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HomeMy WebLinkAboutC32400 - CA3 - Extend Loan Period of Temp Exhibition Contract No. C32400 STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: October 26, 2017 REQUEST: Approve Amendment No. 3 to Contract C32400 with Melissa Morgan Fine Art and artist Steve Tobin to extend the loan period for the temporary exhibition of Steve Tobin's sculpture Large Steel Root. Recommendation By Minute Motion: 1 . Approve Contract Amendment No. 3 with Melissa Morgan Fine Art and artist Steve Tobin to extend the temporary exhibition of Large Steel Root currently installed in Civic Center (Contract No. C32400), and authorize Mayor to execute same; 2. Authorize staff to finalize the negotiations of the subject contract with Melissa Morgan Fine Art and Steve Tobin and authorize Mayor to execute same, subject to the satisfaction of the City Attorney. No funds are required for this amendment. Strategic Plan Objective The continued exhibition of quality public art is in line with the Tourism and Marketing element of the City's Envision Palm Desert Strategic Plan. Specifically, the artwork installation contributes to: Priority 1: Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. Background On November 15, 2012, City Council approved a two year, temporary loan of the Large Steel Root by Steve Tobin from the artist and Melissa Morgan Fine Art. Subsequent to the approval of the loan, the sculpture was installed in the Civic Center and has been well received by the public. The temporary exhibition period, as per the initial contract, was December 17, 2012 — December 17, 2014. Due to the positive response to the sculpture, on January 22, 2015 staff retuned to City Council for an approval to amend the contract to extend the exhibition period for one year. Subsequently, on September 22, 2016 City Council approved a second extension to the temporary loan period through December 31, 2017. The second amendment to the contract has expired and staff is seeking a third amendment to extend the loan through December 31 , 2019. Staff Report Large Steel Root Amendment No. 3 Page 2 of 2 October 26, 2017 Melissa Morgan Fine Art and Steve Tobin have indicated that they are also in favor of the exhibition extension. v•s $- . I. d1.. aa i • g. •e X - 'Y e -h• '44111f.4 .' -:'' ! +-:per 114:1-7 : # 441k,. ,y Large Steel Root by Steve Tobin Fiscal Analysis There is no financial obligation as a result of this amendment. Prepared by: Deborah S. Glickman, Management Analyst LEGAL REVIEIN DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER 40� /.��'��" N/A ■ Robe `r er :eves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development ATTACHMENT: Contract Amendment No. 3 to Contract Number C32400 Contract Number C32400 Contract No. CONTRACT AMENDMENT NO. 3 FOR AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE THIS CONTRACT AMENDMENT NO. 3 (herein "Amendment") is made and entered into this 26th day of October 2017, by and between the City of Palm Desert, California ("CITY"), Melissa Morgan Fine Art ("Gallery") in Palm Desert, California and Steve Tobin ("ARTIST") an artist represented by Melissa Morgan Fine Art in Palm Desert, California, for display of an artwork entitled Large Steel Root and also known as Big, Big Root (the "Sculpture") in the City of Palm Desert's Civic Center Park. The parties have heretofore entered into Contract No. C32400 dated November 15, 2012 and subsequently contract Amendment 1 dated January 22, 2015 and contract Amendment 2 dated September 22, 2016, desire to amend said contract. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 4 of said agreement is amended to read as follows: "4. Exhibition Period" The "Exhibition Period" means a period during the approximate dates of December 17, 2012 and ending on December 31, 2019. The Exhibition Period may be shortened or extended in duration by mutual agreement between Gallery, Artist, and City. Notwithstanding the foregoing the City reserves the right, in its sole discretion and with or without cause to decline or terminate exhibition at any time." 2. All other terms and conditions of the Agreement, as amended, shall remain unchanged and remain in full force and effect. Contract No. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment #3 as of the date first written above. CITY OF PALM DESERT JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK ROBERT W. HARGREAVES, CITY ATTORNEY ARTIST: Dated: GALLERY REPRESENTATIVE [printed name and title] Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 Dated: ARTIST [printed name and title] Steve Tobin do Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 • l C32400 AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Agreement is entered into this 15th day of November 2012, by and between the City of Palm Desert, California ("CITY"), Melissa Morgan Fine Art ("Gallery") and Steve Tobin ("ARTIST"), for display of an artwork entitled "Large Steel Root" and also known as "Big, Big Root" (the "Sculpture") in the City of Palm Desert's Civic Center Park. RECITALS A. The Gallery and Artist desire 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 in Civic Center Park ("Exhibition Site"). THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City, Gallery and Artist agree as follows: 1. Ownership Except as provided in Section 2, below, the Sculpture will remain the property of the Gallery or Artist. However, by virtue of this Agreement, City is entitled to possession, and the Gallery and Artist agree to relinquish possession of the Sculpture for the "Exhibition Period" described in Section 4, below. 