HomeMy WebLinkAboutC39950A-Z - 2021-2022 El Paseo Sculpture ExhibitionCONTRACT NO. C39950A-Z
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: April 16, 2020
PREPARED BY: Amy Lawrence, Management Analyst
REQUEST: Request for approval of Eighteen (18) Sculptures and Six (6)
Alternate Sculptures for the 2021/2022 El Paseo Sculpture
Exhibition.
Recommendation
By Minute Motion,
1. Approve eighteen (18) sculptures and six (6) alternate sculptures for the
2021/2022 El Paseo Sculpture Exhibition;
2. Approve honorarium of $5,000 for each of the participating artists;
3. Authorize staff to finalize negotiations of the subject contracts with the
eighteen (18) artists and authorize Mayor to execute same, subject to the
satisfaction of the City Attorney; and
4. Authorize City Manager to make changes to sculpture selection based on
staff recommendation.
Commission Recommendation
At its regularly scheduled March 16, 2020 meeting, the Art in Public Places Commission
voted unanimously to approve eighteen (18) sculptures and six (6) alternates for the
2021/2022 El Paseo Sculpture Exhibition.
Strategic Plan Obiective
Palm Desert's public art program, particularly the El Paseo Sculpture Exhibition, creates
a better community for residents and visitors to Palm Desert. This concept is in line with
the Arts & Culture Mini -Vision of the 2013-2033 Strategic Plan, Envision Palm Desert —
Forward Togetherwhich states:
"Arts and culture give a community its soul. Palm Desert is the cultural core of
the Coachella Valley. Cultural tourism drives economic growth in Palm
Desert. The community is host to internationally recognized cultural events
that bring significant economic benefits to the City. Palm Desert is a leader in
arts education, ensuring a well-rounded population that possesses high levels
of creativity and critical thinking skills."
April 16, 2020 - Staff Report
2021/2022 El Paseo Sculpture Exhibition Sculpture Approval
Page 2 of 3
Discussion
The El Paseo Sculpture Exhibition was developed in 1996 by the then Art in Public
Places (AIPP) Subcommittee in an effort to draw art enthusiasts to El Paseo. The
Exhibition, which is open to artists worldwide, rotates every two years and is located on
the medians of El Paseo between Highway 74 and Portola Avenue.
At its meeting of October 24, 2019, the City Council authorized staff to seek proposals
for artwork to display during the 2021/2022 EI Paseo Sculpture Exhibition. Staff solicited
proposals over a period of three months and received approximately 175 submittals by
artists from all over the world.
At its meeting of March 16, 2020, the Art in Public Places (AIPP) Commission reviewed
all submitted proposals and selected eighteen (18) sculptures with six (6) alternates to
recommend to the City Council for placement on the median. The selected artists and
artworks for the 2021/2022 El Paseo Sculpture Exhibition are as follows:
Selected
• Anza-Borrego by Christopher Puzio (San Diego, California)
• Applehead Golfer by Charles Fitzgerlad (Puyallup, Washington)
• Basics #42 by Matthias Neumann (Brooklyn, New York)
• Celestial Cluster by Adrian Susnea Litman (Santa Rosa, California)
• Family by Chris O'Rourke (Las Vegas, Nevada)
• Flyte by Eino Romppanen (Pahrump, Nevada)
• Hoodoos by Joan Benefiel (Brooklyn, New York)
• Kites It by Cat Chiu Phillips (San Diego, California)
• Merlin's Music by Nancy Mooslin (Newport Beach, California)
• One Another by Maxwell Carraher (Sunland, California)
• One Dancer by Tammy Holland (Fairbanks, Alaska)
• Palm Desert Stained Glass by Billy Joe Miller (Sandi Park, New Mexico)
• Portal by Jon Seeman (Laguna Beach, California)
• Portico Popilyn by Sawako Ando (Otis, Japan)
• Roasted Marshmallows by Norma Pizarro (La Mesa, California)
• Seasonal Rotation by Jennifer Kapnek (Portland, Oregon)
• Untitled by Tyler Burton (Palm Springs, California)
• Untitled by Brian Zimmerman (Webster Groves, Missouri)
Alternates (in case artists above are unable to participate)
• Cacti Sculptura by Kirk Seese (Lutherville, Maryland)
• Infusion by Sue Quinlan (Boulder, Colorado)
• Tending to Peace by Candice Sweet (Palm Springs, California)
April 16, 2020 - Staff Report
2021/2022 El Paseo Sculpture Exhibition Sculpture Approval
Page 3 of 3
• Waterfall Moon by Michelle O'Michael (Houston, Texas)
• We're Here by Chris Wubbena (Jackson, Missouri)
• Yellow Chick by Roger Leighton (Cathedral City, California)
The AIPP Commission met to select the artists prior to the closure of City Hall due to
the COVID-19 pandemic. On that day, it was unforeseeable that we would soon be
facing a crisis of this magnitude. Given that there is no way of knowing how long this
pandemic will last and what sort of orders will be in place impacting travel, it is possible
that artists selected, especially those from outside of California, may decline
participation. Staff prepared Recommendation #4 as a way to allow maximum flexibility
in an attempt to ensure all 18 pads can be occupied for the next exhibition.
