultant received from City or produced for
City for the purposes of this Agreement.
3 of 6 ATTACHMENT A March 7, 2017, Item # Ll�-
Section 3. Except as otherwise modified by this Second Amendment, all other
terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to be executed the day and year first above written.
CITY OF POWAY, ARTFUL LIVING
a California municipal corporation Rebecca Basford
Tina White, City Manager
ATTEST:
Nancy Neufeld, CMC, City Clerk
Rebecca Basford
APPROVED AS TO FORM:
Morgan L. Foley, City Attorney
4 of 6 ATTACHMENT A March 7, 2017, Item # N
FIRST AMENDMENT TO THE STANDARD AGREEMENT FOR SERVICES
BETWEEN THE CITY OF POWAY AND SETH VANDABLE,
DBA VANDABLE SCULPTURE
This First Amendment to the Standard Agreement for Services between the City of
Poway and Seth Vandable, dba Vandable Sculpture (the "First Amendment ") is made and
entered into effective this 7th day of March, 2017, by and between the City of Poway, a
California general law city and municipal corporation (the "City "), and Seth Vandable, dba
Vandable Sculpture ( "Artist ").
RECITALS
1. City and Artist entered into that certain "Standard Agreement for Services ",
dated May 17, 2016, (the "Agreement ") in which the City hired Artist to create and install a
bronze sculpture for the City's Tony Gwynn Memorial (the "Project "). The Agreement
establishes the terms and conditions for design, fabrication, and installation of the Project.
2. The Agreement has a term of 10 months, expiring on March 17, 2017.
3. City and Artist now agree to extend the term of the Agreement for an
additional 116 days, beginning March 17, 2017, and terminating 12:00 a.m. on July 1,
2017.
4. This Second Amendment is necessary to extend the term of the Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section C of the Special Provisions in Exhibit "A" of the Agreement is
hereby repealed.
Section 2. A new Section C is hereby added to the Special Provisions in Exhibit
"A" of the Agreement to read as follows:
C. Term of Acreement
This Agreement shall be effective from the period commencing May 17, 2016,
and ending 12:00 a.m. on July 1, 2017, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination." Upon expiration or termination of this
Agreement, Consultant shall return to City any and all equipment, documents or materials
and all copies made thereof which Consultant received from City or produced for City for
the purposes of this Agreement.
Section 4. Except as otherwise modified by this FirstAmendment, all otherterms
and conditions of the Agreement shall remain in full force and effect.
5 of 6 ATTACHMENT B March 7, 2017, Item #
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed the day and year first above written.
CITY OF POWAY, SETH VANDABLE, DBA
a California municipal corporation VANDABLE SCULPTURE
Tina White, City Manager
ATTEST:
Nancy Neufeld, CMC, City Clerk
Seth Vandable
APPROVED AS TO FORM:
Morgan L. Foley, City Attorney
6 of 6 ATTACHMENT B March 7, 2017, Item # t,