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HomeMy WebLinkAboutC35240A-R - 2017-2018 El Paseo ExhibitionCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE EIGHTEEN (18) SCULPTURES AND FOUR (4) ALTERNATES FOR THE 2017/2018 EL PASEO EXHIBITION AND APPROVE HONORARIA OF $2,576 FOR EACH OF THE PARTICIPATING ARTISTS SUBMITTED BY: Deborah S. Glickman, Management Analyst DATE: April 28, 2016 CONTENTS: Images of Proposed Selections and Alternates for the 2017/2018 El Paseo Exhibition Draft Contract Recommendation By Minute Motion: 1) Approve eighteen (18) sculptures and four (4) alternates selected for the 2017/2018 El Paseo Exhibition; and 2) approve honoraria of $2,576 for each of the participating artists. Funds will be available in Account Number 4364650-4400200 in Fiscal Year 2016/2017. Commission's Recommendation At its regularly scheduled meeting of April 13, 2016, the Art in Public Places (AIPP) Commission recommended, with a vote of 4-0-0 with Commissioner Bussing absent, to approve eighteen (18) sculptures and four (4) alternates for the 2017/2018 El Paseo Exhibition. Strateqic Plan Obiective The El Paseo Exhibition furthers the goal of creating an arts district along El Paseo. Backqround The El Paseo Exhibition was developed in 1996 by the then Art in Public Places Subcommittee to help draw people to El Paseo. Art galleries in the Coachella Valley are encouraged to apply, but the competition is open to artists nationwide. The Exhibition changes every two years and is located on the medians of El Paseo between Highway 74 and Portola Avenue. Staff Report 2017/2018 El Paseo Exhibition April 28, 2016 Page 2 At its meeting of October 14, 2015, the Art in Public Places Commission voted to curate the 2017/2018 El Paseo Exhibition. At that meeting a subcommittee was selected to review the proposals and select eighteen (18) sculptures and up to four (4) alternates to present to the full Commission for placement in the 2017/2018 El Paseo Exhibition. At its meeting of November 12, 2015, the City Council approved releasing the call for entries for the 2017/2018 El Paseo Exhibition. The call for entries was released in January 2016, and sixty-eight (68) proposals from forty-seven (47) artists were received. On April 8, 2016, the subcommittee of the AIPP Commission met to review the submitted proposals and selected eighteen (18) sculptures with four (4) alternates for the median. At its meeting of April 13, 2016, the Art in Public Places Commission reviewed the subcommittee's selections and unanimously approved the artworks and alternates for the 2017/2018 El Paseo Exhibition. Fiscal Analvsis The cost of artwork honorariums, de -installation of the current exhibition, and installation of the new exhibition will occur in the 2016/2017 fiscal year and is estimated to be $67,500. Funds are budgeted for in Account Number 4364650-4400200 in Fiscal Year 2016/2017, the year in which the contracts will be paid. Honoraria are given to assist artists with fabrication, transportation, and other related costs. No General Fund monies will be expended. Submitted By: Deborah S. Glickman, Management Analyst Reviewed: k1I Paul Gibson, Director of Finance Approval: . kllva J in Carthy, Inters it} Manager Department Head: PO Ryan Stendell, Director of Community Development AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Agreement is entered into this 28th day of April 2016, by and between the City of Palm Desert, California ("CITY") and John Doe ("ARTIST"), for display of an artwork entitled "Title" ("Sculpture") as part of the 2017/2018 El Paseo Exhibition. RECITALS A. The Artist desires to loan the Sculpture to the City for public display; and B. The Art in Public Places Commission and the Palm Desert City Council have approved a temporary exhibition of the Sculpture in a public place located on El Paseo between Street and Street ("Exhibition Site"). THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City and the Artist agrees as follows: 1. Ownership Except as provided in Section 2, below, the Sculpture will remain the property of the Artist. However, by virtue of this Agreement, City is entitled to possession, and Artist agrees to relinquish possession of the Sculpture for the "Exhibition Period" described in Section 4, below. 