Fiscal Analysis
Costs associated with the 2021/2022 El Paseo Sculpture Exhibition, including artwork
honorariums in the amount of $5,000 for each of the 18 artists (total of $90,000), de -
installation and installation costs, marketing, etc. will be formally requested as part of
the FY 2020/2021 Public Art budget (Fund 436).
No General Fund monies will be expended.
LEGAL REVIEW
DEPT. REVIEW
FINANCIAL
1 ASSISTANT
REVIEW
CITY MANAGER
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Robert W. Hargreaves
City Attorney
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Ryan Stendell
Director of Community
Janet M. Moore
Andy Firestine
Development _ _ _
_ Director of Finance_
Assistant City Manager
City Manager, Lauri Aylaian: 22
APPLICANT: None
ATTACHMENTS: Draft Contract
Images of Selected and Alternate Artworks
Contract No.C39950A-Z
AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
This Agreement is entered into this 16th day of April 2020, by and between the City of
Palm Desert, a California municipal corporation ("CITY") and John Doe ("ARTIST")
Type of Business, Location of Business, for display of an artwork entitled "Title"
("SCULPTURE") as part of the 2021/2022 El Paseo Sculpture Exhibition ("Exhibition").
RECITALS
A. The Artist desires to loan the Sculpture to the City for public display; and
B. The Art in Public Places Commission and the Palm Desert City Council have
approved a temporary exhibition of the Sculpture in a public place located on EI Paseo
between Street and Street ("Exhibition Site").
THEREFORE, for good and valuable consideration, including, without limitation,
the mutual promises, conditions, and agreements set forth herein, the City and the
Artist agrees as follows:
1. Ownership
Except as provided in Section 2, below, the Sculpture will remain the property of
the Artist. However, by virtue of this Agreement, City is entitled to possession, and
Artist agrees to relinquish possession of the Sculpture for the "Exhibition Period"
described in Section 4, below.
2. Sale of Sculpture
Artist may sell the Sculpture during the term of this Agreement; however, the
Sculpture cannot be removed until the end of the Exhibition. If sold, Artist may assign
his or her rights under this Agreement. However, under no circumstances shall sale of
the Sculpture terminate this Agreement or adversely affect City's rights hereunder
including, but not limited to, City's right of possession.
3. Reproduction Rights
Artist hereby grants City, in perpetuity, the right to photograph, film, videotape,
or otherwise depict the Sculpture at any time during the Exhibition Period and to use
such photographs, film, videotapes, or depictions at any time thereafter for purposes of
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promotion relating to the Exhibition or the City. Such reproduction and images which
feature the Sculpture as art for publicity, promotion, and educational purposes shall, to
the extent reasonably possible and appropriate, give reference to the Artist.
Reproduction and images of Sculpture in which the purpose of the reproduction or
image is predominantly unrelated to the Sculpture shall not require reference to artist.
