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HomeMy WebLinkAbout2005 CON Richard Becker Sculpture - Fire Station Art PieceCity of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 16, 2005 11 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION A Resolution of the City Council of National City approving an Agreement with Richard Becker Sculpture for $70,000 to Design, Fabricate and Install an Art Piece on the Property of National City's Main Fire Station #34 Leslie Deese DEPARTMENT Community Services Phone: (619) 336-4242 Please see attached Report Environmental Review X N/A Financial Statement The amount for the Contract Agreement is $70,000. Funding is available through Accourr No. 250-409-500-598-1588 STAFF RECOMMENDATION Adopt the Resolution G `"a-12-24... FYbs Account No. BOARD / COMMISSION RECOMMENDATION The National City Public Art Committee unanimously recommended Richard Becker to be the most qualified artist to perform the work. ATTACHMENTS ( Listed Below ) 1. Staff Report 2. Resolution 3. Artist Biography ..7o DS -s.2 Resolution No. 6,00.5.---/79 A-200 (9/80) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $70,000 WITH RICHARD BECKER SCULPTURE TO DESIGN, FABRICATE AND INSTALL AN ART PIECE ON THE PROPERTY OF NATIONAL CITY'S MAIN FIRE STATION NO. 34 WHEREAS, the City desires to employ an artist for the creation of an original sculpture for National City's Main Fire Station No. 34, which includes the design, fabrication and installation of the art piece on the property; and WHEREAS, the City has determined that Richard Becker is a sculptor and is qualified by experience and ability to perform the services desired by the City, and Richard Becker is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Richard Becker Sculpture in the amount of $70,000 for the creation of an original sculpture for National City's Main Fire Station No. 34, which includes the design, fabrication and installation of the art piece on the property. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16t" day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: A Resolution of the City Council of National City approving an agreement with Richard Becker Sculpture for $70,000 to Design, Fabricate and Install an Art Piece on the Property of National City's Main Fire Station #34 In approving the funds for the new Fire Station, the City Council allocated 1 % of the construction budget to public art to reaffirm its commitment to enriching the lives of our residents. In April, 2005 a Request for Qualifications was issued to design, fabricate and install an art piece on the property of National City's Main Fire Station #34. The requested services included research, coordination, schematics, drawings and other related services. On April 14, proposals were received from the following artists: • Richard Becker • T. J. Dickson & James Nelson • Dan Dykes • Carolyn Guerra • Frank Mando/John O'Connell/Simon Andrews • Mark Martinsen • Louise McDowell • John Sisko • Michael Stutz • Virdin Company • A. Wasil An Artist Selection Committee was established from members of the Public Art Committee, Engineering Department and Fire Department consisting of Memo Cavada, Skip Holloway, Randy James, Jeff Katz, Steve Kirkpatrick, Janice Martinelli, Susanna Peredo, and Jess VanDeventer. The Selection Committee evaluated all the proposals and completed its preliminary review of the statement of qualifications. The Committee selected four artists to be interviewed and further considered: • Richard Becker • T. J. Dixon & James Nelson • Mark Martinsen • John Sisko Based upon the results of the proposal/evaluations and the interviews, Richard Becker was found to be the most qualified artist to perform the work. The full Public Art Committee unanimously approved the Selection Committee's recommendation. The contract before the City Council for approval is for the completion of the Fire Station Public Art Project. A more detailed scope of work, cost estimates, and schedule is contained in the attached Agreement. . A biography of the artist is attached as Exhibit "A". #1 Awards & Recognition - National Sculpture Society's Edward Fenno -Hoffman Prize for uplifting works - National Finalist, National Figure Modeling Competition - Works selected for Art to Benefit Humanity Auction, Ritz -Carlton, Laguna - Member of the San Diego Museum of Art Artist Guild, The National Sculpture Society and the International Sculpture Center Education - Tutelage of Martine Vaugel, Rodin Prize recipient, Director New York Art Academy - Escola d'Art Barcelona - Los Angeles Art Academy - Stanford University Commissions - Frontier -Life Monument, City of Poway (public unveiling Summer 2006) - Mountain Lion grouping, City of Poway (public unveiling Summer 2006) - WWII Portrait commission (public unveiling May 2005) - Portrait of Captain Matt Bancroft, USMC, Bancroft