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Commission conditionally approves life‑size Phoebe Hearst statue after removing substitution language
Summary
After debate over a contract clause allowing the artist sole discretion to substitute performers/contractors, the commission approved placement of a life‑size bronze Phoebe Hearst statue at the library on a 4–1 vote, contingent on removing or negotiating the substitution language with the artist.
The Anaconda‑Deer Lodge County Commission conditionally approved placement and a contract for a life‑size bronze statue of Phoebe Hearst at the local library after commissioners objected to contract language that would have given the artist an unfettered right of substitution.
A representative of the historic resources board presented the project and said the board and library staff support siting the statue at the library, noting ADA access adjustments and that the artist had visited the site. County staff said a draft general services agreement for approximately $50,000 is in the packet but that edits remain to be finalized.
Commissioners focused on a clause giving the artist an "absolute" right to substitute another party to perform obligations. One commissioner said that clause "bothers me" because the work was expected to be done by the named artist; the county attorney and staff said they would remove or negotiate the clause with the artist. Historic resources board members said the artist was enthusiastic and would accept reasonable edits.
Commissioner Odette (functional label used in the transcript as an introducer) and others sought approval conditioned on removal of the substitution clause. A motion to approve the statue placement and the contract with the substitution language removed (or amended to the county's satisfaction) passed on a 4–1 vote.
What happens next: the county attorney will work with the artist to remove or reword the substitution clause; if the artist agrees, the contract will be executed and the project will move forward to foundry and installation scheduling.
