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HomeMy WebLinkAboutC34680 - CO1 - New Palm Desert AppCITY OF PALM DESERT CONTRACT NO. C34680 INFORMATION SYSTEMS DEPARTMENT STAFF REPORT Request: APPROVE CHANGE ORDER #1 WITH CITYSOURCED, C34680 Submitted By: Clayton Von Helf, Information Systems Manager Date: March 10, 2016 Contents: Upgrade Contract - CitySourced Recommendation By Minute Motion: 1. Approve Upgrade Change Order #1 to Contract C34680; and 2. Authorize payment of prorated difference - $1,250. Background In July 2015, the City Council approved the new Palm Desert App. During implementation, staff realized an overlap of functionality with the Public Works work order software. By upgrading CitySourced to the Enterprise level, the work order software can be replaced. The original annual subscription for CitySourced was $6,600. The cost for the Enterprise upgrade is $9,600 per year. The work order software being replaced cost $3,885 per year. We will realize a net savings of $885 per year for an upgraded work order system for Public Works. The prorated amount for the rest of the year is $1,250, and will be due at signing. This will allow us to train on the upgraded system and will not delay the launch of our Palm Desert App. Fiscal Impact Approving the change order to contract C34680 will cost $1,250 at signing, and will thereafter result in a net savings of $885 annually. Funds are budgeted in Account No. 1104190-4336000. Submitted By: :Dep2artnt Head: Ala von If, Information Systems Manager l S. Gi son, Finance Director App ohlmuth, City Manager CONTRACT NO. C34680 CITYSOURCED, INC. CONTRACT SUBSCRIPTION UPGRADE AGREEMENT This Subscription Upgrade to Contract (this "Amendment") is entered as of Feb 25, 2016 by and between CitySourced, Inc. ("Provider") and the City of Palm Desert, California ("Subscriber") (hereinafter collectively referred to as the "Parties"). WHEREAS, Parties entered into that certain Mobile Application Customer Agreement dated July 25, 2015 (the "Contract"); and WHEREAS, the Subscriber wishes to upgrade the subscription package of the Contract as described below. NOW, THEREFORE, the Parties hereby agree as follows: UPGRADE Et PRICE CHANGE: Whereas the Software Package Name in Section 1 of Schedule A ("Software Subscription Package") is marked as "Enterprise Mobile PaaS", the Contract is modified to be marked as "Enterprise Plus Mobile PaaS" ("Enterprise Plus") giving the Subscriber any and all features associated with Enterprise Plus. Section 1 of Schedule A is hereby replaced in its entirety to read: 1. SOFTWARE SUBSCRIPTION PACKAGE Software Package Name Fee Term 0 Enterprise Plus Mobile PaaS See below. The "Initial Term" shall be for two (2) calendar years from July ❑ Enterprise Mobile PaaS 25, 2015 (the original Contract date) ending July 25, 2017 (the "Termination Date"). Upon the expiration of Initial Term, the term will continue to auto -renew to subsequent annual terms subject to any fee increases implemented by the Provider unless Subscriber notifies Provider in writing of its intention not to extend the term at least thirty (30) days prior to the Termination Date. For a full listing of software features: Contact CitySourced Sales The table in Section 2 of Schedule A ("Software Fees") is hereby replaced in its entirety to read: Product 0 CitySourced Service Requests 0 Native Whone Application 0 Native Andrutd�Application 0 Mobile Optimized HTML5 Application CS - Contract Subscription Upgrade Agreement - Confidential One Time Setup Annual Recurring $0 $9,600 SO $0 $0 $0 $0 $0 CONTRACT NO. C34680 Section 3 of Schedule A ("Pricing Summary") is hereby replaced in its entirety to read: Year One (1) Setup Costs Year One (1) Annual Recurring Costs (Enterprise Package from Jul 25, 2015 - Feb 25, 2016) Year One (1) Annual Recurring Costs (Enterprise Plus Package from Feb 25, 2016 - Jul 25, 2016) Year One (1) Total Less Payments Received Total Due upon Execution Year Two (2) and After Annual Recurring Costs (starting Jul 25, 2016; subject to the "Term" in Section 1) $0 $3,850 $4,000 $7,850 (56,600) $1,250 $9,600 1 OTHER TERMS OF THE CONTRACT: The Parties agree that all other terms, conditions and obligations of the Contract remain in effect throughout the term of the Contract except for those provisions of the Contract that are directly contradicted by this Amendment, in which event the terms of this Amendment shall control. BINDING EFFECT: The covenants and conditions contained in this Amendment shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties. CITYSOURCED, INC.: Jason Kiesel Chief Executive Officer CITY OF PALM DESERT, CA: (Name) (Position) CS - Contract Subscription Upgrade Agreement - Confidential 2 X -T CONTRACT NO. C35100 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE SUSAN SMITH EVANS TO CREATE ARTWORK PROPOSALS FOR THE SET OF TWO TRAFFIC SIGNAL CABINETS ON MAGNESIA FALLS DRIVE AND PORTOLA AVENUE. SUBMITTED BY: Deborah S. Glickman, Management Analyst DATE: March 10, 2016 CONTENTS: Susan Smith Evans' Resume Work Samples Draft Artist Contract Recommendation By Minute Motion, approve Susan Smith Evans to create artwork proposals for the set of two traffic signal cabinets on Magnesia Falls Drive and Portola Avenue. Commission Recommendation At its regularly scheduled meeting of February 10, 2016, the Art in Public Places (AIPP) Commission by unanimous vote, recommended the approval of Susan Smith Evans to work with students at a Palm Desert school, preferably Abraham Lincoln Elementary School, within the Desert Sands Unified School District to develop an artwork proposal for the set of two traffic signal cabinets on the southeast corner of Magnesia Falls Drive and Portola Avenue. Executive Summary At their meetings of October 14 and November 12, 2015 respectively, the Art in Public Places Commission and City Council approved issuing a call for artists to create a design for the set of two traffic signal cabinets at the southeast comer of Magnesia Falls Drive and Portola Avenue. The call for artists included a requirement for the selected artist to work with students from a Palm Desert school in the Desert Sands Unified School District, preferably Abraham Lincoln Elementary School, in two (2) workshops to develop two (2) to three (3) design proposals for the artwork. The design proposals will be reviewed by the AIPP Commission and brought before City Council at a later meeting for final selection and approval before being printed on vinyl and installed on the cabinets. The artist will provide the City with high resolution images of her Staff Report Magnesia Falls and Portola Traffic Signal Cabinets March 10, 2016 Page 2of2 completed artwork design and the City will coordinate and pay for the fabrication and installation of the vinyl wrap. Staff is working with the principal of Abraham Lincoln Elementary School on this project, and the artist will be required to receive all appropriate security clearances and approvals from the Desert Sands Unified School District in order to work with the students. Fiscal Analvsis The artist will be paid $775.00 for the workshops and to create the design proposals. The City will facilitate the preparation of the cabinets, at an estimated cost of $350, and fabrication and installation of the vinyl wrap. Funds are available in account number 4364650-4400100. No general fund money will be expended. Submitted By: Deborah S. Glickman, Management Analyst Review Paul Gi son, Director of Finance Approval: J n M. Wohlmuth, City Manager Department Head: VA4�- Ryan Stendell, Director of Community Development EDUCATION 1981 1980 1970 MURALS 2013 2012 2011 2005 2003 KGG. SUSAN SMITH EVANS www.SusanSmithEvans.com PROFESSIONAL CERTIFICATE IN ART THERAPY School of the Art Institute of Chicago, Chicago, IL MASTER OF FINE ARTS School of the Art Institute of Chicago, Chicago, IL BACHELOR OF FINE ARTS University of Nebraska, Lincoln, NE "Palms by the Pool', Cooper Residence, Palm Desert, CA "Eiffel Tower', Spa Du Jour, La Quinta, CA "Guanajuato Flower Seller", Teddy's Restaurant, La Quinta, CA "Legends of Molokai", Molokai Art Center, Molokai, HI Library "Water reflections", Rogers' Residence, La Quinta, CA "Saguaro Landscape", Rogers' Residence, La Quinta, CA "Community Room Mural", Palm Desert Library, Art in Public Places, City of Palm Desert, CA "Rent", private home, Palm Desert, CA "B & G Vineyard", Rogers residence, La Quinta, CA "Fladoos Fish", Fladoos residence, Rancho Mirage, CA "La Quinta, Past, Present, and Future", La Quinta Senior Center, La Quinta, CA "Tropical Entry", Private residence, Rancho Mirage, CA 2001 "Frank Lloyd Wright Room", Sirak residence, La Quinta, CA "Writing and Reading", Van Buren Elementary School, Indio, CA "Living Desert Landscape", Braithwaite Residence. Palm Desert, CA "The Solar System", Andrew Jackson Elementary School, Indio, CA 2000 "New York Skyline", Desert Deli Restaurant, Rancho Mirage, CA "Protect the Ocean", Andrew Jackson Elementary School, Indio, CA 1999 "Great is Thy Faithfulness", El Centro Christiano