Foundation Private Portrait of I. Fonts, Barcelona, Spain Exhibits - "The Sea," Park Avenue Atrium, New York City (thru Apr 1) - San Diego Museum of Art, Festival of Fine Arts (2005) - Sculpture in the Park, Loveland, Co (2004) - Exclusive Collections Gallery, San Diego, CA (2002) - Fingerhut Gallery, La Jolla, CA (2002) Collections - Works in private collections in the US, UK and Europe. richard pecker sculpture "What Becker expresses cannot be taught" -- San Diego Union Tribune "Exquisite" - - San Diego No. County Times "Bronze Brilliance" - - Decor and Style Magazine 2003 Edward Fenno -Hoffman Prize Recipient Member of the National Sculpture Society and the Artist Guild of the San Diego Museum of Art www.richardbecker.co Born in 1958 in Southeast Los Angeles, Richard Becker demonstrated an early proficiency for the arts. An "award -winning" sculptor at age 8, he continued to draw and paint as a youth, but with his aptitude for the sciences and his drive to move past his circumstances, he built a career in technology including several patents and an advanced degree from Stanford. Aside from an occasional drawing or sketch, he dropped art completely -- he took only one art class after age 12. Twenty-four years later, Richard began a 3 year European work assignment that brought art back into his life. "While living in Barcelona and traveling in Europe 1 had an artistic awakening. Art was everywhere — the plazas, the museums, the architecture... l was especially drawn to sculpture. One day I bought some clay on a whim. I sat on the veranda and formed a crude little head. It was an electric experience — I loved it. From that moment on creating sculpture has been my consuming passion." Making up for "lost" time, Richard's artistic training has been intense. While living in Spain, he studied at Barcelona's Escola d'Art. Returning to the U.S. in 1997 with a drive to capture expressive human realism, he studied briefly at the Art Academy of Los Angeles, worked under New York Academy of Art Sculpture Director and Rodin Grand Prize winner Martine Vaugel, with sculptor Chris Pardell and with anatomist Vlad Medenica. g Richard's home and studio are in Southern California. His works can be found in European and American collections and have been humbly exhibited alongside world greats including Hart, Picasso and Rembrandt. In 2003 Richard was invited into the Artist Guild of the San Diego Museum of Art and Awarded the National Sculpture Society's Edward Fenno Hoffman Prize for uplifting sculptural works. Richard is currently creating two monumental sculptures for the City of Poway's new Fine Arts and Education Center. richard Becker sculpture wwv'.richardbecker.cam san chego museum of art richard becker sculpture National City Fire Station Interview 05.05.05 richard Pecker sculpture wmv.richardbecker.com Objectives • Provide the information requested including - previous experience, demonstrated performance — approach — draft timeline — examples • Have a 2-way conversation about your vision and some preliminary concepts • Answer other questions to help determine if there is a good match © richard becker sculpture www.richardbecker_corn Typical Approach & Process I) Concept Planning a) Discussion b) Research, gather info, photos and guidance from client stakeholders c) Create / review preliminary sketches d) Review / Approval process per client e) Client / artist agreement II) Scale-model(s) Sculpting a) Hire models, obtain photos & artifacts if required b) Create scale sculpture(s). c) Meet with client for any changes and approval (any changes should be done at thls stage) III) Full-size Sculpting a) Rough enlargement of scale model I) Digitally or manually b) Modeling and finishing in clay c) Casting qty, installation reqmts specified d) Client approval at studio © richard Becker sculpture IV. Foundry Process a) b) c) d) e) f) 9) h) i) v. create molds pour and chase wax ceramic shell around wax bum -out wax and fire shell Pour metal chip away shell, sandblast Weld sections chase metal for texture and finish Apply colorants, patinas Delivery VI. Installation (if required) a) Site eh preparation, mus� udinng concrete and li Payments in installations • 1/3 down to start • 1/3 upon approval of scale model(s), before foundry 1/3 upon delivery www.richardbecker.com Dra Schedule MONTH TASK 1 2 3 4 5 6 concept approval sculpt final clay - begin mid -sculpt progress review (photos, or at studio) sculpt clay - finish final clay approval (photos, or at studio) create molds foundry: wax, casting, patina, mounting hardware final casting approval (photos or at foundry) site preparation (city) Ship delivered 1 8 z;: - _. 