4. Exhibition Period
The "Exhibition Period" means a period during the approximate dates of October
31, 2020, and ending on October 31, 2022. The Exhibition Period may be shortened or
extended in duration by mutual agreement between Artist and City. Notwithstanding
the foregoing, City reserves the right, in its sole discretion and with or without cause, to
decline or terminate exhibition at any time.
5. Transportation, Installation, Removal, and Maintenance
5.1 Transportation of the Sculpture to and from the Exhibition Site shall
be the responsibility of Artist. Artwork must arrive at the site ready to be secured
to the preexisting pad with tabs or another preapproved installation mechanism.
City shall bear the cost of installation and removal. "Reasonable Cost" means
those sums set forth in Attachment "A", which is attached hereto and
incorporated by this reference. Once the Sculpture is removed from the pad,
Artist is solely responsible for removing it from the premises. If the Sculpture
sells during the Exhibition, Artist is responsible for removal of Sculpture. If Artist
fails to remove Sculpture from the pad within fourteen (14) days of scheduled
deinstallation date, then City will remove and dispose of Sculpture as necessary
and will withhold Reasonable Cost from the balance of the honorarium.
Expenses in excess of the balance of honorarium will be the responsibility of the
Artist.
5.2 During the Exhibition Period, City shall be responsible for the
maintenance of the Sculpture. City shall take reasonable steps to utilize the
maintenance procedures and/or methods described by Artist and set forth on
Attachment "B", which is attached hereto and incorporated herein by this
reference, but City reserves the right to decline implementation of any or all. or
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Contract No.
any part thereof, of such procedures and/or methods if circumstances, including
but not limited to considerations of cost, render such implementation
unreasonable. In the event City declines to implement such procedures and/or
methods, Artist may undertake such procedures and/or methods at Artist's sole
expense.
6. Exhibition Honorarium
City shall pay Artist an Exhibition honorarium of five thousand dollars and
no/100ths ($5,000) for the loan of the Sculpture. City's obligation for payment is
conditioned upon completed installation and timely removal of Sculpture. Artist shall be
entitled to no payment in the event this Agreement is cancelled or otherwise
terminated, for any reason, prior to completion of installation. Payment shall be made
in accordance with the following schedule.
Installation of Sculpture. Four thousand five hundred dollars ($4,500) of the
honorarium upon completion of delivery and installation of Sculpture.
Removal of Sculpture. Five hundred dollars ($500) of the honorarium upon
removal of Sculpture.
7. Liability for Damage or Injury
7.1 City shall insure the Sculpture against damage or loss in the
amount of XXXX dollars and no/100ths ($XX,XXX.00), which the parties agree is
the fair market value of the Sculpture and the extent of the City's liability in the
event of its damage or loss.
7.2 City's obligation to provide insurance is solely for the duration of
the Exhibition Period and only while the Sculpture is located on City property.
Artist is responsible and liable for any damage or destruction that may occur
during transportation of the Sculpture to and/or from the Exhibition Site.
7.3 Artist shall indemnify and hold City harmless from any and all
claims, losses, damages, injuries, and/or liabilities, of any kind whatsoever,
including reasonable attorney fees and costs, arising out of or related to the
transportation, installation and/or deinstallation of the Sculpture if Artist is
performing the installation and deinstallation. Artist shall further indemnify and
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Contract No.
hold City harmless from any and all claims, losses, damages, injuries and/or
liabilities, of any kind whatsoever, including reasonable attorneys fees and
costs, arising out of or related to defects of the Sculpture, faulty workmanship of
the Artist, or any acts of negligence by Artist or Artist's agents.
B. El Paseo Sculpture Exhibition Guidelines
Attached hereto and made a part hereof is Attachment "C", which are the
Guidelines for the El Paseo Sculpture Exhibition. In the event of conflict between this
Agreement and the Guidelines, this Agreement will prevail.
9. Entire Agreement
This Agreement represents the entire Agreement between City and Artist and no
other representations, whether oral, written or implied, have been made nor may be
relied upon by either City or Artist. This Agreement may be modified only by writing
made after the date of this Agreement and signed by both City and Artist.