2. Sale of Sculpture Artist may sell the Sculpture during the term of this Agreement and, if sold, may assign his or her rights under this Agreement. However, under no circumstances shall sale of the Sculpture terminate this Agreement or adversely affect City's rights hereunder including, but not limited to, City's right of possession. Artist shall notify City immediately upon sale of the Sculpture and include instruction regarding the party to whom the sculpture should be released. Regardless of sale, artwork must remain on its site for no less than six (6) months from the date of installation. Removal of the artwork is the sole financial responsibility of the artist. At the time of removal, a comparable artwork in scale and medium that has been approved by the City must be installed on the empty site. The City must be notified at least two (2) weeks prior to removal in order to facilitate work orders for traffic control of the portion of El Paseo where the 1 artwork is located. The installation is the sole financial responsibility of the artist. If the Sculpture is sold during the Exhibition Period, the artist must pay for a City of Palm Desert Business License in the amount of $76.00 plus any sales tax due. 3. Reproduction Rights Artist hereby grants City, in perpetuity, the right to photograph, film, videotape, or otherwise depict the Sculpture at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the City, 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 October XX, 2016, and ending on October XX, 2018. The Exhibition Period may be shortened or extended in duration by mutual agreement between Artist and City. Notwithstanding the foregoing, City reserves the right, in its sole discretion and with or without cause, to decline or terminate exhibition at any time. 5. Transportation, installation, Maintenance, and Removal 5.1 Transportation of the Sculpture to and from the Exhibition Site shall be the responsibility of Artist. City shall bear the cost of installation and removal (except for those pieces sold during the Exhibition). "Reasonable Cost" means those sums set forth in Attachment "A", which is attached hereto and incorporated by this reference. Once the sculpture is removed from the pad, Artist is solely responsible for removing it from the premises. 5.2 During the Exhibition Period, City shall be responsible for the maintenance of the Sculpture. City shall take reasonable steps to utilize the maintenance procedures and/or methods described by Artist and set forth on Attachment "B", which is attached hereto and incorporated herein by this reference, but City reserves the right to decline implementation of any or all, or any part thereof, of such procedures and/or methods if circumstances, including but not limited to considerations of cost, render such implementation unreasonable. In the event City declines to implement such procedures and/or 4 methods, Artist may undertake such procedures and/or methods at Artist's sole expense. 6. Exhibition Honorarium City shall pay Artist an exhibition honorarium of two thousand five hundred twenty six dollars and no/100ths ($2,526) upon completion of the installation of the Sculpture at the Exhibition Site. City's obligation for payment is conditioned upon completed installation and Artist shall be entitled to no payment in the event this Agreement is cancelled or otherwise terminated, for any reason, prior to completion of installation. A City of Palm Desert Business License application and a check in the amount of $26.00 made payable to the City of Palm Desert is to be returned with the signed contract as noted in Attachment "D". 7. Liability for Damage or Injury 7.1 City shall insure the Sculpture against damage or loss in the amount of $XXX THOUSAND dollars and no/100ths ($XX,XXX.00), which the parties agree is the fair market value of the Sculpture and the extent of the City's liability in the event of its damage or loss. 7.2 City's obligation to provide insurance is solely for the duration of the Exhibition Period and only while the Sculpture is located on City property. Artist is responsible and liable for any damage or destruction that may occur during transportation of the Sculpture to and/or from the Exhibition Site, and during installation and during deinstallation if Artist is performing the installation and deinstallation. 7.3 Artist shall indemnify and hold City harmless from any and all claims, losses, damages, injuries, and/or liabilities, of any kind whatsoever, including reasonable attorney fees and costs, arising out of or related to the transportation, installation and/or deinstallation of the Sculpture if Artist is performing the installation and deinstallation. Artist shall further indemnify and hold City harmless from any and all claims, losses, damages, injuries and/or liabilities, of any kind whatsoever, including reasonable attorneys fees and costs, arising out of or related to defects of the Sculpture, faulty workmanship of the Artist, or any acts of negligence by Artist or Artist's agents. 