HomeMy WebLinkAboutC35490 - Artwork - Enduring Tradition by G.ClarkeCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE THE PURCHASE OF ENDURIN
GERALD CLARKE JR., IN THE AMOUNT OF
ADDITIONAL $3,500 IN RELATED EXPENSES,
THE MAYOR TO EXECUTE A CONTRACT TO
ARTWORK.
SUBMITTED BY: Deborah S. Glickman, Management Analyst
DATE: July 14, 2016
CONTENTS: Image of Enduring Tradition by Gerald Clarke Jr.
Image of potential installation locations
Draft Contract to Purchase Artwork
Recommendation
G
TRADITION BY
$12,960 WITH AN
AND AUTHORIZE
PURCHASE THE
By Minute Motion: 1) Approve the purchase of Enduring Tradition by Gerald
Clarke Jr. in the amount of $12,960 inclusive of tax and $3,500 in related
expenses for a total of $16,460; 2) Authorize the Mayor to execute a contract
to purchase the artwork. Funds are available in Account Number 4364650-
4400100.
Commission Recommendation
At its meetings of May 11 and June 8, 2016, the Art in Public Places (AIPP) Commission
reviewed the sculptures in the 2015/2016 El Paseo Exhibition for potential purchase and
unanimously selected Enduring Tradition by Gerald Clarke Jr. for purchase and inclusion in
the City's permanent public art collection. The AIPP Commission suggested that due to
sculpture's thematic relationship to the history of the community, that it be placed on the
City's property at the Santa Rosa and San Jacinto Mountains National Monument Visitor
Center.
Strategic Plan
Priority No. 2 of the Parks and Recreation element — Assure a continuing flow of innovative
ideas by seeking creative partnerships.
Background
The City of Palm Desert frequently purchases artwork from its El Paseo Exhibitions to add
to the beauty of the City, prestige of its public art collection, and serve as an incentive to
artists to exhibit in future exhibits. Before applying, artists often inquire as to whether or not
the City purchases a sculpture from each Exhibition, and are always more interested in
exhibiting when they know there is potential for a purchase.
Staff Report
Purchase of Enduring Tradition
Page 2
July 14, 2016
The theme of Enduring Tradition is Native American basketry. The Gerald Clarke Jr.
created the sculpture specifically for Palm Desert as a way to remind the City's community
members and visitors about the area's Native American history. The AIPP Commission
members felt that the quality of the sculpture and its connection to the community are
important, and therefore the sculpture would be an appropriate and welcome addition to the
City's permanent public art collection. The artist is of Native American heritage and the
AIPP Commission has asked that he write a statement about the history of the community
and the sculpture that will be placed on the plaque that will accompany the artwork.
The AIPP Commission and staff have tentatively selected an installation location for the
sculpture at the Santa Rosa and San Jacinto Mountains National Monument Visitor Center
at the start of a trail just off of the parking lot. This location is very visible and allows for the
artwork to be easily accessible to visitors and hikers. Staff has met with the Friends of the
Desert Mountains about the installation of the sculpture, and they are in support of it.
If purchased, the sculpture will stay in place on El Paseo through the end of the El Paseo
Exhibition in October 2016 after which it will be moved to its new, permanent location.
Fiscal Analvsis
If the purchase of Enduring Tradition is approved, the City will be responsible for the
$12,960 purchase price (inclusive of taxes) and the following estimated costs: $500 to
move the sculpture, $500 for signage, $1,000 for engineering of a concrete pad, $1,500 for
the installation of a concrete pad. The total cost of the project is estimated at $16,460.
Funds are available in Account Number 4364650-4400100. No General Fund monies will
be expended.
Submitted By:
Deborah S. Glickman,
Management Analyst
Reviewed:
Jane re, Director of Finance
Approval:
Department Head:
I W
Ryan eK Sdell,
Director of Community Development
stir. McCarthy, Interim,0ify IVlanager
Enduring Tradition by Gerald Clarke Jr.
t� .
Potential Locations for the Installation of Enduring Tradition by Gerald Clarke Jr.
Exact location to be decided in conjunction with the Friends of the Desert Mountains
-Alt; .. 'r'
-+OF�,.,.416
.
A40,
w. iX.
Two (2) potential locations.
r �,.+. �ik� �^ •�a ��rc r-i:�_ ^:r,` `tea•-e
71
���• •`•�_ ��!- ail • '•+ -� - .:'= ^ -. -. �•���,`f+'•• \ y. A• 4 _ ,w r
'•$w 4 }� - e �: .r',.i•: _ .i�+ i R �� F �, i y_a '* \.="•�'; S3 - Siw�•..
