HomeMy WebLinkAboutC36890A-R - 2019-2020 El Paseo Sculpture Exhibition CONTRACT NO. C36890A-R
STAFF REPORT
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEETING DATE: April 12, 2018
PREPARED BY: Deborah S. Glickman, Management Analyst
REQUEST: APPROVE EIGHTEEN (18) SCULPTURES AND FOUR (4)
ALTERNATES FOR THE 2019/2020 EL PASEO SCULPTURE
EXHIBITION AND APPROVE HONORARIA OF $5,000 FOR EACH
OF THE PARTICIPATING ARTISTS.
Recommendation
By Minute Motion:
1. Approve eighteen (18) sculptures and four (4) alternates for the
2019/2020 El Paseo Sculpture Exhibition.
2. Authorize staff to finalize the negotiations of the subject contracts with
eighteen (18) artists and authorize Mayor to execute same, subject to
the satisfaction of the City Attorney.
Monies are budgeted for in the 2018/2019 fiscal year budget in the Public Art
Fund 436.
Committee/Commission Recommendation
At its Adjourned Regular meeting of March 20, 2018, the Art in Public Places (AIPP)
Commission recommended, with a vote of 4-0-0 with Commissioners Darby and
Campbell absent, to approve eighteen (18) sculptures and four (4) alternates for the
2019/2020 El Paseo Sculpture Exhibition.
Strategic Plan Objective
The El Paseo Sculpture Exhibition furthers the goal of creating an arts district along El
Paseo.
Background Analysis
The El Paseo Sculpture Exhibition was developed in 1996 by the then Art in Public
Places (AIPP) Subcommittee to help draw people to El Paseo. Art galleries in the
Coachella Valley are encouraged to apply, but the competition is open to artists
nationwide. The Exhibition changes every two years and is located on the medians of El
Paseo between Highway 74 and Portola Avenue.
April 12, 2018 - Staff Report
2019/2020 El Paseo Sculpture Exhibition
Page 2 of 3
At its meeting of November 16, 2017, the City Council approved releasing the Request
for Proposals (RFP) for the 2019/2020 El Paseo Sculpture Exhibition. This RFP
included an increase in the artist honorarium from $2,500 to $5,000 per selected
sculpture. Additionally, staff utilized an online application system called CallForEntry.org
to solicit and receive proposals for the Exhibition. As a result of the two changes, the
number of proposals received for the 2019/2020 Exhibition increased from the sixty-
eight (68) received for the 2017/2018 Exhibition, to one hundred and sixty-five (165).
On March 14 and March 20, 2018, the AIPP Commission met to review the submitted
proposals and selected eighteen (18) sculptures with four (4) alternates to recommend
to the City Council for placement on the median. The selected artists and artworks are
as follows:
Selected for the Exhibition
• Bluebird by Amos Robson
• Butterfly by Jennifer Corio and Dave Frei
• Caught Up II by Chris Rench
• Cross Pollination by Christine Rojek
• Death of Form by Jacob Burmood
• Eve by Joe Forrest Sackett
• Hurricane by Ray Katz
• Imploding Octahedron by John Simms
• In Touch by Dan Rider
• Love Lost by Ivan McLean
• Music in the Air by Mario Pikus
• Radiance by Patricia Vader
• Sentry by Thomas Osgood
• Spiritsafe #11 by John Zylstra
• Stranded Heart by John Meyer
• Twin Palms by Stephen Landis
• Untitled (Red) by Ross Kellogg
• What the Nose Knows by Ron Simmer
Alternates
• Chief Eye-Heart-Gut, Archer of the West by Jimmy Descant
• Community Unity by Cole McLaughlin
• Dragonfly by Mark Horst
• Illumetric Rectangle by Shana Mabri
Fiscal Analysis
The cost of the artwork honoraria for of the 2019/2020 El Paseo Sculpture Exhibition will
occur in the 2018/2019 fiscal year and is in the amount of $5,000 per sculpture for a
total of $90,000 for all eighteen (18) sculptures. The City Council approved this
April 12, 2018 - Staff Report
2019/2020 El Paseo Sculpture Exhibition
Page 3 of 3
honoraria amount at its November 16, 2017, meeting when it approved staff to send out
an RFP for this project.
Funds will be formally requested from Fund 436 as part of the FY 2018/2019 public art
budget.
No General Fund monies will be expended.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A 08,31-15./(4.414/
Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian
City Attorney Director of Community Director of Finance City Manager
Development
ATTACHMENTS: Draft Contract
Images of Selected and Alternate Artworks
Draft March 20, 2018 AIPP Commission Meeting Minutes
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AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
This Agreement is entered into this 12th day of April 2018, 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 2019/2020 El Paseo Sculpture 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 El 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 and, if sold, 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. Artist shall notify City
immediately upon sale of the Sculpture and include instruction regarding the party to
whom the sculpture should be released. Regardless of sale, artwork must remain on its
site for no less than six (6) months from the date of installation. Removal of the artwork
is the sole financial responsibility of the Artist. At the time of removal, a comparable
artwork in scale and medium that has been approved by the City must be installed on
the empty site. The City must be notified at least two (2) weeks prior to removal in
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order to facilitate work orders for traffic control of the portion of El Paseo where the
artwork is located. The installation is the sole financial responsibility of the Artist. If the
Sculpture is sold during the Exhibition Period, the artist must pay for a City of Palm
Desert Business License in the amount of $79.00 plus any sales tax due.
