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Home My WebLink AboutC32670C - R.Campbell - Set of 2 Trffc Sgnl Cbnts Conrtact No. C32670C CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE RYAN CAMPBELL TO CREATE A PROPOSAL FOR AND PAINT A DESIGN ON THE SET OF TWO TRAFFIC SIGNAL CABINETS ON FRED WARING DRIVE AND PHYLLIS JACKSON LANE. SUBMITTED BY: Deborah L. Schwartz, Management Analyst DATE: December 12, 2013 CONTENTS: Ryan Campbell's Resume and Work Samples Draft Artist Contract Recommendation By Minute Motion, approve Ryan Campbell to create a proposal and paint a design on the set of two traffic signal cabinets on Fred Waring Drive and Phyllis Jackson Lane. Commission Recommendation At its regularly scheduled meeting of November 13, 2013, the Art in Public Places (AIPP) Commission by unanimous vote recommended the approval of Ryan Campbell to work with students at a Palm Desert school, preferably Palm Desert High School, within the Desert Sands Unified School District to develop designs for and to paint them on the set of two traffic signal cabinets on the northeast corner of Fred Waring Drive and Phyllis Jackson Lane. Executive Summary At their meetings of February 20 and March 14, 2013 respectively, the Art in Public Places Commission and City Council approved issuing a call for artists to paint a design on the set of two traffic signal cabinets at the northeast corner of Fred Waring Drive and Phyllis Jackson Lane. The call for artists included a requirement for the selected artist to work with a group of students from a Palm Desert school in the Desert.Sands Unified School District, preferably Palm Desert High School, in up to two workshops to develop two to three design proposals for the artwork. The design proposals will be reviewed and ranked by the AIPP Commission and brought before City Council for final selection and approval before being painted on the cabinets. The selected artist will be responsible for painting the cabinets without the aid of the students or assistants. Staff Report Contract No. C32670C Phyllis Jackson and Fred Waring Traffic Signal Cabinets December 12, 2013 Page 2 of 2 The selected artist will be required to receive security clearance and approval from the Desert Sands Unified School District to work with the students. Staff is coordinating with Palm Desert High School on this project. School Principal Robert Hicks has suggested that the selected artist work with students from the school's honors art program to participate in the workshops and help to develop the design options. Principal Hicks has reviewed the submitted artwork by Mr. Campbell and gave positive feedback on it. Fiscal Analvsis The City will facilitate the preparation of the cabinet, at an estimated cost of $350; the UV/graffiti coating of the cabinets at an estimated $100; and a plaque for the artwork at an estimated $50. The artist will be paid $1,625 to paint the cabinet. Funds are available in account number 436-4650-454-4001. No general fund money will be expended. Submitted By: Department Head: ( �� Deborah L. Schwartz, Management Analyst Lauri Aylaian, Director of Community Development Revi e : CITY COUNCILA TION APPROVED.,._. DEN�ED RECEIVED OTHER ul Gibson, Director of Finance MEET G DA — AYES " /� NOES: Approval: ARSENT: AI3STAIN: � � VERIFIED BY: Original on File with City I k's Oftice o n M. Wohlmuth, City Manager i Contract No. C32670C AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK THIS AGREEMENT is entered into this 12th day of December 2013, by and between the CITY OF PALM DESERT, a municipal corporation (the "City") and John Doe (the "Artist"). RECITALS WHEREAS, the City is implementing a public art program pursuant to Chapter 4.10 of Palm Desert Municipal Code, establish�ing an art in public places ro ram and related develo ment fee in the Ci � �r p g p ty, a�tt��ursuant to Ordinances 900 and 936, Ordinances of the City Council of tl��.�Ff��.of Palm Desert, California, establishing the organization, objectives, and�t'esponsibilities of the Palm Desert "Art �,, in Public Places Commission" ("The Corri��sion"), and pursu�nt to the City of Palm �2'9 pi, Desert "Art in Public Places" program guic��es; and j�; �� ,� WHEREAS, the Artist 4��aa recogniz�€�. ��sional artist, �t�d the City �� .