0 0 O richard 'pecker sculpture www. richard becker. coin example for discussion Poway Art Center Initial Concept Discussed Feel Photo from Determined Councilmember. scope and 'content" w/ panel (City Mgr, Council Members, Redevelopment Mgr, etc). Research w/ SD Historical Society Worked Created with concepts. Architect, Reviewed, Mayor, adjusted Team on realtime 3-d integratio sketches w/ with Bldg team. Selected _ concept eAa-r ale for discussion WWII Veteran / POW Bust Nice Portrait bust plus -Medal integration -Pulled up schedule / PR for 60th anniversary of Liberation 1VE Day -Time Capsule (Surprise Unveiling San Diego Veterans Administration Building 12 May 05) Expected Outcome • Hopefully, you will come away with: • a good understanding of how I can help you • very high confidence that I will do an outstanding job managing the project — on -time and within budget • excitement that together we can create a timeless, enduring work of art that will honor, inspire, engage and grace National City for centuries. © richard becker sculpture wmw. richa rdbec ker. com Relevant Backgrouno & Experience 8 years experience creating bronzes, managing my works thru foundries Experience in concrete, some masonry (enough to hire and manage contractors, work with inspectors) Degree in Mechanical Engineering (helps w/ design) - Degree in Engineering Management 11 years successful project/program management experience - Consistently rated in top 5-10%n of managers - High-tech, complex international - Constant cross-cultural collaboration - Manage mufti -million $ budgets, tight, very complex schedules Bottom Line: l can collaborate, gain consensus, create, manage the production and oversee the installation of a wonderful piece of aft! © richard becker sculpture vnvw.richa-dbecker.com ARE: - Rough - Ugly, even horrifying - To help visualize in 3-d - To provoke discussion Symbolic of the connection between the firefightditr the ones theik*eiVe.;- their community, their world 0 =hard becker sculpture •the flatlined young father that lived to raise his children the drowned daredevil toddler who was revived and lived a icing happy life -equipment from over the yearsfirefighters:•2 'f:rc )in today and yesteryear www.richardbecker.com Saving Lives Protecting Property Serving the Community 4 Concepts BUT FIRST........ richard 'pecker sculpture www.richerdbecker_ccm -coupled with an, e ip re'ssj -on of satisfaction, thankfulness :front: human elementelementback: histwry, timeline mfimportant events, technological innovations ° | will Uomyvery best to deliver, onschedule and budget, mworld-class work of art: — THAT PAYS TRIBUTE TOTHE FIREFIGHTERS THAT SERVE THIS COMMUNITY (PASTPRESENT AND FUTURE) — THAT HONORSV|NGP|QESTHE PUBLIC SERVICE — THAT THE FIREFIGHTERS AND COMMUNITY WILL ENJOY AND BE PROUD TDHAVE GRACE THEIR NE|GB0RHOOD — THAT WILL LAST CENTURIES —|NCONTENT AND ARTISTIC MERIT —ACULTURAL ARTIFACT FOR GENERATIONS T(}COME 0nmambanker sculpture v�wwxmube:ker oom 6 OD con ac infarati©n richard becker sculpture +1.858.513.2735 email: rb@richardbecker.com website: www.richardbecker.com © richard becker sculpture www richardbecker.com richard becker sculpture sample works. National City Fire Station RFQ 24 Mar 05 richard becker sculpture www.richardbecker.com richard becker sculpture queen of the sea www. rich a rd becker. coal peaceful moments richard becker sculpture O richard becker sculpture www.richardbecker.com peaceful moments 11 © richard Becker sculpture www.richardbecker.c©m richard beckei richardbecker com richard becker sculpture vvww. richardbecker. corn richarcl becker sculpture 3 a.m. femme study (sisters) www.richardbecker.com richard becker sculpture soul mates www.richardbecker.com seeking serenity C� richard becker sculpturewww.richardbecker.com O richard Becker sculpture portrait of capt mattbancroft usmc www. rich and Becker. com richard [Kicker sculpture richard becker sculpture maquettes in progress poway art center www.richardbecker.com 9£/2. £1,9 999 4+ 131 moo ia:loagpaegou'Mmnn einldln3s Je eq pJegop woo-aamoagpaelaop PANVA BAN 'A;aloos aAn1dlnos leuopeN 'azud ueuafoH ouued .S p,eMp3 £OOL JouulAA ,aouegIIau aZLIO.Ig„ samI Aµmop "V Q3arJueq-. „apobx2,; aq Iouueo sessadxa aan}dlnos ae eq pJegop • " 4 4 4 41',',V 4 k - 4 Ca ta ozstmg droaI is Wu Viiefed, serene. tslesenbesas. is . ivo aIlotivs him to purr. udshau hes ul . , Ile aged prfl i .: . whaCoyerteasan d'fee ni6etodort he- sa wo tted43tco # isi©.a r aes�rosslad* i.,4 milPiltsmof*. ire ts,TItsbiothar'hSt ersais%r 14! 