{{ tt
mm
.%a •r' ice' f- .�'. ^W��" �^ �YL►. ± 1� , �T. :'-�'Y +' r':, N4 •`Y
'� F s ,i `1 �. � j'" ai:• � tik. •�'. ,}�� � Y i �a '.� '� .: � r� � ��•,o' ; , i
■
AY ?� • - r. .i . * ' . ' •. C •-� _. w! . �t • of
ej :s a41 .1'. ■
'�+' +� 1�F. • �• . i fie' Ii + a - • ) �k _ - c_
E 7f1{i F �G- .<. "•' - t �'e� .� r ,■ }+�% �� y.l'r
Ji!�}�'y ':�:���__ r �'.�Rl� �►#.ii' .►•: ' :;� +� � rr'r '�':jy .i ��'rs.�t �. �•:,�•�t y*',t
k 0f ; I . ate. s It
Overview of the site.
CONTRACT TO PURCHASE ARTWORK
This Agreement is made as of July 14, 2016 by and between the City of Palm Desert, a
municipal corporation ("CITY"), and Gerald Clarke Jr. ("ARTIST") who agree as follows:
Recitals
Section 1. City is implementing an Art in Public Places program, allocating certain public funds
for the establishment of artworks in public places and for the purchase or commissioning of
artworks and;
Section 2. History of Work. Enduring Tradition by Gerald Clarke Jr. has been and will be
displayed on El Paseo as part of the 2015/2016 El Paseo Exhibition from November 2014
through October 2016. The Work was selected for purchase by CITY through review by the Art
in Public Places Commission of the El Paseo Exhibition, and is therefore being purchased by
CITY.
NOW, THEREFORE, the parties mutually agree as follows:
Section 1. Price. CITY shall pay ARTIST a firm fixed price of $12,000 for the sculpture
described as Enduring Tradition ("Work"). It is agreed that City has no obligations regarding
commissions or any agreements with galleries or agents with whom ARTIST may have
contracted. CITY shall not be responsible for paying sales tax.
Section 2. Warranty of Originality. ARTIST warrants that the performance, design, and Work
being purchased is original and the product of ARTIST'S own creative efforts and does not
infringe the right of any persons. ARTIST also warrants that, unless otherwise stipulated in
writing and attached hereto, the Work is original, that it is an edition of one (1), and that
ARTIST shall not sell, license, perform, or reproduce a substantially identical copy of the Work
without the prior consent of CITY.
Section 3. Warranty on Workmanship. ARTIST shall warrant and maintain his/her Work free
from all faults or defects arising from material and workmanship for a period of one year after
purchase.
Section 4. Alteration of Work. Pursuant to the provisions of the California Art Preservation Act,
California Civil Code section 987 et sec ., CITY agrees that it will not intentionally destroy,
damage, alter, modify, or change the Work in any way. If an alteration should occur, either
intentionally or unintentionally, then the Work will no longer be represented as the work of the
ARTIST without his/her written permission. CITY agrees to reasonably assure that the Work is
properly preserved, maintained, and protected. CITY shall, however, have the right to move or
relocate the Work or remove it from display without the consent of ARTIST.
Section 5. Repair. Insofar as is practical, in the event repair of the Work is required, CITY shall
give ARTIST, during his or her lifetime, the opportunity to do that work for a reasonable fee. In
the case of disagreement between CITY and ARTIST as to what constitutes a reasonable fee, the
fee determined by an independent conservator selected by CITY shall be considered a reasonable
fee. In the event ARTIST refuses to make the repair for such fee, CITY may proceed to arrange
for such repair by a person qualified to accomplish the restoration. When emergency repairs are
necessary in order to prevent the loss of or further damage to the Work, such repairs shall be
undertaken or arranged by CITY without advance notice to ARTIST, and such repairs shall not
be deemed to constitute an artistic alteration.
Section 6. Authorship of Work. ARTIST shall retain the right to claim authorship of the Work.