��z � .> , acknowledges sufficient familiai�i��r�th the style ��t��uality of the Artist's work, and; >� the City desires the Artist to crea��an �t��nal work� �rt "Traffic Signal Cabinets" � ("the Work") for loca,��a� Fred War�r�� Drive � fhyllis J�t�kson Lane ("the Site"); �� and ; �� ' �- �`�� , � WHEREAS,��. Artist� equirem�� and qualifications (which are attached « » ��u�, ��_ �` as Exhibit A ,;has be r��+��i��t�i approu�d b the Ci Council. } � � Y tY � $ � ..��. �tJW, THEREFOR�;� �he City a� tf� i�rtist, for the consideration and under 4" the conditions hereinafter s�'�,`:;��rth, andF pursuant to the authority, terms, and �,. :. �� N'3. conditions set forth in Cf�apter 4 1f�� the Palm Desert Municipal Code, Ordinances 900 and 936, �rtd,the City af Palm Desert "Art in Public Places" program guidelines, agree as follows ARTICLE 1: SCOPE C�F SERVICES 1-1 GENERAL (a) The Artist shall perform work necessary to complete the project including but not limited to all services, supplies, materials, employees' travel, and equipment as necessary for the design, execution, fabrication, and transportation of the Work to the Site, and in accordance with the terms in this Agreement. 1 Contract No. C32670C 1-2 REVIEW OF REQUIREMENTS Phase I (a) The Artist is required to include and perform the following. • Artist resume or curriculum vitae; • Provide approved clearance from the Desert Sands Unified School District; • Business License • Encroachment Permit • Host up to two workshops w�tl� �tudents attending a Palm Desert school; • Create two to three design prCrpers�ls to be submitted to the Art in Public Places Commission for review and to City Council for final design approval. .;; y�% Phase II � (b) Upon completion of workshap�, artist must present i`i�uQ to three copies of written descrip 'ons and te��cifications o� the proposed �,r �� designs on 8 5" xV=_ ��es includi e following information. � � • Artwork Desc�* ior�r � ��. � �, %� • M��erials desc ��kion v��.pamt�n�,materials to be used on � ��`��signal'' � met,� �,'. =�early��r►tenan ��^�onse�r��n Instructions; �� , � � • Work pla��nd Prod i�n Schedul`�, � ;� • �}ith�r � ` ,ation a ; „t the Work as may be reasonably ��F , req� q "� y,��ty ��t�. Commission in order to certify the ' �� _�� comp�� e of ��' ��k wrth applicable statutes and ordinances. � . .,.. The�C:��nay � ,ire the Ar�is�'.to make such revisions to the proposed �� as are ne��sary' the Work to comply with applicable statutes, .. '�;� ordii��es, or re��tions��overning the project or for practical (non- aestheti� �easons. �� i" ,�� (d) The ��rtist'�r.��e may be equitably adjusted for any increase or � �T',;;' decrease in th��'rtist's cost of, or time required for, performance of any revisions pursuant to this Section 1-2. Any claim of the Artist for adjustment under this paragraph must be presented to the City in writing within fifteen (15) days after the date of the revision by the Artist. (e) Within thirty (30) days after receipt of the Artist's revisions, pursuant to this Section 1-2, the City shall notify the Artist of its approval or disapproval of such revisions. The City may require the Artist to submit additional revisions 2 Contract No. C32670C until such revisions are accepted by the City. Revisions made and accepted by the City pursuant to this Section 1-2 become a part of the final design, technical specifications and fabrication and preparation and painting schedule of the Work, which shall be attached to this Agreement as Exhibit "B". 1-3 EXECUTION OF THE WORK (a) Upon approval by the City and written direction to proceed, the Artist shall commence with preparation and painting of.t�e Work at the Site. �� (b) Pursuant to Section 1-2 above, the A��'shall produce the Work, in �� accordance with such schedules. Alth�t�� Schedule may be amended ��.. � by written agreement between the ;Ci�,r and the'1�trtist, it is agreed that the � ��. Artist shall perform all of the o�ligations under this cQntract on or before June 30. 2014. , .