HomeMy WebLinkAboutC22930A-R 2005/2006 El Paseo Sculpture ExhibitionCITY OF PALM DESERT
COMMUNITY SERVICES
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE ARTWORK FOR THE
2005/06 EL PASEO EXHIBITION
SUBMITTED BY: PUBLIC ART PROGRAM
DATE: JUNE 24, 2004
CONTENTS: 1. EL PASEO EXHIBITION PROPOSAL
2. SAMPLE CONTRACT
Recommendation:
By Minute Motion:
1. Concur with the Art in Public Places Commission to approve the artwork for
the 2005/06 El Paseo Exhibition.
2. Approve an honorarium in the amount of $1,500 to each of the selected
artists or their representatives to be allocated from the 2005/06 Public Art
Program's budget, account #436-4650-454-40-02.
Executive Summary:
Mr. Robert Menifee, curator of the 2005/06 El Paseo Exhibition, presented his
selections to the Art in Public Places Commission at its meeting of June 16. The
Commission voted unanimously to accept Mr. Menifee's selections for the 2005/06
El Paseo Exhibition. Each artist or his or her representative receives a $1,500
honorarium for the loan of each artwork that is in the El Paseo Exhibition for the
eighteen to twenty-four month duration.
Discussion:
The eighteen artworks selected by Mr. Menifee represent a variety of styles from
figurative to abstract with an emphasis on "colon'. The 2005/06 El Paseo Exhibition
promises to delight and entertain the citizens of Palm Desert and its guests.
Submitted by:
Ro rt hn, Director of Special Programs
Sheila Gilligan, ista ity Mgr.
Community Services
Approval;
Carlos Ortega,,C,i'ty Manager
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Lisa DeI pton
73 956 El Pasco Drive
Palm Desert CA 92260
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AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
This Agreement is entered into by and between the City of Palm Desert, California
("CITY") and John Doe ("ARTIST"), for display of an artwork entitled "Rescue Me" (the
"Sculpture") as part of the 2005/2006 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 Commissi has approved a temporary exhibition of the
Sculpture in a public place locate no ("Exhibition Site").
THEREFORE, for goocdaluable 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 effect 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 upon expiration of the Exhibition Period. Upon
sale of the artwork, it must remain on its site for a minimum of four (4) months prior to
removal. Removal of the artwork is the sole responsibility of either the artist or his/her
representative. The City must be notified at least two (2) weeks prior to removal in
order to facilitate work orders for traffic control of that portion of where the artwork is
located on El Paseo. At the time of removal, a comparable artwork in scale and
medium must be installed on the empty site that has been approved the Art In Public
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Places Commission. The installation is the sole responsibility of either the artist or
his/her representative.
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 beginning on December 1, 2004, and
ending on October 31, 2006. 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 the Exhibition Site, proper
installation, proper de -installation, and removal of the Sculpture from the
Exhibition Site shall be the responsibility of Artist. City shall bear the
reasonable cost of such transportation, installation, de -installation, and
removal. "Reasonable Cost" means those sums set forth in Attachment "A",
which is attached hereto and incorporated by this reference.
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
methods, Artist may undertake such procedures and/or methods at Artist's sole
expense.
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5.3 Upon the expiration of the Exhibition Period, Artist or Artist's agents shall
remove the Sculpture. In order to minimize disruption of pedestrian and/or
vehicular traffic, Artist must schedule the removal with City, and obtain any
permits for necessary equipment, at least ten (10) days in advance.
6. Exhibition Honorarium
City shall pay Artist an exhibition honorarium of one thousand five hundred
dollars and no/100ths ($1,500) upon completion of the installation of the Sculpture at
the Exhibition Site. City's obligations for payment is conditioned upon completed
installation and Artist shall be entitled to no payment in the event this Agreement is
canceled or otherwise terminated, for any reasoelor to completion of installation.
7. Liability for Damage or InA
7.1 City shall insure NeMculpture against damage or loss in the
amount of XX THOUSAND dollars and no/100ths ($XX,000.00), which the
parties agree is the fair market value of the Sculpture and the extent of the City's
liability in the event of its damage or loss.
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,
excluding installation and de -installation. 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, during installation, and during de -installation.
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 attorneys fees and costs, arising
out of or related to the transportation, installation and/or de -
installation of the Sculpture. 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.
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8. El Paseo Exhibition Guidelines
Attached hereto and made a part hereof is Attachment "C" which are the Guidelines for
El Paseo Exhibits. 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 a writing
made after the date of this Agreement and signed by both Artist and City.
OR
PF�
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10, Governing Law
This Agreement is entered into in and shall be governed by the laws of the State
of California.
CITY OF PALM DESERT
Dated:
Mayor, City of Palm Desert
ATTEST:
Dated:
Rachelle Klassen, City Clerk
ARTIST:
OR°
Dated:
Artist (or Representative)
[printed name and title]
APPROVED AS TO FORM:
David J. Erwin, City Attorney
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ATTACHMENT A: Transportation, Installation, Maintenance and Removal
Methods and Associated Costs
Artist Name: John Doe
Installation/de-installation coordinated and provided by City of Palm Desert. The Artist
or his/her representative is responsible for transporting the artwork to the assigned site,
whereas; the City will provide technical assistant with the installation process and in
securing the artwork to the site.
6
ATTACHMENT B: Maintenance Requirements and Procedures
Artist Name or His/Her Representative: John Doe
Please specify maintenance procedures or methods as to how you would like the City
to maintain the artwork titled "Rescue Me" as presented by Artist John Doe.
Procedure of maintenance as described by Artist:
Artist Name or Representative
Artwork Title
Date
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ATTACHMENT C: Guidelines for the 2005/06 El Paseo Exhibition
1. The Art In Public Places Department will facilitate the exhibition on behalf of the City
of Palm Desert and the El Paseo Business Association.
2. The 2005/06 "working" theme for the El Paseo Exhibition is Experience Color.
3. The El Paseo Exhibition is a partnership between the City of Palm Desert and the
merchants of El Paseo.
4. All artists, galleries, museum/non-profits, and private collectors are invited to
participate. Applicants can submit as many pieces for consideration as they would
like, with the exception of private collectors. Private collectors apply by submitting
an entire collection of sculptures for exhibition, with a minimum of twelve.
5. All sculptures must be installed on one of the existing pads along the El Paseo
Median. (The Commission can consider alternate sites.)
6. The City of Palm Desert will provide the following for the El Paseo Exhibition:
• Insurance
• Selection of art (along with a representative from the El Paseo Business
Association)
• Installation and Deinstallation of art
• Advertising and Promotion of the Exhibition
• Signage/Banners
• Pads/Lighting/and Maintenance
7. The Exhibition period will not exceed two years.
8. If a sculpture from the Exhibition is sold, the artist must resubmit for approval and
install the artwork within two weeks of removal. Artwork can be sold, but not
removed from October 1, 2005 through June 30, 2006. The artist is responsible for
all installation/deinstallation costs associated with the replacement sculpture for the
El Paseo Exhibition, as well as, finding a replacement sculpture approved by the
Commission prior to the removal of the existing artwork. One replacement per pad
may be made during the Exhibition period.
9. The artist and/or his or her representative is responsible for the removal and
disposal of all crating and packing materials at the time of installation of the
sculpture.
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