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4.11 SR 12-05-2022Request for Action To Item Number Mayor and City Council 4.11 Agenda Section Meeting Date Prepared by Consent December 5, 2022 Tina Allard, City Clerk on behalf of Ron Nierenhausen, Police Chief Item Description Reviewed by Sculpture Monument Agreement Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the Elk River Police Protector Sculpture Commission Agreement. Background In December 2021, the Council approved moving forward with a fundraising campaign for a law enforcement monument to be placed at the entrance to the police department. Our fundraising goals have been met and formal approval of the agreement is requested. A resolution accepting the donations will be presented at the next meeting. Financial Impact Staff time coordinating the campaign. Mission/Policy/Goal N/A Attachments ■ Agreement The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 ELK RIVER POLICE PROTECTOR SCULPTURE COMMISSION AGREEMENT THIS ET is made on ths B odm Studios, MInc. 70127 330'h Street all, MN 55353,her........._..��.�............__,2022, between Y _ einafter referred to as ARTIST, and City of Elk River, 13065 Orono Parkway, Elk River, MN 55330, hereinafter referred to as BUYER. WHEREAS, BUYER desires to commission ARTIST to design and construct an original bronze work of art: of a single life-size officer and a single child WHEREAS, ARTIST desires to create the above -mentioned ARTWORK; WHEREAS, both parties wish the integrity and clarity of the ARTIST'S ideas, and the quality and beauty of the ARTWORK, to be maintained and protected; NOW, THEREFORE, the parties mutually agree upon the following: I. DESCRIPTION OF THE ARTWORK ARTWORK shall be created in actual life-size scale (approximately seventy-four (74) inches tall for officer, exclusive of base), and shall be created using the "lost wax" method of bronze casting. ARTWORK shall be finished in an antique bronze patina, suitable for exterior. ARTWORK shall depict a uniformed officer holding the hand of a child. BUYER has commissioned ARTIST to create this ARTWORK as a tribute to the Elk River Police Department. A. ARTIST shall accurately depict the uniform, insignia, badges and equipment, according to pictures and information provided, as specified by the BUYER'S representatives. B. BUYER shall provide a suitable base for ARTWORK. ARTIST shall prepare the statue for mounting and shall be available to advise on installation. II. COMMISSION FEE BUYER shall pay ARTIST the sum of forty-seven thousand dollars and no cents ($47,510) plus additional costs specified in other sections or any addendum to this agreement. III. PAYMENT SCHEDULE A. A down -payment of twenty thousand dollars and no cents ($20,000) shall accompany the signed commission agreement, prior to commencement of the work. B. The final payment of twenty-seven thousand dollars and no cents ($27,000) plus any applicable taxes is due and payable at the time of delivery. C. The invoice for $510 and zero cents ($510) for delivery and install will be billed separately and shall be due and payable within fifteen (15) days of receipt of invoice. A hoist/lift must be provided by the BUYER. IV. DELIVERY AND INSURANCE COSTS A. BUYER shall be responsible for all delivery and installation costs, which shall be billed separately and due within 15 days of receipt of invoice. B. ARTIST shall be responsible for insurance coverage during the commission period. ARTWORK shall be insured for full value during transportation to the site, and responsibility for coverage passes to the BUYER upon delivery. V. COPYRIGHT ARTIST shall retain the copyright on ARTWORK and all reproduction rights shall be expressly reserved. ARTIST herein grants BUYER the limited license to make two dimensional reproductions of ARTWORK for non-commercial purposes, including, but not limited to, advertising, publicity, catalogs and similar publications, provided that these rights are exercised in a tasteful and professional manner. ARTIST'S copyright (as shown below) shall be clearly displayed on all reproductions and ARTIST shall be given a credit line in all editorial reference. © 2022 Brodin Studios, Inc. All Rights Reserved VI. UNVEILING/DEDICATION BUYER shall notify ARTIST as to the date and time of the unveiling and dedication ceremonies. BUYER agrees to furnish ARTIST with a copy of all promotional materials, programs, videos and articles dealing with ARTWORK and the unveiling. VII. MAINTENANCE/REPAIR BUYER agrees that it will not intentionally destroy, damage, or otherwise alter, modify or change ARTWORK in any way. All repairs and restorations shall be the responsibility of the BUYER. ARTIST shall provide BUYER with a copy of written "care" instructions, covering maintenance of the surface of the sculpture. VIII. TITLE OF ARTWORK BUYER shall have the right to determine the official title of the ARTWORK, and shall inform ARTIST of such at the earliest convenience. IX. MODIFICATIONS TO THE AGREEMENT Modifications to any section of this agreement must be made in writing, signed by both parties and attached as an addendum. X. JURISDICTION The laws of the state of Minnesota shall govern this agreement. Signed this By _ ARTIST/AGENT Brodin Studios, Inc. 70127 3301h Street Kimball, MN 55353 day of BUYER City of Elk River 13065 Orono Parkway Elk River, MN 55330 2022.