Libre, Indio, CA "Protect the Rainforest", Andrew Jackson Elementary School, Indio, CA 1998 "Nursing, the Art of Caring", Nursing Building, College of the Desert, Palm Desert, CA 1997 "Bill and Prudie Underhill", Action Council for 29 Palms, 29 Palms, CA "Protect our Desert Animals", Andrew Jackson Elementary School, Indio, CA 1996 "World Art History", Art Building, College of the Desert, Palm Desert, CA "Desert Landscape", private residence, Cathedral City, CA MAJOR EXHIBITIONS 2007 "More Questions Than Answers", Cypress College, Cypress, CA 2001 "Back to Basics", J. Behman Gallery, Palm Springs, CA 1997 "Paintings and Prints", 29 Palms Art Gallery, 29 Palms, CA 1995 "Juxtapositions", Mt. San Jacinto College Gallery, San Jacinto, CA 1992 "Paintings", Riverside Arts Foundation Gallery, Palm Springs, CA 1987 "Recent Work", College of the Desert Library, Palm Desert, CA 1981 `The Show Must Go On", Loop College Gallery, Chicago 1982 "Color Photographs", Sheldon Art Gallery, University of Nebraska, Lincoln. NE 1979 "Nebraska", School Gallery, Art Institute of Chicago, Chicago, IL 1973 "Recent Work", Beyond Baroque Gallery, Venice, CA SELECTED GROUP SHOWS AND COMPETITIONS 2014 "Art Walk at the River", Gallery A149, Rancho Mirage, CA "Pedal Pushing Art; Palm Springs Annual Art Competition", Commissioner's Prize, Palm Springs, CA 2012 "Venus Transits", Venus Art Studios and Gallery, Palm Desert, CA 2011 "Gallery Artists", Desert Art Center, Palm Springs, CA 2008 "Contemporary Ruin", California Center for the Arts, Escondido, CA "Faculty Art Exhibition, Marks Center for the Arts, Palm Desert, CA 2006 "Faculty Art Now", Marks Center for the Arts, Palm Desert, CA "Botanicals", Garrow Gallery Wall, College of the Desert, Palm Desert, CA 2005 "Faculty Exhibition", Palm Desert Visitor Center, Palm Desert, CA "Meta -Photography", Riverside Art Museum, Riverside, CA "Riverside County Fair & National Date Festival", Indio, CA, Photo Salon Judge's Award 2004 "Riverside County Fair & National Date Festival", Indio, CA, Salon Supervisor's Award "New Photography", Millard Sheets Gallery, Pomona. 1' prize "Faculty Exhibition", College of the Desert Marks Art Gallery 2003 "Faculty Exhibition", College of the Desert Marks Art Gallery 'Women's Art Exhibition, College of the Desert Hilb Center, Palm Desert, CA, Curator "Hansen House Benefit Exhibition, North Wing Gallery, Civic Center, Palm Desert, CA 2002 "Palms Springs Art Commission Competition, 2"d prize, mixed media, Palm Springs, CA Women's Art Exhibition, College of the Desert Hilb Center, Palm Desert, CA, Curator 2001 "Faculty Exhibition", College of the Desert Hilb Center Gallery, Palm Desert, CA 2000 "Mural Artist's/ Other Voices, 29 Palms Art Gallery, 29 Palms, CA "Sweet Arts Ball and Folderol", Rancho Mirage, CA 1999 "L.A. Printmaking Society Members", Santa Monica College Gallery, Santa Monica, CA 1997 "College of the Desert Faculty"' North Wing Gallery, Civic Center, Palm Desert, CA 1996 "Women Artists/ Works on Paper". Lankershim Art Center, North Hollywood, CA, 2nd prize "Gallery Artists", Miles Avenue Gallery, Indio, CA 1995 "Multiples", Millard Sheets Gallery, Pomona, CA "L.A. Printmaking Society Small Images Show", Tarzana, CA "Instruction", Irvine Valley College, Irvine, CA "L.A. Printmaking Society Exhibit", Wichita Falls Museum, Wichita Falls, TX 1994 "La Quinta Arts Festival", La Quinta, CA "California: Current Trends", Downy Museum, Downey, CA L.A. Printmaking Society Exchange Exhibit", Oslo, Norway 1993 "College of the Desert Faculty Exhibition", Edward Dean Museum, Cherry Valley, CA "College of the Desert Faculty Exhibition", Riverside Arts Foundation Gallery, Palm Springs, CA 1992 "College of the Desert Faculty Exhibition", Riverside Arts Foundation Gallery, Palm Springs, CA 1991 "College of the Desert Faculty Exhibition", Riverside Arts Foundation Gallery, Palm Springs, CA 1987 "Faculty Work", Cal State Dominguez Gallery, Carson, CA 1986 "Photo Department Faculty Show", Otis/Parsons, Los Angeles, CA "Artists and Photographic Installations", CEPA Gallery, Buffalo, NY 1985 "Artists and Photographic Installations", Camerawork Gallery, San Francisco, CA 1984 "Artists and Photographic Installations", 1708 East Main Gallery, Richmond, VA 1981 Holoworks/81", Rizzoli Gallery, Chicago, IL 1980 "Illinois Photographers", State Museum, Springfield, IL, purchase prize "Eccentricities", Cal Arts, Valencia, CA "Women/ Image/ Nature", Tyler School of Art, Philadelphia, PA "Photonational/ 80"' Erie Art Center, Erie, PA 