HomeMy WebLinkAboutC35100 - Artwrk 4 Set of 2 Traffic Signal CabinetsCONTRACT 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 2 of 2
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
: kz
Paul Gibson, Director of Finance
Approval:
J n M. Wohlmuth, City Manager
Department Head:
V-�
Ryan Stendell,
Director of Community Development
EDUCATION
1981
1980
1970
MURALS
2013
2012
2011
2005
2003
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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
Library
"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
"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. 1s` 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, 2"d 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.
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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.
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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 corner 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
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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
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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
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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
Thirtv 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,
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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 Liability 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 coveraqe that remains in effect for the
duration of this agreement.
OTHER PROVISIONS OR REQUIREMENTS
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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 Coveraqe: 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 Rights 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 Subrogation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subroqation 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
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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 Right 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.
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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
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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
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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.
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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.
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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
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ATTEST:
By:
RACHELLE D. KLASSEN,
CITY CLERK
APPROVED AS TO FORM:
ROBERT HARGREAVES,
CITY ATTORNEY
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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.
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