�� (c) The City and the Commission sh�lt �au� the right to revi��the Work at , �:, reasonable times during the fabrication. �,.. (d) The Artist shall complete the fabricatia�i, preparation and painting of the Work in substantial conformity with the approved.Proposal, including the work plan�ancl prod��tion schedufe.��.,,.��'� ��- (e) Changes;, 1 k �� Artist shall present.to the�City and to the Commission, in writing, �;,. �� ,,.�� d�, � � = ' �� , �s��urthe� r��r�ew, any significant changes in the scope, design, color, size, �, . � tlnaterial, or ��re of;.the Work not permitted by or not in substantial �..� � ci��rmity with th�selected Proposal. ��: 2 ��hanges re��++red by the City and Commission are not approved, the �� y Artist wil� �tqt re�i�rt'te the Work nor resume the payment schedule until changes to 't�� 1�V`ork are reviewed and approved by the City and the ,,-.�. Commission. 1-4 POST INSTALLATION (a) Within thiriy (30) days after the preparation and painting of the Work, the Artist shall furnish the City with four digital images (at 300 dpi) on a CD or flash drive of the completed Work, one taken from each of four different viewpoints. 3 Contract No. C32670C (b) The City shall have the right to duplicate and distribute for any noncommercial purpose the artwork documentation supplied by the Artist under this Agreement. (c) The Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or dedication ceremonies relating to the transfer of The Work to the City. The City shall use its best efforts to arrange for publicity for the completed wark in such publications and otherwise as may be determined between ther�ity and the Artist as soon as is practical following installation. �' '�"� (d) Upon preparation and paintin�€�fi�„the Work, t�e Artist shall provide the �� City with written instructions for a��'c��riate maintenan�� and preservation of the Work if such instructions vary��'f'�;those provided as ��rt of the Proposal , �� , � �� as is written in Exhibit "C�'; �� :. t � � �� 3z. 1-5 FINAL ACCEPTANCE �� X � �� (a) The Artist shall adv��, t��:Cit�r in writ��i"T when all services required � ,. � F under this A�� t'�t��t have b�� com�l+�� in su '��tial conformity with this �.�� ,� � �� ,, � ,:� �� k � Agreemen� .; � �� ._� ��?' �� (b) The � shall r��ify the A�t��t in writing of the final acceptance (or � .... 3f'..ip d na�nacc�ptance) t��th�� ''��. . ,,, .... �; � ��a �c� . � (c) Final accept�nc� shall�� +�,ff� "" e as of the earlier of the following ctates: � �^-� i. The date of th��ty's notice of final acceptance; or i�': . The 30�. day after the Artist has sent written notice to the City , requir�c��.under Section 1-6(a) unless the City, upon receipt of su��,30-day notice and prior to the expiration of the 30-day period, gives the Artist written notice specifying and describing the services that have not been completed. 1-6 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damages until final acceptance. 4 Contract No. C32670C 1-7 INDEMNITY Upon final acceptance of the Work, the Artist shall indemnify and hold the City and the Commission harmless from any and all claims or liabilities then existing or arising thereafter from the Artist's negligence or willful misconduct in connection with the Work. 1-8 TITLE AND ASSIGNMENT OF ROYALTY RIGHTS (a) Title to the Work shall pass to the City ;u�on final acceptance. The Artist hereby assigns the right to collect the rc�y�liy payment provided by Civil Code Section 986 to the City and to City'� as�ign��. (b) Except as expressly provid�� n ��the P�csposal, the City shall not �� .w intentionally damage, alter, modi�,r'br change the FV1?`�r�C without the prior ��'�� written consent of the Artist. ��.°�� (c) The Artist acknow,ledges and agrees �hatr�he City may r�quire the Site for purposes other than ih�dtsplay of th��tt��rk. The City agrees that it will notify the Artist of any pro��setl a[teration of tk��Site that would require the �� removal or relocation of th�'Work�� ct t��,intended character and ��y� �� ,yy appearanc� af the Vlfork and L � �� w ;, � , Artist in the planning and �� w,�,�� execution af��,�y such� removal, r�ocation, or alteration and will make a re �� e effort to�maintair� the integ�it�r of the Work. ff��; '4/"/�,;;.; f �.