3ecjcerhunseifdiec '0 iFa edasayottth bu only{SaeaiEc1assafferage12 Essinter-. . mor..etu maXflrc.RC�CslaF7"rIIrseaBZS shegzewltabe taleati#owa •r7sctence: _ tt�tnoinggi3eT+eF-+*neanengmeer'and dins- mastersclegr ineugmeeringfirom- Uniaers$yiaY988 3ss�gried§u.1996io.., $arcelgna-0P ofiusjnbatHewIef#Packard: hehada iawalker4 iiusda} Janiar}=tb,2t1 twascvc vw�teSe Tuerewasartinl±ie emnseacnsanaTfiB��f+� "r•l"- fnl�tt�he*especially (3neafteritoonlbought e=vcxanda"aud formeda _�ead.Frorzrthatmomentou, meat • mgsciilpturebasbeEn mYcbnsuimngPagsion �ni b{h has si years heliashadaliti3e v iaai'hio�.m�ietr_ofv2rieh veasvisiEza„v Ilie great museiimS of Europe. `yrye EurVewAthavengeance"he • said.Heaud7 isife Jerinte aIspsacQtheau r r.traiusofEgui)F.andartmthe cities otWest ersi,$e studreiiaYBarcelona sEscoiad'rt audupon pbaningto,d).6 ife3Stafesml997, aaian dta :4 weelatfeJikeuess r1tivasawayt Iaonorzuieofour wlin tired fot as iukeep out freedon said " I�esart€hem�vdevoteait'iustm3C� somedau buttliatwotx'�ne�a'wii�� othiswarkat$e pleitPaekaixS.. iiavesuchagoodztaydb iTiatE`aeaIl3 Berard.`RvlaYbew Ti, eiu Formbreoi matconatioutR? sec sa his -web skeatr>vw lchardhecicercorrs ]z ni:at (808) l55S3i3$. PattiVicdrmac'safree-!ncewtrierfr 10rtt:ta :_.;: Town Focus ort?oWay is. pub4hed each7itasda} tio:you have;astory idea fioi.-Pbway� FoespeaaI • eve;its pleasesleriusatteasffaurweekshrad-:- - vance We work ahead! contactsbsan$tiaqu'o a. (760 75Z-o795"orsharonshia064u0ioriino coin.'" RICHARD BECKER IMAGES LIST (nat city firehouse slides richard becker.ppt) 1. The Queen of the Sea a. proposal for the Port of SD and the City of Laguna Beach b. Bronze c. Maquette: 9 x 6 x 6 in. Full size proposed: 6 feet tall 2. Peaceful Moments I / Enjoy the Silence a. Bronze b. 27x6x7in 3. The Surfer a. Bronze b. 21x10x19in 4. Peaceful Moments II / The Muse a Bronze b. 26x8x7in 5. The Athlete a Bronze b. 12x7x4in 6. Relax a. Bronze b. 14x6x6in 7. Femme Study (the sisters) a. Bronze b. 12x5x5in 8. Soul Mates a. Bronze b. 36 diameter by 6 in deep 9. Seeking Serenity a. Bronze b. 36 x 16 x 10 10. Portrait of Capt Matt Bancroft USMC a Bronze b. Life-size: 22 x 12 x 12 11. The Couple a. Bronze b. 12x13x5in 12. Frontier -Life Monument (in progress) a. Bronze (clay shown) b. Maquette: 27 x 16 x 16 in c. Monument: 84 x 60 x 60 in (plus 24 inch tall granite base) 13. Mountain Lions (in progress) a. Bronze (clay shown) b. Maquette: 12 x 16 x 11 C. Monument: 48 x 54 x 44 15836 Sent Tree Road, Poway, CA 92064 USA Page 4 of 4 Tel / FAX 858.513.2735 Mat Attachment to Agenda Item # 11 August 16, 2005 City Council Agenda Attached is a copy of the Agreement between the City of National City and Richard Becker Sculpture for the creation of the Fire Station Public Art Piece. The City Attorney has reviewed and approved the Agreement. Thank you! - Leslie AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICHARD BECKER SCULPTURE THIS AGREEMENT is entered into this 16th day of August 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Richard Becker (the "ARTIST"). RECITALS WHEREAS, the CITY desires to employ an ARTIST for the creation of an original sculpture (the "Work") for National City's Main Fire Station #34. WHEREAS, the CITY has determined that the ARTIST is a Sculptor and is qualified by experience and ability to perform the services desired by the CITY, and the ARTIST is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF ARTIST. The CITY hereby agrees to engage the ARTIST and the ARTIST hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The ARTIST represents that all services required hereunder will be performed directly by the ARTIST or under direct supervision of the ARTIST. 2. PURPOSE. The CITY hereby commissions the ARTIST and engages his services in the conceptualization, creation, design, production, transport, and installation of an original sculpture as generally described in Section 3 below. The ARTIST hereby agrees to provide those services in conformance with the terms of this Agreement. 3. SCOPE OF SERVICES. The ARTIST shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the ARTIST, from time to time reduce or increase the Scope of Services to be performed by the ARTIST under this Agreement. Upon doing so, the CITY and the ARTIST agree to meet in good faith and confer for the purpose of negotiating a Revised August 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 7% from the base amount. 4. PROJECT COORDINATION AND SUPERVISION. Leslie Deese hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The ARTIST shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the ARTIST. Richard Becker thereby is designated as the Project Director for the ARTIST. 