1975 "Second All California Photography Competition", Laguna Beach Museum of Art, Laguna, CA "Workers Photography Exhibit", Oakland Museum of Art, Oakland, CA "The Bus Show", Pratt Institute, Brooklyn, NY 1974 "New Photographics/ 74", Ellensburg, WA "12'h Annual Purchase Prize Competition", Riverside Art Center, Riverside, CA, graphics award 1973 "L.A. Printmaking Society National Competition", Barnsdall Art Gallery, L.A., CA, purchase prize "Contemporary Photography", Sheldon Art Gallery, University of Nebraska, Lincoln, NE EMPLOYMENT Employer: College of the Desert, 43500 Monterey, Palm Desert, CA Position: Adjunct Faculty in Visual Arts, 1987-2010 Employer: Desert Sands Unified School District, La Quinta, CA Position: G.A.T.E. Class Instructor, spring semesters 1997, 1999, 2000, and 2001 Employer: The Living Desert Wildlife and Botanical Park, Palm Desert, CA Position: Art Instructor, summer 1997 Employer: College of the Desert Professor of Art, Ron Evans Position: Photographer for round -the -world sabbatical leave study of ceramics, 1988-1989 Employer: Otis/Parsons School of Design, Los Angeles, CA Position: Art Instructor, 1986-1988 Employer: Cal State Dominguez, 1000 E. Victoria, Carson, CA Position: Art Instructor, 1986-1987 Employer: Santa Monica College, 1900 Pico, Santa Monica, CA Position: Instructor, 1983-1987 Employer: Chicago Lakeshore Hospital, 44840 Marine Dr., Chicago, IL Position: Art Therapist Employer: School of the Art Institute of Chicago, Columbus Dr. at Jackson Blvd, Chicago, IL Position: Graduate Teaching Assistant Employer: Imperial Iranian Air Force, Tehran, Iran Position: English Language Instructor, 1976-77 Employer: Workshop I.E.... 2651 Main Street, Santa Monica, CA Position: Edition printer in artists' workshop, teacher of screen printing, 1972-1976 Employer: Norton Laboratories, Lincoln, NE Position: Graphic Artist Employer: Lincoln Regional Center, Lincoln, NE Position: Psychiatric Technician, 1970- 1971 Employer: Camp O-Tahn-Agon, Three Lakes, WI Position: Head Activity Counselor, Arts and Crafts, summers, 1968 and 1969 Susan Smith Evans Statement/Bio 2015 My artwork is based on observations of nature and our relationship to nature. My observations tell me that nature is complex and dynamic, composed of many layers. At any one time there is life and death, destruction and creation, old and new. My work deals with the forces of nature that have to do with these dynamic juxtapositions. My most recent art uses botanical forms to symbolize transformation, growth, decline, permanence, and possibility. Susan smith Evans grew up in the Midwest and received her BFA from the University of Nebraska. After teaching English in Iran for a year and photographing in Afghanistan, she returned to the United States and earned an MFA from the Art Institute of Chicago. In 1988-89 she accompanied Professor Ron Evans in his one-year round -the -world sabbatical leave study of Asian Ceramics as his official photographer. Susan believes in the power of art to change lives and to make the world a better place, so she taught in the Visual Arts Program at College of the Desert in Palm Desert for over 24 years. Susan continues to enjoy teaching workshops in the Coachella Valley, painting murals, and making art in many different media. 0 C r� 7 W s �E kn C N iA J9 L v 3 L a m Y 0 O 7 7 a m m 7 ]G L 0) u t a :m Y Q 0 0 v 4, c a� a U C v Ln OrJ C al OJ C OJ L 7 co C cc Q1 C C3 cc Q Q s I 3 a Contract No. AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK THIS AGREEMENT is entered into this 10th day of March 2016, by and between the CITY OF PALM DESERT, a municipal corporation (the "City") and Susan Smith Evans (the "Artist"). RECITALS WHEREAS, the City is implementing a public art program pursuant to Chapter 4.10 of Palm Desert Municipal Code, establishing an art in public places program and related development fee in the City, and pursuant to Ordinances 900 and 936, Ordinances of the City Council of the City of Palm Desert, California, establishing the organization, objectives, and responsibilities of the Palm Desert "Art in Public Places Commission" ("Commission"), and pursuant to the City of Palm Desert "Art in Public Places" program guidelines; and WHEREAS, the Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist's work, and; the City desires the Artist to create an original work of art ("the Work") for digital reproduction and installation at a location at Portola Avenue and Magnesia Falls Drive ("the Site"); and WHEREAS, the Artist's requirements