��. � .,� ', i� , a� ARTI��:�:� ��1��E�ISATION AND PAYMEIVT SCHEDULE �..�_ 2-1 � i�:C3REEMEN ' ,�OUNTAND PAYMENT (a� � The City shal��ay the Artist an amount not to exceed $1,625.00, which �� .1:. will con�t�,�ute full co��ensation and payment for all services to be performed � , �� ;: under this �ic�reem�� including execution, fabrication, artist and/or agent k^ travel, transp�i�,��, preparation and painting of placement of the Work. �g. Payment shall be made in accordance with Schedule included in Proposal. Commencement of Fabrication Twentv five qercent (25%) ($406) of the Commission shall be paid to the Artist upon documented proof of approved clearance from the Desert Sands Unified School District. 5 Contract No. C32670C Fifty qercent (50%) ($813) of the Commission shall be paid to the Artist upon design approval from City Council and commencement of fabrication, as detailed in Proposal. Artist will have completed up to two workshops with students, created two to three design proposals for the Art in Public Places Commission's review and City Council's approval of final design. Completion/Delivery/Placement of the Work Twentv five percent (25%) ($406) of the Comr�ission shall be paid to the �:�� . �... Artist upon final completion of the painting a�,�F� Work. Four digital images ;.� (300 dpi) on a CD or flash drive of the ��,must be included with the � � ;� �- � �,�.. invoice. � �� Final Acceptance `� � _ �,_ (b) All requests for payment �st��ll be submitted to L��#aorah Schwartz, ; , Management Analyst in writing for r�uie�r and approva��d must be ,.. accompanied by a detailed invoice and oth�� documentation supporting work completed as required by the Management Analy�t. (c) Payment shall be issued within 30 days of approval of detailed invoices and requests;for payment by the Management Analyst. 2-2 ARTIST'S EXPENSES��.`:, Tf�� R,�� shall �b�,the responsible party�for all mailing or shipping charges on �� f �ubmissior�s fic� the City, permits, and taxes, and the costs of all travel by the �, ��,� .. `�lrtist and th� ��tist's °a�ents and employees necessary for the proper �� perf��cnance of th " rvices required under this Agreement. �. ARTICLE 3 'i�,A,RRANTI��a, ��- �; 3-1 WARRANT(� OF'�TLE The Artist repr`��t�and warrants that: � The Work is solely the result of artistic effort of the Artist; (a) Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (b) That the Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (c) The Work is free and clear of any liens from any source whatsoever. 6 Contract No. C32670C 3-2 WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants that: (a) The execution and fabrication of the Work will be performed solely by Artist and in a professional manner (expert, qualified, skilled); (b) The Work, as created, will be free from defects in material (except such defects as are normally present and unavoidable in natural materials and outlined in Proposal) and workmanship, inclu�ing any defects or qualities which cause or accelerate deterioration of th�Wt�rk; and (c) Reasonable maintenance of the 1�t�rl� will not require procedures , substantially in excess of those des�r�bed in th� �early Maintenance and ,; Conservation Instructions in the Prop�sal by the Artist;=�,�, ��,�. �F (d) The warranties described irt th�s Section 3-2 shall �C.�rvive for a period �%�� of one (1) year after f�nal.acceptance a� �e��!��rk. The City sFtal� give notice � � ,� �%x�i to the Artist of any obse� ��ach with r�3��onable promptness. The Artist � , shall, at the instruction of tt��l.Cii�, �n+� at no cc��: o the City, cure reasonably and rom tl :tht .- r, ach of ��; such ��an w ht is curable b the Artist p p Y � kt.