5. DESCRIPTION OF THE WORK. The CITY and the ARTIST agree that the Work will consist of an original bronze sculpture similar in fabrication cost and artistic complexity to Figure 1, "Concepts 2 and 3" shown to the National City Public Art Committee during the artist interviews (see below). The ARTIST agrees that the Work will be created specifically and exclusively for the CITY, that it will be the ARTIST's own work, in the ARTIST's style and of comparable quality to his other bronze works. c n nt 'j Tr= of I- and CP e �or.,,�,�� �e ire a�i vices Figure 1. "Concepts 2 & 3" Shown in the Artist Interviews 6. PHASES OF WORK: Under this commission the ARTIST will complete the Work in the following phases: A. Concept Design. The ARTIST shall create the conceptual design for the Work in the form of studies, sketches, drawings, clay studies of the concepts requested, and one composition maquette of the Work, all for approval by the CITY. The ARTIST shall prepare a written description that shall include identification of materials, approximate dimensions, approximate weight and other pertinent Paae 2 of 15 information. Any of the "non -bronze" components of the concept (landscaping changes, lighting, concrete, etc) will also be defined during this phase and roles and responsibilities will be defined. The CITY will provide for such "non -bronze" components including but not limited to landscaping changes, lighting, and concrete. The ARTIST shall prepare a detailed Schedule of Performance (the "Schedule of Performance") for the subsequent phases of work, consistent with the milestones identified in Section 7. The ARTIST will consult with the CITY as necessary to gain approval of the maquettes, materials, mounting methods and schedules. The CITY will collaborate with the ARTIST and ensure the Concept Design meets all required code and safety requirements. The CITY will be responsible to create, manage and execute the "city requirements" activities such as installation drawings, permits, inspections, etc. Upon written approval of the maquette, materials, and schedules (collectively, the "Concept Design") by the CITY, this phase shall be complete. B. Full -Scale Sculpting. Upon written approval of the Concept Design by the CITY, the ARTIST shall create the full-size, detailed clay (and possibly other media) sculpture for approval by the CITY. This approval will be done at the ARTIST's studio in Poway, or from photos and videos if preferred by the CITY. Upon written approval of the full-size clay sculpture, this phase shall be complete. C. Foundry Work. Upon written approval of the Full -Scale Sculpture by the CITY, the ARTIST shall commence the mold -making, foundry processes and complete the Work in bronze, for approval by the CITY. This approval will be done at the Foundry, or from photos and videos if preferred by the CITY. Upon completion and written approval of the Work in bronze, this phase shall be complete. D. Delivery and Installation. Upon completion and written approval of the Foundry Work by the CITY, and upon completion of the non -bronze components required for mounting, the ARTIST shall deliver, or cause to have delivered, the Work to the site or to a location nearby designated by the CITY. It is agreed that the cost of delivery to the site shall be the responsibility of the ARTIST. It is further agreed that the ARTIST will be responsible for the Work while in transit and will be responsible for completing any necessary repairs or adjustments to the Work upon arrival at the site. 7. SCHEDULE. The Schedule of Performance for the Work to be prepared by the ARTIST and approved by the CITY shall include the following milestones: A. Concept Design. Ready for Approval: 45 days or upon recommendation by the National City Public Art Committee and approval by the City Council. B. Full -Scale Sculpting. Ready for Approval: Concept Design Approval + Four (4) months. Paae 3 of 15 C. Foundry Work. Ready for Approval: Full -Scale Approval + Three (3) months. D. Delivery and Installation. Ready for installation within two (2) weeks of Foundry Work Approval. Modifications to the Schedule of Performance may be made if agreed upon by both parties in writing. 8. FEES. The total fee and expenses due the ARTIST for the Work shall be $70,000. This amount includes all fees and expenses incurred for the completed Work, including but not limited to all consultation and concept approval, one detailed full-sized clay sculpture, sculpting, casting, foundry costs, process documentation, delivery, supervision of installation, and taxes. The ARTIST shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 9. APPROVALS AND PAYMENTS. The CITY will review the work at each phase. Written approval at each phase of work will be required before the subsequent phase begins. Payments, as described below, will be made upon approval of each phase of work and upon submittal of an appropriate invoice by the ARTIST. A. Concept Design. Payment of $21,000 (30% of the fee) upon execution of this Agreement. Review and approval of the Conceptual Design is required before the ARTIST begins the full-scale sculpting phase. B. Full -Scale Sculpting. Payment of $21,000 (30% of the fee) upon approval by the CITY of the full-size sculpture in clay (and possibly other media). Review and approval of the full-scale sculpture in clay is required before the ARTIST begins the foundry phase. C. Foundry Work. Payment of $21,000 (30% of the fee) upon approval by the CITY of the completed sculpture in bronze. Review and approval of the Full -Scale sculpture is