and qualifications (which are attached as Exhibit "A"), has been reviewed and approved by the City Council. NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Chapter 4.10 of the Palm Desert Municipal Code, Ordinances 900 and 936, and the City of Palm Desert "Art in Public Places" program guidelines, agree as follows: ARTICLE 1: SCOPE OF SERVICES 1-1 GENERAL (a) The Artist shall perform work necessary to complete the project including but not limited to all services, supplies, materials, employees' travel, and equipment as necessary for the design, execution, fabrication, and preparation of a high resolution digital reproduction of the Work, and in accordance with the terms in this Agreement. 1 Contract No. (b) The Artist will provide the City with high resolution digital images of the Work. (c) The Artist hereby authorizes submitted artwork to be digitally transferred to the appropriate material for one (1) set of two (2) traffic signal cabinets at the southeast comer of Portola Avenue and Magnesia Falls Drive. 1-2 REVIEW OF REQUIREMENTS Phase I (a) The Artist is required to include and perform the following. • Artist resume or curriculum vitae; • Provide approved clearance from the Desert Sands Unified School District or Abraham Lincoln Elementary School, whichever is appropriate; • Business License • Host at least two (2) workshops with students attending a Palm Desert school; • Create two (2) to three (3) design proposals to be submitted to the Art in Public Places Commission for review and to City Council for final design approval. Phase II (b) Upon completion of workshops, artist must present two (2) copies of written descriptions of the proposed designs including the following information. • Artwork Description; • Work plan and Production Schedule; • Other information about the Work as may be reasonably required by the City and Commission in order to certify the compliance of the Work with applicable statutes and ordinances. (c) The City may require the Artist to make such revisions to the proposed Work as are necessary for the Work to comply with applicable statutes, ordinances, or regulations governing the project or for practical (non - aesthetic) reasons. (d) The Artist's fee may be equitably adjusted for any increase or decrease in the Artist's cost of, or time required for, performance of any revisions pursuant to this Section 1-2. Any claim of the Artist for adjustment 2 Contract No. under this paragraph must be presented to the City in writing within fifteen (15) days after the date of the revision by the Artist. (e) Within thirty (30) days after receipt of the Artist's revisions, pursuant to this Section 1-2, the City shall notify the Artist of its approval or disapproval of such revisions. The City may require the Artist to submit additional revisions until such revisions are accepted by the City. Revisions made and accepted by the City pursuant to this Section 1-2 become a part of the final design. 1-3 EXECUTION OF THE WORK (a) Upon approval by the City and written direction to proceed, the Artist shall commence with the creation of the Work. (b) Pursuant to Section 1-2 above, the Artist shall produce the Work, in accordance with such schedules. Although the schedule may be amended by written agreement between the City and the Artist, it is agreed that the Artist shall perform all of the obligations under this contract on or before September 30. 2016. (c) The City and the Commission shall have the right to review the Work at reasonable times during its development. (d) The Artist shall complete the creation of the Work in substantial conformity with the approved Proposal, including the work plan and production schedule. (e) Changes 1. The Artist shall present to the City and to the Commission, in writing, for further review, any significant changes in the scope, design, color, size, material, or texture of the Work not permitted by or not in substantial conformity with the selected Proposal. 2. If changes reviewed by the City and Commission are not approved, the Artist will not resume the Work nor resume the payment schedule until changes to the Work are reviewed and approved by the City and the Commission. 1-4 POST INSTALLATION 3 Contract No. (a) The City shall have the right to duplicate and distribute for any noncommercial purpose the artwork documentation supplied by the Artist under this Agreement. (b) The Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or dedication ceremonies relating to the transfer of The Work to the City. The City shall use its best efforts to arrange for publicity for the completed work in such publications and otherwise as may be determined between the City and the Artist as soon as is practical following installation. 