2009-074 Arts Commission - Cindy Newton Public Arts Project Cedar Grove Park

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~~ 8-~8'-3~0°~ ~e _~ PUBLIC ART AGREEMENT BETWEEN ARTIST AND ORANGE COUNTY THIS AGREEMENT, made and entered into this the _1_~__ day of ~~ m , 2009, by and between Orange County, hereinafter referred to as "County", through the Orange County Arts Commission, hereinafter referred to as the "Arts Commission"; and Cindy Newton, hereinafter re- ferred to as the "Artist". RECITALS WHEREAS the Arts Commission has launched the Temporary Installations Made for Ele- ments (T.I.M.E) Public Art Project at Cedar Grove Park for the purpose of encouraging more Orange County artists to become public artists through participation in small-budget temporary public art projects; WHEREAS the Arts Commission requires the services of an artist to create a work of art on the fuel oil tank located at the Cedar Grove; and WHEREAS the Arts Commission has determined that Artist is qualified to create the art work desired based upon the skill, reputation and creativity of Artist, and the Artist is willing and able to perform under the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the foregoing promises and the covenants set forth below and other valuable consideration, the parties agree as follows: 1. PRELIMINARY DESIGN. Artist shall present a preliminary design (strike-off or maquette) to the Arts Commission Coordinator and the ad hoc T.I.M.E Project Public Art Selec- tion Committee on or before May 21, 2009 ("date of presentation") for approval, prior to com- mencement of the creation of the art work. The preliminary design will include the art work's dimensions, description of materials used, considerations for longevity and conservation and maintenance requirements. 2. CREATION AND INSTALLATION (a) Artist represents and warrants that the art work to be created will bean origi- nal work of art by Artist and that the art work will be a faithful rendition of the prelimi- nary design submitted by Artist and approved by the Arts Commission. All changes to the art work shall be first approved by the Arts Commission in writing. (b) Artist shall create and be responsible for installation of the art work. Artist agrees to have the art work completely installed, including all touch-up work, by June 30, 2010 ("date of installation") and be present for the dedication ceremony. Upon com- pletion of installation, the Arts Commission shall acknowledge its completion in writing, and will not unreasonably withhold approval. (c) Except as set forth in this Agreement, the costs for installation, including painting tools, laborer wages, workers compensation insurance and any other costs nec-