required before the ARTIST begins the installation phase. D. Delivery and Installation. Payment of $7,000 (10% of the fee) upon the installation of the Work and final acceptance by the CITY. If the installation site is not ready at the time of the approval of the Work, and installation is delayed more than thirty (30) days after approval of the Work, a payment of $3,500 (5% of the fee) shall be made promptly upon expiration of that thirty (30) day period. Final payment of $3,500 (5% of the fee) shall be made within thirty (days) of Work installation and final acceptance by the City. Paae 4 of 15 10. RISK OF LOSS AND INSURANCE. The ARTIST shall bear all risk of loss or damage to the Work until it is delivered and installed at the site. 11. EARLY TERMINATION. Notice of early termination shall be given in writing and shall state the grounds for termination and the ARTIST retains all rights to use the art elsewhere. The following shall constitute grounds for early termination: A. Concept Design. If the CITY does not approve the Conceptual Design, this Agreement shall terminate and the ARTIST shall retain the fee paid upon execution hereof. B. Full -Scale Sculpting. The CITY may terminate this Agreement at any time during the full-scale sculpting phase of work. In that event, the CITY shall pay to the ARTIST the pro rata portion of the payment for the full-scale sculpting phase in relation to the degree of the sculpting phase completed, but in no event shall the ARTIST be obligated to refund any part of the payment prior to this phase. C. Foundry Work. The CITY may terminate this Agreement at any time during the foundry phase of work. In that event, the ARTIST retains ownership and rights to the molds and any castings produced and the CITY shall pay to the ARTIST the pro rata portion of the payment for the foundry phase in relation to the degree of the foundry phase completed, or the actual costs paid to the foundry and mold -makers, whichever is greater and but not to exceed the scheduled payment for the foundry work phase. In no event shall the ARTIST be obligated to refund any part of the payments made prior to this phase. D. Delivery and Installation. The CITY may terminate this Agreement after completion and approval of the foundry work but prior to installation. In that event, however, if the CITY approved the Work at the completion of the foundry phase of the work, full payment shall be due to the ARTIST. E. Nonpayment. The ARTIST shall have the right to terminate this Agreement only in the event that the CITY fails for a period of sixty (60) days, without cause, to pay to the ARTIST any payment due. Such termination by the ARTIST shall not preclude the ARTIST from pursuing his remedies for collection of any payment due. F. Default by ARTIST. The CITY may terminate this Agreement upon the failure of the ARTIST to comply with the approved Schedule of Performance. A failure to comply with the Schedule of Performance shall occur when the ARTIST fails to meet a performance milestone within forty-five (45) days of the approved date. G. Death or Incapacity of the ARTIST. This Agreement shall terminate upon the death or incapacity of the ARTIST. The ARTIST's estate shall retain all payment made prior to such event, but shall be entitled to no further Page 5 of 15 payments, nor bear any liability for the failure to complete the Work. The CITY shall be entitled to all written materials, maquettes, clay compositions, and the sculpture in progress upon such termination, and Section 10 shall survive such termination. 12. REPRODUCTIONS. The ARTIST may create one set of reference castings at the ARTIST's expense. No other three-dimensional reproductions of the Work, or portions thereof, shall be created without the express, written consent of both the ARTIST and the CITY. 13. OWNERSHIP RIGHTS AND LICENSES. Ownership of all materials and concepts produced for the CITY under this Agreement, including but not limited to the completed Work, "molds," clay constructions, maquettes, and all rights to licensing and reproductions of the Work (except as expressly provided in Section 9 above), shall pass to and become the property of the CITY, once payment for that phase of work is made by the CITY. The CITY, at its option, will store all "molds" for future repairs. The ARTIST shall retain the copyright to the Work, but shall exercise no rights thereto inconsistent with the provisions of this Section 10. The ARTIST shall retain the right to approve all photographic documentation of the Work, where the Work is the primary subject, during the development and for a period of one year after installation, to be used in publications the CITY controls or authorizes, provided that such approval shall not be unreasonably withheld. The ARTIST shall be credited in any and all materials and documents concerning the Work produced under