1-5 FINAL ACCEPTANCE (a) The Artist shall advise the City in writing when all services required under this Agreement have been completed in substantial conformity with this Agreement. (b) The City shall notify the Artist in writing of the final acceptance (or nonacceptance) of the Work. (c) Final acceptance shall be effective as of the earlier of the following dates: i. The date of the City's notice of final acceptance; or ii. The 30t' day after the Artist has sent written notice to the City required under Section 1-6(a) unless the City, upon receipt of such 30-day notice and prior to the expiration of the 30-day period, gives the Artist written notice specifying and describing the services that have not been completed. 1-6 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damages until final acceptance. 1-7 INDEMNITY Upon final acceptance of the Work, the Artist shall indemnify and hold the City and the Commission harmless from any and all claims or liabilities then 4 Contract No. existing or arising thereafter from the Artist's negligence or willful misconduct in connection with the Work. 1-8 TITLE AND ASSIGNMENT OF ROYALTY RIGHTS (a) Title to the Work shall pass to the City upon final acceptance. The Artist hereby assigns the right to collect the royalty payment provided by Civil Code Section 986 to the City and to City's assigns. (b) Except as expressly provided in the Proposal, the City shall not intentionally damage, alter, modify, or change the Work without the prior written consent of the Artist. (c) The Artist acknowledges and agrees that the City may require the Site for purposes other than the display of the Work. The City agrees that it will notify the Artist of any proposed alteration of the Site that would require the removal or relocation of the Work or affect the intended character and appearance of the Work and will consult with the Artist in the planning and execution of any such removal, relocation, or alteration and will make a reasonable effort to maintain the integrity of the Work. ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE 2-1 AGREEMENT AMOUNT AND PAYMENT (a) The City shall pay the Artist an amount not to exceed $775.00, which will constitute full compensation and payment for all services to be performed under this Agreement including execution, fabrication, artist and/or agent travel, and transportation for the Work. Payment shall be made in accordance with the compensation schedule below. Commencement of Commission Thirty Five percent (35%) ($275) of the Commission shall be paid to the Artist upon documented proof of approved clearance from the Desert Sands Unified School District or Abraham Lincoln Elementary School, whichever is deemed appropriate. Completion/Delivery/Placement of the Work Sixtv Five percent (65%) ($500) of the Commission shall be paid to the Artist upon the Artist having completed at least two (2) workshops with students, 6 Contract No. created two (2) to three (3) design proposals for the Art in Public Places Commission's review and City Council's approval of final design, fabricated and digitally produced the design in high resolution. Final Acceptance (b) All requests for payment shall be submitted to Deborah S. Glickman, Management Analyst in writing for review and approval and must be accompanied by a detailed invoice and other documentation supporting work completed as required by the Management Analyst. (c) Payment shall be issued within 30 days of approval of detailed invoices and requests for payment by the Management Analyst. 2-2 ARTIST'S EXPENSES The Artist shall be the responsible party for all mailing or shipping charges on submissions to the City, permits, and taxes, and the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3: INSURANCE 3-1 Automobile Liabilitv Insurance Artist shall maintain automobile insurance covering bodily injury and property damage for all activities of the Artist arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles. Workers' Compensation Insurance: Artist shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Artist shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Citv of Palm Desert, its officers, agents, employees, and volunteers. If Artist does not have any employees, then this requirement can be fulfilled by signing a Declaration