10. Governing Law
This Agreement is entered into in and shall be governed by the laws of the State
of California.
11. Death of Artist
In the event of Artist's physical incapacity or death prior to the completion of the
Exhibition, City will return the Sculpture to the person(s) designated in Attachment "D"
at the expense of Artist's estate or Artist's designee.
rd
CITY OF PALM DESERT
Gina Nestande, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
ARTIST:
Artist
[printed name and title]
John Doe (Artist)
P.O. Box
city, st xxx
xxx-xxx-xxxx
APPROVED AS TO FORM:
Robert W. Hargreaves, City Attorney
Dated:
Dated:
Dated:
Contract No.
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Contract No.
ATTACHMENT A: Transportation, Installation, and Removal Methods and
Associated Cost
Installation/deinstallation coordinated and performed by City of Palm Desert. The Artist
is responsible for transporting the artwork to the assigned site at the assigned date and
time, whereas the City will provide technical assistance with the installation process
and in securing the Sculpture to the foundation.
Please describe in detail installation methods including required bolt and screw sizes
necessary for securing the Sculpture to the concrete pad. Please note that the
concrete pad cannot be altered in any way to accommodate additional hardware to
secure the Sculpture.
Crane needed to install Sculpture?
Artist Name
Artwork Title
Date
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Contract No.
ATTACHMENT B: Maintenance Requirements and Procedure
Artist Name: John Doe
Please specify maintenance procedures or methods as to how you would like the City
to maintain the Sculpture titled "Art" as presented by Artist John Doe.
Procedure of maintenance as described by Artist:
Artist Name
Sculpture Title
Date
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Contract No.
ATTACHMENT C: Guidelines for the 2021/22 El Paseo Sculpture Exhibition
1. The Public Art Department will facilitate the Exhibition on behalf of the City of Palm
Desert.
2. All sculptures MUST be delivered and picked up from the assigned site pad on El
Paseo at the assigned dates and times.
3. The City of Palm Desert will provide the following for the El Paseo Sculpture
Exhibition.
• A crane, if needed for installation of sculpture. The installation period is
tentatively scheduled from October xx, 2020 to November xx, 2020.
• Advertising and promotion of the Exhibition
• Signage
• Pads/Lighting/Maintenance
• Dedication
• Insurance for estimated value
4. All sculptures MUST be designed with tabs or other devices that can be utilized to
easily secure the artwork to the concrete pads, and the base of the sculpture needs
to fit on the existing pad site as designated in the Call for Entries.
5. All packing and crating materials MUST be removed by the artist at the time of
installation.
6. The Exhibition period will not exceed two years.
7. Sculpture can be sold at any time, but must remain in its designated location for the
entire Exhibition.
8. Bio, resume, or CV for the artist and a thorough description of the sculpture must
be supplied.
9. Artist must provide digital image at 300 dpi suitable for publication in advertising.
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Contract No.
ATTACHMENT D: Designated Beneficiary of Artist in case of Death or Incapacitv
of Artist
Please provide the name, address, and phone number of your designated beneficiary.
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Contract No.
ATTACHMENT E: Required Forms to be returned with the Contract
• Notarized copies of Contract
• Attachment A (completed)
• Attachment B (completed)
• Attachment D (completed)
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Joan Benefiel—Hoodoos
Chris O'Rourke —Family
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Matthias Neumann —Basics #42
Norma Pizarro —Roasted Marshmallows
Maxwell Carraher—One Another
Brian Zimmerman —Untitled
!on Seeman —Portal
Nancy Mooslin—Merlin's Music
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Adrian Sus nea Litman —Celestial Cluster
Charles Fitzgerald—Applehead Golfer
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Michelle ❑'Michael—WoteifallMoon
Kirk Seese—Cacti Sculpture
Sue Quinlan —inclusion
Candice Sweet —Tending to Peace
Roger Leighton —Yellow Chick (Pad 1) Chris Wubbena—We're Here (Pad 16)
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