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Home My WebLink AboutC31730R - 2012 / 2014 Artwork El Paseo Invitational ExhibitionContract No. C3173OR CITY OF PALM DESERT -4 DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVAL OF THE REASSIGNMENT OF BENEFITS AND OBLIGATIONS UNDER CONTRACT NO. C31730R FOR AN ARTWORK IN THE 2013/2014 EL PASEO INVITATIONAL EXHIBITION SUBMITTED BY: DEBORAH L. SCHWARTZ, PUBLIC ART COORDINATOR DATE: I OCTOBER 25, 2012 CONTENTS: LETTER FROM A GALLERY FINE ART LETTER FROM ARTIST DANIEL MEYER CONTRACT NO. C31730R Recommendation By Minute Motion, 1) Approve the reassignment of the benefits and obligations under Contract No. C31730R for an artwork in the 2013/2014 El Paseo Invitational Exhibition; and 2) approve the honorarium of $2,525 for the participating artist. Funds are available in Account Number 436-4650-454-4002 in Fiscal Year 2012/2013. Background At its meeting of April 12, 2012, the City Council approved eighteen sculptures and two alternates for the 2013/2014 El Paseo Invitational Exhibition. One of these sculptures was created by artist Daniel Meyer and submitted by A Gallery Fine Art. A Gallery Fine Art is currently under Contract No. C31730R representing Mr. Meyer. The gallery and artist have requested that the honorarium be paid directly to the artist, not the gallery, and that the contract also be assigned to him. Both parties have submitted in writing their consent to this assignment. Staff is requesting that all benefits and obligations under Contract No. C31730R be reassigned to artist Daniel Meyer. The honorarium for A Gallery Fine Art has been approved and no additional funds are being requested. Contract No. C3173OR t Staff Report 2013/2014 El Paseo Exhibition October 25, 2012 Page 2 Fiscal Analysis There is no fiscal impact to the City associated with this action. Submitted By: Deborah L. Schwartz, Public Art Coordinator Reviewed: Lauri Aylaian, Director of Community Development I1 M. Wohlmuth, City Manager CITY COUNCIL ACTION APPROVED ✓ DENIED RECEIVED OTHER MEETING DATE AYES: gEems6n' F�i`F Ni K &rbbaei , NOES: i bAe- ABSENT: ,A o nC- ABSTAIN: VERIFIED BY: "k-IK 75 Original on File with City Clerk's Ofri"e • M- 7395E El Paseo • 760-346-8885 Palm Desert. California 92260 • Daniel Meyer 1849 East Terrace Drive Lake Worth, FL 33460 Deborah Schwartz Public Arts Coordinator 75310 Fred Warning Drive Lake Worth, FL 33460 October 16, 2012 VIA Email 9:01 PM EST Dear Ms. Schwartz I, Daniel P. Meyer, do hereby accept the Assignment of Rights and Obligations of the Contract for Exhibition of "Desert Tees" in the 2013/2014 El Paso Invitational Exhibition. Dated this 16th day of October in the year 2012. Daniel P. Meyer C31730R AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Agreement is entered into this 12th day of April 2012, by and between the City of Palm Desert, California ("CITY") and A Gallery ("Gallery"), for display of an artwork entitled "Desert Tees" (the "Sculpture") as part of the 2013/2014 El Paseo Invitational Exhibition. A Gallery is to represent artist, Daniel Meyer. RECITALS A. The Gallery 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 and Portola ("Exhibition Site"). THEREFORE, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the City and the Gallery agrees as follows. 1. Ownership Except as provided in Section 2, below, the Sculpture will remain the property of the Gallery. However, by virtue of this Agreement, City is entitled to possession, and Gallery agrees to relinquish possession of the Sculpture for the "Exhibition Period" described in Section4, below. 2. Sale of Sculpture Gallery 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. Gallery 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 Gallery. 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 potified at least two (2) weeks prior to 1 C31730R removal in order to facilitate work orders for traffic control of the portion of El Paseo where the artwork is located. The installation is the sole financial responsibility of the Gallery. 3. Reproduction Rights Gallery 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 25, 2012, and ending on October 24, 2014. The Exhibition Period may be shortened or extended in duration by mutual agreement between Gallery 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 Gallery. 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, Gallery 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 Gallery 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 2 C31730R methods, Gallery may undertake such procedures and/or methods at Gallery's sole expense. 6. Exhibition Honorarium City shall pay Gallery an exhibition honorarium of two thousand five hundred dollars and no/100ths ($2,500) upon completion of the installation of the Sculpture at the Exhibition Site. City's obligation for payment is conditioned upon completed installation and Gallery shall be entitled to no payment in the event this Agreement is canceled or otherwise terminated, for any reason, prior to completion of installation. 7. Liability for Damage or Injury 7.1 City shall insure the Sculpture against damage or loss in the amount of SIXTY EIGHT THOUSAND dollars and no/100ths ($68,000.00), 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. Gallery 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 deinstallation if Gallery representative is performing the installation and deinstallation. 7.3 Gallery 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 Gallery representative is performing the installation and deinstallation. Gallery 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 Gallery. 3 C31730R 8. El Paseo Exhibition Guidelines Attached hereto and made a part hereof is Attachment "C" which is the Guidelines for 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 Gallery and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City or Gallery. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Gallery. 10. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. 11. Dissolution of Gallery In the event of Gallery's dissolution during the Exhibition Period, gallery designee 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: . 6 /z- � // Z- 4 C31730R G L // r K Dated: i � _ /�-- 'G l6y L Sa (printed name an6 title] A Gallery Lisa Dempton 73-956 El Paseo Palm Desert, California 92260 760-346-8885 Daniel Meyer (Artist) APPROVED AS TO QRM: David J. Erwin, City Atforney 5 fA,4 • • •'I ill ni o n. _, t.,ng.h. » .nS.n..n. . ,.a..n n. n nA n. n. n .v; _n n _• ...n - 16 ZNiXv; iKs .v, ,.n h .n oa n n n •> n n » n n n ni State of California County of ! IUt ICLU OnJU-ilk 9(,,, Jc I;} before me,y r �� 1"r')ci.', NO �11VL� IDk_V,,)j (e r Date Here Insert N and Title of the Officer personally appeared ► �t } (��.��'yY1 Name(s) of Signer(s) 8. DUENAS Commlaaion # 1931911 • Notary Public - CdlforMa R1vaNdo County Comm. Expires May a. 2015 B. DUENAS Commission Ar 1931911 * Notary Public - California i Riverside County MY Comm. Expires May 6 11). who proved to me on the basis of satisfactory evidence to be the personKwhose name(sR91atV9-subscribed to the within instrument and acknowledged to me that fae �he"xecuted the same in er heir authorized ccity(tes), and that by N ie /thf signature(sron the instrument the person(sror the entity upon behalf of which the person-s)-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(f� �\ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: } 1 e-�+>f.k,�rf rb✓ T( ritpN'cLY�:j J_�u V l xl1"o, Document Date: U rim ' ► Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual U Corporate Officer — Title(s): — L7 Partner — ❑ Limited O General ❑ Attorney in Fact U Trustee U Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual Corporate Officer — Title(s): _ CJ Partner — O Limited ❑ General E, Attorney in Fact U Trustee CJ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 2007 National Notary Association • 9350 De Soto Ave, P.O. Box 2409 •Chatsworth. CA 91313-2402 - www.NabonalNotaryorg Item #5907 Reorder: Call Toll -Free 1.600-876-6827 11 C3173OR ATTACHMENT A: Transportation, Installation, Maintenance, and Removal Methods and Associated Costs Gallery Name: A Gallery Installation/deinstallation coordinated and performed by City of Palm Desert. The Gallery 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 notify the City if a crane will be necessary to install your artwork. Detail installation methods and requirements below. Crane needed to install artwork? Artist Name _1�OGeld ► 6 Artwork Title �..- Date --- O msi 6 I A State of California County of Riverside On July 2, 2012 before me, Grace L. Mendoza Date Here Insert Name and Title of the Officer personally appeared Robert A. Spiegel Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)( are subscribed to the within instrument and acknowledged to me that h�e slaeAhW executed the same i hi laer(their authorized capacity(ios), and that bydTiatwAh&r signatures) on the instrument the person* or the entity upon behalf of EN GRACE L. MDOZA which the person(e) acted, executed the instrument. Commission # 1879180 c ::� Notary Public - California z z .P Riverside County I certify under PENALTY OF PERJURY under the laws M Comm. Expires Mar 2, 2014 + of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature %.Q' —� �— -y � Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: v ..I/LI Document Date: "T is ;'0 ra., Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Individual ❑ Corporate Officer — Title(s): _ I J Partner — U Limited U General 1-1 Attorney in Fact L J Trustee Guardian or Conservator U Other: Signer Is Signer's Name: _ El Individual Cl Corporate Off iicce-rr l le(s): L7 Partner 7—OLimited ❑ General _ U Attorney in Fact C] Trustee • Top of thumb here Lj Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 C3173OR ATTACHMENT B: Maintenance Requirements and Procedures Gallery: A Gallery Please specify maintenance procedures or methods as to how you would like the City to maintain the artwork titled "Desert Tees" as presented by Artist Daniel Meyer. Procedure of maintenance as described by Gallery: 00ChtctX �Q0-4"'nc ,rt L ��U/ Gallery Name / nr Artist Name Ik,iDOW� -Feles Artwork Title - Date 7 C3173OR - ' .' ATTACHMENT C: Guidelines for the 2013/14 El Paseo Invitational Exhibition 1. The Public Art Department will facilitate the Exhibition on behalf of the City of Palm Desert. 2. All sculptures MUST be delivered to the assigned site pad on El Paseo at the assigned date and time. 3. The City of Palm Desert will provide the following for the El Paseo Invitational Exhibition. • A crane, if needed for installation of sculpture. Gallery or representative MUST notify either Deborah Schwartz or Debbie Thompson at 760-346-0611 by Thursday, July 12, 2012 if a crane will be needed. The installation period is tentatively scheduled from October 22, 2012 to November 9, 2012. • 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 secure the artwork to the concrete pads. 5. All packing and crating materials MUST be removed by the Gallery or representative at the time of installation. 6. The Exhibition period will not exceed two years. 7. If a sculpture from the Exhibition is sold, the Gallery or representative 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, but must remain in its designated location for no less than six months after the date of installation. The Gallery or representative is responsible for all instal lation/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 must be supplied. 9. Gallery or representative must provide digital image at 300 dpi suitable for publication in advertising. E::