3 8. El Paseo Exhibition Guidelines Attached hereto and made a part hereof is Attachment "C", which are the Guidelines for the El Paseo Exhibition. In the event of conflict between this Agreement and the Guidelines, this Agreement will prevail. 9. Entire Agreement This Agreement represents the entire Agreement between City and Artist and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City or Artist. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Artist. 10. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. 11. Death of Artist In the event of Artist's 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. CITY OF PALM DESERT Mayor, City of Palm Desert ATTEST: Rachelle D. Klassen, City Clerk Dated: Dated: 4 ARTIST: Artist [printed name and title] John Doe (Artist) P.O. Box city, st xxx xxx-xxx-xxxx APPROVED AS TO FORM: Robert Hargreaves, City Attorney Dated: w ATTACHMENT A: Transportation, Installation, and Removal Methods and Associated Cost Installation/de installation coordinated and performed by City of Palm Desert. The Artist is responsible for transporting the artwork to the assigned site, whereas the City will provide technical assistance with the installation process and in securing the artwork to the foundation. Please describe in detail installation methods including required bolt and screw sizes necessary for securing the sculpture to the concrete pad. Please note that the concrete pad cannot be altered in any way to accommodate additional hardware to secure the sculpture. Crane needed to install artwork? Artist Name Artwork Title Date [: ATTACHMENT B: Maintenance Requirements and Procedures Artist Name: John Doe Please specify maintenance procedures or methods as to how you would like the City to maintain the artwork titled "Art" as presented by Artist John Doe. Procedure of maintenance as described by Artist: Artist Name Artwork Title Date 7 ATTACHMENT C: Guidelines for the 2017/18 El Paseo Exhibition 1. The Public Art Department will facilitate the Exhibition on behalf of the City of Palm Desert. 2. All sculptures MUST be delivered and picked up from the assigned site pad on El Paseo at the assigned dates and times. 3. The City of Palm Desert will provide the following for the El Paseo Exhibition. • A crane, if needed for installation of sculpture. The artist or MUST notify Deborah S. Glickman or Debbie Thompson at 760-346-0611 by Thursday, July XX, 2016 (date not yet determined) if a crane will be needed. The installation period is tentatively scheduled from October 20, 2016 to November 14, 2016. • Advertising and promotion of the Exhibition • Signage • Pads/Lighting/Maintenance • Opening reception • Insurance for estimated value 4. All sculptures MUST be designed with tabs or other devices that can be utilized to easily secure the artwork to the concrete pads, and the base of the sculpture needs to fit on the existing pad site as designated in the Call for Entries. 5. All packing and crating materials MUST be removed by the artist at the time of installation. 6. The Exhibition period will not exceed two years. 7. If a sculpture from the Exhibition is sold, the artist must resubmit for approval a replacement for the sold artwork. The replacement piece MUST be installed at the same time of removal of the sold piece, NO EXCEPTIONS. Artwork can be sold at any time, but must remain in its designated location for no less than six months after the date of installation. The Artist or representative is responsible for all installation/deinstallation costs associated with the replacement sculpture as well as finding a replacement sculpture acceptable to City prior to the removal of the existing artwork. One replacement per pad may be made during the exhibition period. No honorarium will be given for a replacement piece. 8. Bio, resume, or CV for the artist and a thorough artwork description must be supplied. 9. Artist must provide digital image at 300 dpi suitable for publication in advertising. I ATTACHMENT D: Required Forms to be returned with the Contract • Notarized copies of Contract • Completed W-9 Form (attached) Business License application (attached) and a check in the amount of $26.00 made to the City of Palm Desert 0 V J CD CD 0 k4p ro+ �o I m 0 0 FA 9 .h '- . i 0 0 Ca 0 0 0 C N I PA ,"j w _M a m A ME DZCD o a cn 1. 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