CITY shall assure that ARTIST'S name shall be publicly displayed on, at, or near the Work. In
the event the Work is substantially damaged or artistically altered in a substantial manner, CITY
shall no longer represent the Work to be the Work of ARTIST if ARTIST gives written notice to
CITY that it is the position of ARTIST that ARTIST has the right to deny authorship on the
grounds stated in this paragraph. In the event CITY disputes the right of ARTIST to deny
authorship, the matter shall be submitted to the Arbitration Service of California Lawyers for the
Arts which shall determine the issue of whether the Work is substantially damaged or artistically
altered in a substantial manner. Such determination shall be binding upon CITY and ARTIST
and neither shall have any further recourse or cause of action regarding the matters so
determined.
Section 7. Indemnification. ARTIST shall assume the defense of, and indemnify and save
harmless, CITY, its officers, employees, and agents, and each and every one of them, from and
against all actions, damages, costs, liability, claims, losses, and expenses of every type and
description to which any or all of them may be subjected, by reason of, or resulting from, directly
or indirectly, the performance of this Agreement by ARTIST, whether within or without the
scope of this Agreement, whether or not it is caused in part by a party indemnified hereunder.
The foregoing shall include, but not be limited to, any attorney fees reasonably incurred by
CITY. The obligation to defend and indemnify the CITY shall terminate upon the completion of
the one year warranty period.
Section 8. Covvmaht
Upon purchase of ARTIST'S Work copyright in the Work will be owned jointly by CITY and
ARTIST and no further use of the copyright will be made by ARTIST or CITY without the
written consent of the other, which consent will not be unreasonably withheld.
CITY has the right to reproduce and distribute in printed form and on commercial documents
and/or brochures or any other literature of CITY 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 CITY to ARTIST for such use.
Section 9. Credit to the Artist
All reproductions of the Work by CITY 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.
Section 10. Artist Reproduction Rights
Pursuant to Section 8, CITY agrees that ARTIST shall have the right to reproduce and distribute
in printed form and on non- commercial educational materials and brochures advertising or
promoting ARTIST and ARTIST'S career, two-dimensional images such as photos, slides, or
realistic renderings, video tapes, or films of the Work as installed. 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 and payable to
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
City of Palm Desert.
Section 11. Records. CITY agrees to maintain for a reasonable period of time a record of this
Agreement and of the location and disposition of the Work.
Section 12. Breach of Agreement; Arbitration.
(a) In the event ARTIST or CITY believes that the other has failed to faithfully perform this
Agreement, the aggrieved party shall notify the other in writing of such failure. Such notice shall
specify in detail each and every failure and the reason such failure is a breach of the Agreement.
In the event that the parties cannot resolve the dispute, the Arbitration Service of the California
Lawyers for the Arts shall determine whether or not there has been a failure to perform this
Agreement and such determination shall be final and binding upon both ARTIST and CITY.
(b) If any matter is to be submitted to a third party for resolution, all fees, expenses, and costs
connected therewith shall be borne jointly and equally by CITY and ARTIST. Each and every
obligation under this Agreement to submit any matter to a third party for resolution is
conditioned upon the foregoing provision of this paragraph. If any matter is to be submitted to
the Arbitration Service of the California Lawyers for the Arts for resolution pursuant to the
Agreement, and if, at the time such submission is called for, the Arbitration Service of the
California Lawyers for the Arts is not in existence or is not able or willing to provide such
resolution service, then the matter shall be submitted for resolution to the American Arbitration
Association in accordance with their procedures then in use.
Section 13. Artist's Rights; Notification of Change of Address. ARTIST shall notify the CITY
of any change of address and failure to do so shall constitute a waiver of ARTIST'S rights
pursuant to this Agreement during the time such omission prevails. Any waiver of a right
pursuant to this Agreement for failure to maintain ARTIST'S current address so aforesaid may
be cured prospectively only by notifying the CITY of ARTIST'S current address. All rights of
ARTIST pursuant to this Agreement shall be personal to ARTIST and shall terminate upon either
the legal disability or incompetence of ARTIST or upon the death of ARTIST, except as
provided ARTIST under the Copyright Laws. No right of ARTIST pursuant to this Agreement
may be assigned or transferred in any manner, including without limiting the generality of the
foregoing any hypothecation or pledge or any grant of any security interest, except as provided
ARTIST under the Copyright laws.
Section 14. Notice. All notices shall be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
City: Management Analyst, Public Art
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Artist: Gerald Clarke Jr.
Section 15. Entire Agreement; Amendment. This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral. This
Agreement may be amended only by written agreement and no purported oral amendment to this
Agreement shall be valid.
CITY OF PALM DESERT, a municipal corporation
MAYOR
DATE
ATTESTED TO:
CITY CLERK
ARTIST
DATE