� �r tY � ,:, Y ��-� � and whic� ��re is' �t�sisten� �itk�� ofe ��i��l standards including, for wa s ��, example, cur� }a�r mea��of repair�c��"refabrication of the Work as determined b�.th� City. � � � ; � �� , ARTICLE�: `IN�URANC� .... : �=,� :��;° 4-1 GENERAL LI�►BI`�ITY II��lRANCE � Without limiting Art,isYs indem�tification of City, and prior to commencement of Work, Artist shall ot�fi��n, provide, and maintain at its own expense during the term of this :Agreement, policies of insurance of the type and amounts described belaw �r�� in a form that is satisfactory to City, based on the recommendation of the City's Risk Manager. General Liability Insurance: Artist shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $250,000 per occurrence, $1,000,000 general aggregate, for bodily injury, personal injury, and property damage, 7 Contract No. C32670C including without limitation, blanket contractual liability, unless modified at the discretion of the Risk Manager. Workers' Compensation Insurance: Artist shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Artist shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Citv of Palm Desert, its officers, agents, employ�es, and volunteers. If Artist „ � . does not have any employees, then this ��quirement can be fulfilled by �� .� signing a Declaration Regarding Californi� �t�t�t�rs' Compensation form and ;. �S' �:c��k showing proof of health insurance .. rage thai�ir��nains in effect for the � f�; duration of this agreement. ��" �� ,,. OTHER PROVISIONS OR REQUII� ENTS �� ,. Proof of Insurance: Artist shall provi ��t��tes of insur�rtce to City as � evidence of the insuranc� co�erage req � � �_herein, along with a waiver of ��h�� subrogation endorsement or workers' compe�,#�,on. Insurance certificates � and endorsement must be approved �b�� City�s �Risk Manager prior to commencement of p�rformance� Current certification of insurance shall be kept on file with City at �,ll times during the term of this contract. City reserves the ��i��to requir� �orYiplete� certified copies of all required insurance u �� i�icies; ��y�time ��.� k � �.�. :, �uration of Co� e. Artist shall procure and maintain for the duration of the �� cor�t��act, insuran��gainst claims for injuries to persons or damages to �.: propert�which may��ise from or in connection with the performance of the Work her��r��er by ��ist, his/her agents, representatives, employees or sub- �� consultants. � � �:.p�i� Citv's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Artist, or City will withhold amounts sufficient to pay premium from Artist payments. In the alternative, City may cancel this Agreement. 8 Contract No. C32670C Acceqtable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subropation: All insurance coverage maintained or procured �;: �� pursuant to this agreement shall be endorseC� � waive subroaation aqainst City of Palm Desert, its elected or a�ipc��r�t��,officers, agents, officials, employees, and volunteers or shall speeifically all�v��rtist or others providing insurance evidence in compliance with these specificatEo�.s to waive their right �„ of recovery prior to a loss. Artist hereby waiues its owr�;Xight of recovery ��. against City of Palm Desert and shalf Keq�ir�� si�iilar written ��p��ss waivers and insurance clauses from each of its sub`c€�nsultants. � Enforcement of Contract Provisions (non estoppels): Artist acknowledges and agrees that any.actual or alleged failure on the part of the City to inform Artist of noncompliance with any requirement imposes no additional obligations or�the City `r�or does it waive any rights hereunder. S��ations No� ��Lirnitind� _Requirements of specific coverage features or � � ;'��m [r�i�s co�r�t�r��d in this Section are not intended as a limitation on coverage, �li�its or other r��irements, or a waiver of any coverage normally provided by y{� �� ar��surance S��fic reference to a given coverage feature is for purposes ,��,h H.