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
promotion relating to the Exhibition or the City. Such reproduction and images of the
Work which feature the Work 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 Work in which the purpose of the reproduction or image is
predominantly unrelated to the Work shall not require reference to artist.
4. Exhibition Period
The "Exhibition Period" means a period during the approximate dates of October
31, 2018, and ending on October 31, 2020, 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 (except for those pieces sold
during the Exhibition). "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 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
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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
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/1OOths ($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 ($500) of the honorarium upon
removal of Sculpture.
7. Liability for Damage or Injury
7.1 City shall insure the Sculpture against damage or loss in the
amount of XXXX dollars and no/1 QOths ($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
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is responsible and liable for any damage or destruction that may occur during
transportation of the Sculpture to and/or from the Exhibition Site, and during
installation and during deinstallation if Artist is performing the installation and/or
deinstallation.
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
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.
8. 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.
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CITY OF PALM DESERT
Dated:
Sabby Jonathan, Mayor
ATTEST:
Dated:
Rachelle D. Klassen, City Clerk
ARTIST:
Dated:
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
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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 artwork 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 artwork?
Artist Name
Artwork Title
Date
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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 artwork titled "Art" as presented by Artist John Doe.
Procedure of maintenance as described by Artist:
Artist Name
Artwork Title
Date
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ATTACHMENT C: Guidelines for the 2019/20 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, 2018 to November xx, 2018.
• 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. If a sculpture from the Exhibition is sold, the artist must resubmit for approval a
replacement for the sold artwork. The replacement piece MUST be installed at the
same time of removal of the sold piece, NO EXCEPTIONS. Artwork can be sold at
any time, but must remain in its designated location for no less than six months after
the date of installation. The Artist or representative is responsible for all
installation/deinstallation costs associated with the replacement sculpture as well as
finding a replacement sculpture acceptable to City prior to the removal of the
existing artwork. One replacement per pad may be made during the exhibition
period. No honorarium will be given for a replacement piece.
8. Bio, resume, or CV for the artist and a thorough artwork description must be
supplied.
9. Artist must provide digital image at 300 dpi suitable for publication in advertising.
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ATTACHMENT D: Designated Beneficiary of Artist in case of Death or Incapacity
of Artist
Please provide the name, address, and phone number of your designated beneficiary.
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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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•
CITY OF PALM DESERT
..:_11, i { ART IN PUBLIC PLACES COMMISSION.
• � 6 �_' MINUTES
Ttta-
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Tuesday. March 20, 2018
I. CALL TO ORDER
Chairperson Boren convened the meeting at 9:01 a.m.
II. ROLL CALL
Present Absent
Carol Adney Sonia Campbell (excused)
Maureen Boren Donna Jean Darby (excused)
Katherine Hough
Lesley Miller
Also Present
Deborah S. Glickman, Management Analyst
Debbie Thompson, Recording Secretary
III. CONTINUED BUSINESS
A. SELECT AND APPROVE EIGHTEEN (18) SCULPTURES
AND UP TO FOUR (4) ALTERNATES FOR THE 2019/2020
EL PASEO SCULPTURE EXHIBITION
Ms. Glickman stated that she reviewed the scoring from the
meeting on March 14 and eight sculptures were selected to
be included in the Exhibition.
The Commissioners reviewed the balance of the high
scoring submissions for the El Paseo Sculpture Exhibition
from the regular meeting of March 14, 2018. This meeting
was continued due to time constraints.
The following artists have been selected for the 2019/2020
El Paseo Sculpture Exhibition. Music in the Air by Mario
Pikus, Depth of Form by Jacob Burmood, Cross Pollination
by Christine Rojek, Sentry by Thomas Osgood, Eve by Joe
Art in Public Places Minutes March 20, 2018
Forrestt Sackett, in Touch by Dan Rider, Butterfly by
Jennifer Corio and ❑ave Frei, What the Noes Knows by Ron
Simmer, Imploding Octahedron by John Simms, Love Lost
by Ivan McLean, Untitled by Ross Kellogg, Twin Palms by
Stephen Landis, Stranded Heart by John Meyer, Caught Up
11 by Chris Rench, Bluebird by Amos Robinson, and
Radiance by Patricia Vader were selected for the sixteen
(16) standard size pads, and Spiritsafe #11 by John Zylstra
was selected for the one (1) small pad and Hurricane by Ray
Katz was selected for the one (1) large pad. Two (2)
alternates, illumetric Rectangle by Shana Mabari, and Chief
Eye-Heart-Gut, Archer of the West by Jimmy Descant were
selected as the alternates for the standard size pads,
Dragonfly by Mark Horst was selected as the alternate for
the small pad, and Community Unity by Cole McLaughlin as
the alternate for the large pad.
Commissioner Adney moved to accept the above listed
eighteen (18) sculptures and the four (4) alternates for the
2019/2020 El Paseo Sculpture Exhibition. Motion was
seconded by Commissioner Miller. Motion was carried 4-0-0
with Adney, Boren, Hough, and Miller voting AYE with
Campbell and Darby.
XII. ADJOURNMENT
Commissioner Adney moved to adjourn the meeting at 9:59 a.m.
Motion was seconded by Commissioner Miller.
Respectfully submitted.
❑EBBIE L. THOMPSON, RECORDING SECRETARY
2