the CITY or CITY's control. The ARTIST shall retain the right to use images of the Firehouse and Work in the ARTIST's materials, portfolio, and any other printed use (other than use for sale) the ARTIST or his heirs authorize. The ARTIST hereby assigns to the CITY all rights to produce, give, sell, and distribute still or motion images and models or other likeness of any kind of the Work, the compensation for which is part of the fee described above, but shall exercise no rights thereto inconsistent with the provisions of this Section 10. The CITY agrees to provide appropriate credit to the ARTIST on all such material. The ARTIST agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the ARTIST'S written work product for the CITY's purposes, and the ARTIST expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 14. REPAIRS. To the extent practical, all repairs and restorations made during the lifetime of the ARTIST shall have the ARTIST's approval. To the extent practical, the CITY shall give the ARTIST the opportunity to perform the repairs and restoration at a reasonable fee. Paae 6 of 15 15. PROCESS DOCUMENTATION. The ARTIST shall document, photographically and in writing, the creative process and the production of the Work at various and appropriate stages and shall provide that documentation to the CITY at the time of installation of the Work in a form suitable as a basis for for use in an exhibit describing the creation of the Work. 16. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. Neither the ARTIST nor the ARTIST'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the ARTIST and the ARTIST'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the ARTIST and its employees. Neither this Agreement nor any interest herein may be assigned by the ARTIST without the prior written consent of the CITY. Nothing herein contained is intended to prevent the ARTIST from employing or hiring as many employees, or subcontractors, as the ARTIST may deem necessary for the proper and efficient performance of this Agreement. All agreements by ARTIST with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 17. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the ARTIST or any of the ARTIST'S employees except as herein set forth, and the ARTIST expressly agrees not to represent that the ARTIST or the ARTIST's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the ARTIST, its agents, servants, and employees are as to the CITY wholly independent contractors and that the ARTIST's obligations to the CITY are solely such as are prescribed by this Agreement. 18. COMPLIANCE WITH APPLICABLE LAW. The ARTIST, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The ARTIST, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 19. LICENSES, PERMITS, ETC. The ARTIST represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The ARTIST represents and Paae 7 of 15 covenants that the ARTIST shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the ARTIST to practice its profession. 20. STANDARD OF CARE. A. The ARTIST, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the ARTIST's trade or profession currently practicing under similar conditions and in similar locations. The ARTIST shall take all special precautions necessary to protect the ARTIST's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the ARTIST warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the ARTIST's professional performance or the furnishing of materials or services relating thereto. C. The ARTIST is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the ARTIST has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the ARTIST has notified the CITY otherwise, the ARTIST warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the ARTIST to use due diligence under this sub -paragraph will render the ARTIST liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 21. NON-DISCRIMINATION PROVISIONS. The ARTIST shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The ARTIST will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The ARTIST agrees to post in conspicuous places available Paae 8 of 15 to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 22. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the ARTIST certain confidential information to enable the ARTIST to effectively perform the services to be provided herein. The ARTIST shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The ARTIST shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the ARTIST, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the ARTIST without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the ARTIST by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The ARTIST shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the ARTIST shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The ARTIST shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 23. INDEMNIFICATION AND HOLD HARMLESS. The ARTIST agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the ARTIST's negligent performance of this Agreement. 