� of clar�fication only ��t pertains to a given issue and is not intended by any , party or in��r�d to k��II inclusive, or to the exclusion of other coverage, or a �;,� waiver of any �� ;: �� Notice of Cancellation: Artist agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability polices shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, 9 Contract No. C32670C employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. City's Riqht to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, the City and Artist may renegotiate Artist's compensatwn. �i� ...:`,' Self-Insured Retentions: Any self-insured ret��t�ions must be declared to and approved by City. City reserves th� F,�g�t� fio require that self-insured �, retentions be eliminated, lowered, or��lac d by �d�ductible. Self-insurance will not be considered to com I ��" ese s ecificatiorts unless a roved b P Y �� p pp Y �� . City. �� `' �� y��,,, ` , 1 Timelv Notice of Claims� Artist shal�� prompt and tit�n�ly notice of �� ,� claims made or suits d that ar�i��,out of or result from Artist's � performance under this Ag e�me�'and that irtvcrlve or may involve coverage , � ; � , under any of t��..: ired liabif�r polici� ��A � � �� \v ��,; Additiona��E� - ranc� Artist sh� „ proc�� nd maintain, at its own cost �, �� .. ; and expens�; �y addt �nal kinc�qf insurance, which in its own judgment � � � x. may be necessa�� ;��+��r prot��n and prosecution of the Work. % �� :: Indemnif��ation Art� �hall in'i�� , defend, and hold harmless the City, �. �, �. ��, and its officers;employ" and agents ("City indemnitees"), from and against � �. any �and all cause� of act�c��: claims, liabilities, obligations, judgments, or damage�; including reasonable legal counsels' fees and costs of litigation ("claims"),'arising o�tt of the Artist's performance of its obligations under this agreement or'`ot�t c�f the operations conducted by Artist, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. ARTICLE 5: COPYRIGHT 5-1 Copyright in the Work and related design, drawings, sketches, and models will be owned by the Artist until acceptance of the Artist's Work by the City pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist 10 Contract No. C32670C agrees not to make use of such copyright in the Work for any purpose other than the performance by the Artist of the Artist's obligations under this Artwork Contract, without the written consent of the City. Upon acceptance of the Artist's Work pursuant to Section 1-6 hereof, copyright in the Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist or the City without the written consent of the other, which consent will not be unreasonably withheld,,, , 5-2 The Artist certifies that the Artwork is a unique r�io"rk of art especially designed for the City, and shall not duplicate or re�r�tic�c�;��e Work nor shall the Artist . ,t;s ,�, permit others to do so except with th� written perm��sion of the City. 5-3 The City has the right to reproduc� and distribute ir�: �a�inted form and on y;�, commercial documents and or brochures or any other li��ture of the City ��. describing or dealing with its real es#�te haldings, photographs, realistic renderings, videotapes, or films of the Wo�r� Such reproductions and use of the images of the Work for promotional purpos�s shall not constitute a breach of copyright and n� royalty shall be due and pay�b[e.by the City to the Artist for such use. �� 5-4 CREDIT TO THE ARTIST A��r��+��luctions af the Wark by the City shall contain a credit to the Artist. � y; � � � � 5-5 ��„��DIY`'�"C� :k1E CiTY � : � �� "�"k�� Artist sha��%� his/lier best effort to give a credit in any public showing under the Artist's ��trol of�illUstrations of the Work as follows: "An original ��. work�ar�missioned � y d owned by the City of Palm Desert, California." � �� '' �: s ��:� ARTICLE 6: AF��T'S RI��iTS , � �;�. 6-1 MAINTENAN��,%,� The City shall reasonably protect and maintain the Work against the ravages of time, vandalism, and the elements, in accord with the instructions of the Artist provided under Section 1-5(b). If after five (5) years, the Work is seriously damaged or faded, then the City reserves the right to return the cabinet(s) to its original state or the paint over the Work. 11 Contract No. C32670C 6-2 ARTIST REPRODUCTION RIGHTS Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting the Artist and the Artist's career, two-dimensional images such as photos, digital images (at 300 dpi), realistic renderings, video tapes, or f,��s of the Work as installed \\�� and formally accepted by the City. Such rep�t��ions and use of the images ��a Z� of the Work for promotional and educatio��t��r=��,;,�,ses shall be deemed to not �- �, constitute a breach of copyright in any�way and� =�oyalty fee shall be due , and payable to the Artist for such use.