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HomeMy WebLinkAboutC29310 Ratify Contract Amendment 1 Artwork for Palm Desert Aquatic CenterCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: RATIFY CONTRACT AMENDMENT NO. 1 WITH ARTIST PAUL HOBSON TO CREATE ARTWORK FOR THE PALM DESERT AQUATICS CENTER (CONTRACT NO. C29310). SUBMITTED BY: Deborah L. Schwartz, Public Art Coordinator DATE: May 26, 2011 CONTENTS: Contract Amendment No. 1 Recommendation By Minute Motion, ratify Contract Amendment No. 1 with artist Paul Hobson to create artwork for the Palm Desert Aquatics Center (Contract No. C29310). Background On February 11, 2010 City Council approved artist Paul Hobson's artwork design as the public art component for the Palm Desert Aquatics Center. Subsequently, the artist was contracted to create an artwork in the amount of $45,800. The agreement with the artist stipulates that he shall substantially complete all of the obligations under the agreement on or before May 20, 2011. Due to delays in the construction of the pool, and through no fault of his own, the artist is unable to complete a substantial portion of the work by May 20, 2011. The amendment extends substantial completion time through June 30, 2011. The City Manager has approved the subject amendment; this ratification is put forth as is required by Title 3 of the Palm Desert Municipal Code. Fiscal Analysis There are no additional financial obligations as a result of the amendment. Staff Report Ratify contract amendment for Aquatics Center artist May 26, 2011 Page 2 of 2 Submitted by: Deborah L. Schwartz, Public Art Coordinator Paul Gibson, Director of Finance Approval: Department Head: _._ Lauri Aylaian Director of Community Development CITY COUNCILACTION APPROVED ✓ DENIED RECEIVED OTHER_ MEETING DATE AYES: i NOES: -,�t00t- ABSENT- �� ABSTAIN: U M. Wohlmuth, City Manager VERIFIED I3Y: h `oV_ ( rc Original on File with City Clerk'— s Office CALIFORNIA CERTIFICATE OF ACKNOWLEDGEMENT State of California County of San Diego On �z .Gr t,6 61 before me, Robert E. Anderson, a Notary Public Personally appeared PA-tl who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature.A 1� , This Certificate is attached to co,� ROBERT E. ANDERSON COMM. #1823044 V i NOTARY PUBLIC-CALIFORNFA SAN DiEGO COUNTY MY_Commission Tres DECEMBER 14,2012 Contract No. C29310Y CONTRACT SERVICES AMENDMENT FOR ARTIST TO CREATE PUBLIC ARTWORK FOR THE PALM DESERT AQUATICS CENTER THIS CONTRACT SERVICES AMENDMENT (herein "Amendment") is made and entered into this 11th day of May 2011, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Paul Hobson (the "Artist"). NOW, THEREFORE, the parties hereto agree as follows: A. Section 1-3. RESPONSIBILITY OF THE PARTIES is amended to change the date by which ARTIST shall substantially complete all of the obligations under Agreement No. C29310 to June 30, 2011: "The term of this Agreement is extended, and shall include the date of substantial completion by June 30, 2011. City or ARTIST may terminate this Agreement, as amended, for no cause, on the giving of thirty (30) days' written notice to the other party." B. All other terms and conditions of the Agreement, as amended, shall remain unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM DESERT JOHN M. WOHLMUTH, CITY MANAGER ATTEST: RACHELLE D. KLASSEN, CITY CLERK :n Contract No. C29310 DAVID ERWIN, CITY ATTORNEY ARTIST: ART PAUL HOBSON Paul Hobson 2861 Ivy Street San Diego, CA 92104