Regarding California Workers' Compensation form and showing proof of health insurance coverage that remains in effect for the duration of this agreement. OTHER PROVISIONS OR REQUIREMENTS R Contract No. Proof of Insurance: Artist shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coveraae: Artist shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Artist, his/her agents, representatives, employees or sub - consultants. Citv's Riahts of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Artist, or City will withhold amounts sufficient to pay premium from Artist payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subroaation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Citv of Palm Desert, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Artist hereby waives its own right of recovery 7 Contract No. against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its sub -consultants. Enforcement of Contract Provisions (non estoppels): Artist acknowledges and agrees that any actual or alleged failure on the part of the City to inform Artist of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Specifications Not Limitinq: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Artist agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability polices shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. Citv's Riqht to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, the City and Artist may renegotiate Artist's compensation. Self -Insured Retentions: Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. E:3 Contract No. Timelv Notice of Claims: Artist shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Artist's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Artist shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Indemnification: Artist shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Artist's performance of its obligations under this agreement or out of the operations conducted by Artist, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. ARTICLE 4: COPYRIGHT 4-1 Copyright in the Work and related design, drawings, sketches, and models will be owned by the Artist until acceptance of the Artist's Work by the City pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist agrees not to make use of such copyright in the Work for any purpose other than the performance by the Artist of the Artist's obligations under this Artwork Contract, without the written consent of the City. Upon acceptance of the Artist's Work pursuant to Section 1-6 hereof, copyright in the Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist or the City without the written consent of the other, which consent will not be unreasonably withheld. 4-2 The Artist certifies that the Artwork is a unique work of art especially designed for the City, and shall not duplicate or reproduce the Work nor shall the Artist permit others to do so except with the written permission of the City. 4-3 The City has the right to reproduce and distribute in printed form and on commercial documents and or brochures or any other literature of the City F61 Contract No. describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Artist for such use. 4-4 CREDIT TO THE ARTIST 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. 4-5 CREDIT TO THE CITY The Artist shall use his/her best effort to give a credit in any public showing under the Artist's control of illustrations of the Work as follows: "An original work commissioned and owned by the City of Palm Desert, California." ARTICLE 5: ARTIST'S RIGHTS 5-1 MAINTENANCE The City shall reasonably protect and maintain the Work against the ravages of time, vandalism, and the elements, in accord with the instructions of the Artist provided in this document. If after five (5) years, the Work is seriously damaged or faded, then the City reserves the right to return the cabinet(s) to its original state or the paint over the Work. 5-2 ARTIST REPRODUCTION RIGHTS Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting the Artist and the Artist's career, two-dimensional images such as photos, digital images (at 300 dpi), realistic renderings, videos, or films of the Work as installed and formally accepted by the City. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due 10 Contract No. and payable to the Artist for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City of Palm Desert. ARTICLE 6: ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist shall not be supervised by any employee or official of the City nor shall the Artist exercise supervision over any employee or official of the City. The City alerts the Artist to the provisions of the Labor Code §1771, which may require the payment of prevailing wages. ARTICLE 7: ASSIGNMENT, TRANSFER AND SUBCONTRACTING Neither the City nor the Artist shall assign or transfer any interest in this Agreement without prior written consent of the other. Upon written approval by the City, the Artist may subcontract portions of the services to be provided hereunder at the Artist's expense provided that said subcontracting shall not affect the design, appearance or visual quality of the Work and shall be carried out under the personal supervision of the Artist, and in accordance with all applicable laws. ARTICLES: TERMINATION If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely or proper manner, or otherwise violate any of the covenants or agreements material to this Agreement, then the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become City property. This, however, shall not relieve the Artist of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist. In addition to all other remedies, the City may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined. 11 Contract No. ARTICLE 9: MANAGEMENT ANALYST AND CONTRACT ADMINISTRATOR The Contract Administrator for this Agreement shall be Deborah S. Glickman, Management Analyst of the City of Palm Desert, or her designee. ARTICLE 10: NON -DECIMATION In carrying out the performance of the services designated, the Artist shall not discriminate as to race, religion, sex, age, sexual orientation, national origin, or the presence of any physical, mental, or sensory handicap. ARTICLE 11: COMPLIANCE The Artist shall be required to comply with all federal and state laws and City statutes, ordinances, and regulations applicable to the performance of the Artist's services under this Agreement, including but not limited to, Chapter 4.10 of the Palm Desert Municipal Code, Ordinances 900 and 936, and the City of Palm Desert "Art in Public Places" guidelines. ARTICLE 12: ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE 13: MODIFICATION No alternation, change, amendment, or modification of the term of this Contract shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the City and the Commission. ARTICLE 14: WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, or conditions in this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right nor an acceptance of performance. ARTICLE 15: GOVERNING LAW This Contract, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 12 Contract No. ARTICLE 16: DEATH OR INCAPACITY OF ARTIST In the event of Artist's physical incapacity or death prior to the completion of the Artwork, all payments made up to the point of incapacity or death will be retained by Artist and all work performed to date of incapacity or death will be compensated. Upon payment to compensate Artist or Artist's estate for all work performed to the date of incapacity or death, the incomplete Artwork and any materials paid for by City will become the property of City. However, if the Artwork is substantially designed and/or completed and it is feasible for the work to be fully completed without undue delay, City may elect to proceed under the terms of this Agreement with the written consent of Artist's estate. In the event that City elects to proceed with the completion of the Artwork and has obtained permission from the Artist, or his/her estate, all remaining work to be completed in accordance with this Agreement will be delegated to designated person as in Exhibit "B". ARTICLE 17: NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery and receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt requested, postage - prepaid as follows: City: c/o Deborah S. Glickman Management Analyst 73-510 Fred Waring Drive Palm Desert, California 92260 760-346-0611 Artist: Susan Smith Evans 49100 Sondgroth Court Palm Desert, California 92260 760-574-4378 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by his respective authorized officers or representatives as of the day and year set forth on page one of this Agreement. CITY OF PALM DESERT ARTIST By: ROBERT SPIEGEL, MAYOR SUSAN SMITH EVANS, ARTIST 13 Contract No. ATTEST: By: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: ROBERT HARGREAVES, CITY ATTORNEY 14 Contract No. Exhibit "B": Designated Beneficiary of Artist in case of Death or Incapacity of Artist Please provide the Name, Address, and Phone Number of your designated beneficiary. 15