� Such reproduc�� and images of the ��.. �� Work for publicity, promotion, and educational purposes � II, to the extent ��, reasonably possible and appropriate, give reference to th��ity of Palm Desert. ARTICLE 7: ARTIST AS INDEPENDENT CONTRAC'TOR �.:. The Artist shall perform al�_work unde�r��this Agreement as;�.t�>independent contractor and not as an agen�or empldyee of the Cify. The Art�`ist shall not be supervised by any employee or offi`cial of th� �ity nor sha{LMthe Artist exercise supervision over any employe� �� r,ff�cial of��he �i��,ti,_The City�alerts the Artist to the provisions of the " ; «�� _ � , Labo��c�c�e §1�'�� ich may require the?payment of prevailing wages. � -�. �:� � ART� `� 8: ASSIG s�� NT, TRANSFER AND SUBCONTRACTING '":;� � a,. Neither t��ity nor the ��j�t shal( assign or transfer any interest in this Agreement �A` `��x„ without prior vu��tten cons�� of the other. Upon written approval by the City, the ;;. Artist may subct��ct pc�t't�ons of the services to be provided hereunder at the ,v,� K,:;, Artist's expense pr ��°that said subcontracting shall not affect the design, ,.,,,� appearance or visual quality of the Work and shall be carried out under the personal supervision of the Artist, and in accordance with all applicable laws. ARTICLE 9: TERMINATION If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely or proper manner, or otherwise violate any of the covenants or agreements material to this Agreement, then the other party shall thereupon have the right to terminate this 12 Contract No. C32670C Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become City property. This, however, shall not relieve the Artist of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist. In addition to all other remedies, the City may reasonably withhold payments to the Artist urt�kil su�h time as the exact amount of damages due the City from the Artist is d�t�t�rnined. a ;:. �� , z:; ARTICLE 10: MANAGEMENT ANALY�,�",�Af�D CONTRACT'ADMINISTRATOR �;, The Contract Administrator for this ��i��ement shall be Deborah Schwartz, Management Analyst of the Ci ,c�f Palm Des�(��r h+��"i�esignee. �� ,��;� � r ARTICLE 11: NON-DECIMATf��`�y�� ,�, In carrying out the performance f t��s �'vices c�e,� nated, the Artist shall not ;. �,�� discriminate as to rac�, �eligion, se��age, se��l��rien�a��, national origin, or the �� ; : �� , ��s, presence of any ��sical, r�i��#al, or s��s�or� k��[iidi�.�� k � � �,. , ARTICLE 12: COI�IIl��,ANCE�,�� ': f �� " � The Artist shall be r�qt,t��'e��rr�ply i �� all federal and state laws and City �� , � statut��'�rdinarices; and' r��lations��li�a�ie to the performance of the Artist's services„under this Agre�men`,.��luding but not limited to, Chapter 4.10 of the Palm Desert Municipal Code, C�rdinanc =;; � 0 and 936, and the City of Palm Desert "Art in Public Placesn;guidelines. ARTICLE 13: ENTI�E AGREEMENT This writing embodies the''entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13 Contract No. C32670C ARTICLE 14: MODIFICATION No alternation, change, amendment, or modification of the term of this Contract shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the City and the Commission. ARTICLE 15: WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, cov„��ants, or conditions in this Agreement. The payment or acceptance of fees f4��period after a default shall � not be deemed a waiver of any right nor an acc � � ��# performance. �\�� x ARTICLE 16: GOVERNING LAW �� This Contract, regardless of where executed or performed, s��l�be governed by and � �� construed in accordance with the laws of �h� State of California �� ,� ��,� ARTICLE 17: DEATH OR INCAPACITY OF AR'�'1�T� ' ��`� � �� In the event of Artist's physica� inc�pacity or death prior to the completion of the ,, Artwork, all payments made up to the point of incapa�if� or death will be retained by Artist and all work performed to date of incapacity or d�ath will be compensated. Upon payment to compensate Artist or Artist's estat�`fQr all work performed to the date of incapacity