24. WORKERS' COMPENSATION. The ARTIST shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the ARTIST under this Agreement. Paae 9 of 15 25. INSURANCE. The ARTIST, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurance. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of ARTIST's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the ARTIST shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the ARTIST does not keep all of such insurance policies in full force and effect at all times during the terms of this Pale 10 of 15 Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 26. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 27. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 28. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the ARTIST. During said 60-day period the ARTIST shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the ARTIST in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Paae11of15 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the ARTIST as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the ARTIST, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the ARTIST shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the ARTIST's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the ARTIST; (2) a reorganization of the ARTIST for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the ARTIST. 29. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the ARTIST: Leslie A. Deese Community Services Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Richard Becker Richard Becker Sculpture 15836 Bent Tree Road Poway, CA 92064 Paae 12 of 15 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 30. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the ARTIST shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The ARTIST also agrees not to specify any product, treatment, process or material for the project in which the ARTIST has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The ARTIST shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The ARTIST shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the ARTIST has a financial interest as defined in Government Code Section 87103. The ARTIST represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the ARTIST shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the ARTIST shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the ARTIST shall obtain from the City Clerk. The ARTIST shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the ARTIST. 31. WAIVER. Due to the nature of the work of art and the site on which it is installed, the ARTIST and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in Civil Code Section 987. The ARTIST agrees that upon completion, the physical work of art which is created pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the ARTIST hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Code Section 988. The ARTIST, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. Pape 13 of 15 32. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Paae 14 of 15 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL SsITY RICHARD BECKER SCULPTURE By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: ((-�<'6. "�---_ R'chard Becker Paae 15 of 15 RESOLUTION 2005 — 178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $70,000 WITH RICHARD BECKER SCULPTURE TO DESIGN, FABRICATE' AND INSTALL AN ART PIECE ON THE PROPERTY OF NATIONAL CITY'S MAIN FIRE STATION NO. 34 WHEREAS, the City desires to employ an artist for the creation of an original sculpture for National City's Main Fire Station No. 34, which includes the design, fabrication and installation of the art piece on the property; and WHEREAS, the City has determined that Richard Becker is a sculptor and is qualified by experience and ability to perform the services desired by the City, and Richard Becker is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Richard Becker Sculpture in the amount of $70,000 for the creation of an original sculpture for National City's Main Fire Station No. 34, which includes the design, fabrication and installation of the art piece on the property. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. Nick Izunza, Mayor ATTEST: Mich: el Dalla, • ty Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney Passed and adopted by the Council of the City of National City, California, on August 16, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California ,11 City CI rk of the ty of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-178 of the City of National City, California, passed and adopted by the Council of said City on August 16, 2005. City Clerk of the City of National City, California By: Deputy