2. Sale of Sculpture Gallery or 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. Gallery or 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 one (1) year and no more than two (2) years from the date of installation. Removal of the artwork from Exhibition Site is the sole • C32400 • financial responsibility of the City. The City must be notified at least two (2) weeks prior to removal in order to facilitate work orders for removal of the sculpture. 3. Reproduction Rights Gallery and Artist hereby grant 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, provided that City gives artistic credit to the Artist concurrently with such uses. 4. Exhibition Period The "Exhibition Period" means a period during the approximate dates of December 17, 2012, and ending on December 17, 2014. The Exhibition Period may be shortened or extended in duration by mutual agreement between Gallery, 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, Maintenance, and Removal 5.1 Transportation of the Sculpture to and from the Exhibition Site shall be the responsibility of Galley or Artist. City shall bear the crane cost of removal of sculpture from current location and installation and removal at Exhibition Site. "Reasonable Cost" means those sums set forth in Attachment "A", which is attached hereto and incorporated by this reference. Gallery or Artist will be responsible for supplying a truck for transportation to Exhibition Site. Once the Sculpture is removed from the Exhibition Site, it is solely the responsibility of the Gallery or 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 Gallery or Artist and set forth on Attachment "A", 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 2 •• C32400 methods, Gallery or Artist may undertake such procedures and/or methods at Gallery's or Artist's sole expense. 6. Liability for Damage or Injury 6.1 City shall insure the. Sculpture against damage or loss in the amount of three hundred twenty thousand dollars and no/100ths ($320,000.00), 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. 6.2 City's obligation to provide insurance is solely for the duration of the Exhibition Period and only while the Sculpture is located on Exhibition Site. Gallery and Artist are 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 deinstallation if Gallery or Artist is performing the installation and deinstallation. 6.3 Gallery and Artist shall 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 the transportation, installation and/or deinstallation of the Sculpture if Gallery or Artist is performing the installation and deinstallation. Gallery and 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 Galley, Artist or Gallery or Artist's agents. 3 C32400 7. Entire Agreement This Agreement represents the entire Agreement between City, Gallery, and Artist and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City, Gallery, or Artist. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Artist. 8. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. 9. Death of Artist In the event of Artist's death during the Exhibition Period, next of kin must contact City and provide name, address, and phone number of party who will be responsible for the sculpture for the remainder of the Exhibition Period. In the event of Gallery's closure, artwork will be returned to Artist at his sole expense. CITY OF PALM DESERT ;‘614 �/ Dated: /" / - 0/�3 --)or, City of Pam Desert ATTEST: iamb t Dated: 1 - (4-2-[)1 Ra elle D. Klassen, City erk 4 C32400 ARTIST: � l Dated: I Z ( Gallery Re resentative (J) ( OCti \\a le VOL--t-tin S 1\k0, [printed name and title] ] Melissa Morgan Fine Art 73040 El Paseo Palm Desert CA 92260 Dated: /07 ao la Artist /o / & [printed name and title] COMMONWEALTH OF PENNSYLVANIA Steve Tobin Notaria Seal Claire B.Duran,Notary Public c/o Melissa Morgan Fine Art Coopersburg Bora,Lehigh County 73040 El Paseo Mrconwr�on June 11 2015 MD18ER,Fe«r1ETia+dP NOTARIES Palm Desert CA 92260 • .gialti4V APPROVED AS TO FORM: JDavidJ in, City Attorney 5 ( ( - . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - i s - , c comer, r r„r,c zrcr s0-..tt.cr,.crzy ",z z.,, tr , ,�cr..u. r..crp, > • State of 6aa %/Ms)//�/�01 County of l_di On /�, 0 /02 before me, e4/re ,e( Jp4n , D le Here Insert Name and Title of the Officer personally appeared _S-7 V. "7/1/ Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMMONWEALTH OF PENNSYLVANIA I certify under PENALTY OF PERJURY under the laws Notarial seal of the State of California that the foregoing paragraph is Claire B.Duran,Notary Public true and correct. Coopersburg Bata,Lehigh County My Commission on Esplres lute 11,2015 MEMBER,PftimeYkvANT.AeaYwrfrw nc WOTARIts WITNESS my hand and official seal. Signature (2% # Z1/0,��.�Z� Place Notary Seal Above Signature f otary Publ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): D Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General RIGHTTHUr.16PRINT 0 Partner—0 Limited ❑General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator D Other: 0 Other: Signer Is Representing: Signer Is Representing: 1(.^;da AA.7740$ 41i. CS o AMOSiia`eMfod t`;L•�+C ief4 i vialg.:CA..r1ASt vtti-'ti4 02007 National Notary Assodation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 85907 Reorder.Call Toll-Free 1.800-876-6827 C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sc a-r., rac. a � r r , ..ec."^ con.a crr r."ra r. re<-x,twtc cr State of California County of t Ve'YS iot e On 2-0�� before me�(N�1(,�A 1�64YYII��-Z' Paio. 11( Date / Here Insert, an T of t Officer personally appeared .� 16,1106( (' Mein Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persop(s whose nammK is/ace subscribed to the within instrument and acknowledged to me that ZENAIDA RAMIREZ Se/she/they-executed the same in his/her/their authorized and that by#iis/her/tiaeir si nat the Commission #� 1946031 = capac' - g ure(s}-vr1 .�•�='� instrument the perso , or the entity upon behalf of €;� Notary Public-California > _ .r; Riverside County which the perso acted, executed the instrument. `^L M Comm.Expires Jul 30,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and icial I. Signature Place Notary Seal Above Sig re of otary P OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General RIGI IT THUMBPRINT 0 Partner—0 Limited 0 General RIGHT THUr.iBPRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Li Other: 0 Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 < < . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.�c�..��c ���r.cr ..��.�c.�.�z�..�r. .�,�,c�.�,.erg•.cr�r.�c�.�r.�. .�.c�.�.cr.;��.� State of California County of // tie/Si Ct On J O f1i.(1"":/ 111,A:e before me, . (-. Sanchez, /)C>t''Y 7-zet /ic. Date Here Insert Name and Title of the Officer personally appeared Jai' 0, HO/f)/k Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. M.G.SANCHEZ Commission#1906339 z I certify under PENALTY OF PERJURY under the laws Notary Public-California z i Riverside County ' of the State of California that the foregoing paragraph is ' My Comm Expires Oct 29,2014 true and correct. WITNESS my hand and •'icial seal. Signature / )<"l' ! Place Notary Seal Above 'gnature of Not, ' •' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the •ocu •nt and could prevent fraudulent removal and reattachment of this form to another documen Description of Attached Document Title or Type of Document: C 39 G ` Hfi' xvt /_&n L jE JI�E`El�1GY�t Document Date: AI ei71�}fi /5 , )/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signe Name: ❑ Individual ❑ Individu. C• •orate Officer—Title(s): 0 Corporate • •'cer—Title(s): ❑ Partne 0 Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Li • -d ❑ General RIGHTTHU(.1BPRINT ❑ Attorney in ct OF SIGNER 0 Attorney in Fact OF SIGNER Top of thumb here Top of thumb here Trustee 0 Trustee ❑ Guardian or Conserv. • 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w nv.NattonaiNotary org Item 415907 Reorder:Call Toll-Free 1.800-876.6627 C C32400 ATTACHMENT A: Transportation, Installation, Maintenance, and Removal Methods and Associated Cost Artwork Transportation Installation/deinstallation coordinated and performed by City of Palm Desert. The City is responsible for the crane costs associated with removing Sculpture from its current location and placing it at Exhibition Site. Gallery or Artist is responsible for transporting Sculpture to Exhibition Site. Maintenance Requirements and Procedures Artist and Gallery specify maintenance procedures or methods to be followed by the City to maintain the artwork titled "Large Steel Root" and also known as "Big, Big Root" as presented by Artist Steve Tobin. Specifics are as follows: 6 Large Steel Root by Steve Tobin installed at Civic Center _ , :, . 1;' IN,11/4 ' • of.a. , -• 74' , • . -Igt.• • . ,, ...• 6 . _ ,Y'• r.,41AF..1"Ir•- 1.• •..-4-41'^k-4A-51. - ; ,. , . , . •-, erl ,. .- , 4.41. !' ' '' •''"---'- •- • • .. .A:- f •• ' •••, ,..0,i, --- '.:".', •%.T • 1• ' •' ' , • • .I•i. . _. -10.41.-,-;;L=b,. ., _. •,.:.'4ir:•,;14"'Y,..':IA e . - ' • - • . . • . , - _ - .27-'. 1.4r.z,-'''.-• , 44 , .. , • ,.4,7:161ii•_"jr!..-' ' .1,41111ff •-'' - ',,S. ... .„' • • .11; ' .V". o• , ;.. : ' ''.4".•'' *:''.01.. iiiirtiopi;,, .. . J . .. 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