or death, the incomplete;, Artwork and any materials paid for by City willy��e the prop�rt��of City. HQwever, if the Artwork is substantially �;f�� /��'�dF%/�^.,�>�' �� . desi � 'and/or` ��leted`and it is fe�sible'for the work to be fully completed ��}� ` witho� t�ndue delay, �� may etect to proceed under the terms of this Agreement with the}'w�i�#en consent ��Artist's estate. In the event that City elects to proceed � with the comp��t�on of the ,��twork and has obtained permission from the Artist, or his/her estate, �� ,;rema'r��I�ig work to be completed in accordance with this j Agreement will be del��t�d�to designated person as in Exhibit "D". ARTICLE 18: NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery and receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt requested, postage- prepaid as follows: 14 Contract No. C32670C City: Artist: c/o Deborah Schwartz John Doe Management Analyst 1234 Art Lane 73-510 Fred Waring Drive Palm Desert, CA Palm Desert, California 92260 XXX-XXX-XXXX 760-346-0611 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by his respective authorized officers or representatives as of the day and year set forth on page one of this Agreement. ��, .;; ::; , ,. CITY OF PALM DESERT ARTI�"� ��>`�� : � � , . �� t��.. � ::, :.= � . B � y. � � MAYOR JOHN DOE, AI�IST � .. �;�� ATTEST: \ ,,��\ ��__.:� By: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS Tf� FORM - � ..�.��. �� . DAVI �°�RW�AMS�:� �:. � CITI�",�TTORNEY � � � ��. � �.� � � �� k � � 4'„�.��'y�� =. f� � dw f�� /,; 1� a ,:�;,' �;� 15 Contract No. C32670C Exhibit "B": Proposed Painting Schedule Please provide a painting schedule including estimated dates and times in which work will be performed on the traffic signal cabinets located on Fred Waring Drive and Phyllis Jackson Lane. ,; y �:� �� .;, , � 9=�:; � � , �:';. �� . , ,� ��,. ��'�� ;'�� '��,,, , �.�,,, y �� .�� ^ Z °� p =. 9 � 1"& \ :� ��\£� �<. �`kk i� ��;�• � a'�G: j.:�, 16 Contract No. C32670C Exhibit "C": 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 "Untitled" as presente� by Artist John Doe. Procedure of maintenance as described by Artist: �; �. .. ,y g��r ,�, . �..R, � ��. <, ,. '�. Artist Name ; �� f'� � �� Artwork Title ��°� � '�� .�� :�:: � �� Date �' �� z�,, �, �� , �� " m,�3. 17 Contract No. C32670C Exhibit "D": Designated Beneficiary of Artist in case of Death or Incapacity of Artist Please provide the Name, Address, and Phone Number of your designated beneficiary. ��\ ��:��.. � � ��A`'�. � .,�. � ...�, z ' �� :;, `��\ ��>. ` .��. � ��.� � � ��., ��, ��;y � ,,,,�� i � �� 3 �� ,. ;� � :;� ;�,� ��;;, ��f �.q�� f e. � �� , �� f �� :� � ,� , 1�� . ��;,, „ , // ,, 18 Request for Qualifications Public Artwork for Traffic Signal Cabinets (DEADLINE FOR ENTRIES — Friday, October 4, 2013 at 4:00 p.m.) ABOUT THE COMMISSION: The City of Palm Desert is seeking an artist to create artwork for a set of two traffic signal cabinets located on the northeast corner of Phyllis Jackson and Fred Waring Drive. The selected artist will be required to host up to two workshops with students to create two or three design proposals for the cabinets, from which the City's Art in Public Places Commission and City Council will select the final design. The selected artist will be responsible for painting the cabinets without the aid of the students or assistants. MATERIALS: The selected artist will be required to provide his or her own materials and is requested to use One Shot paint or another material of his or her choosing, upon approval by the City. The City will perform the preparatory work on the cabinets prior to the painting. SUBMITTAL DEADLINE: The receipt deadline for entries is Friday, October 4, 2013 at 4:00 p.m. PROJECT BUDGET: • $1,625 for the set of signal cabinets ELIGIBILITY: Open to artists in the Coachella Valley and surrounding area. Artists will adhere to insurance requirements as recommended by the City's Risk Manager. In order to work with students as required, the selected artist must receive clearance to work with the students from the school district. SUBMITTALS: • A current resume or CV, including experience, if any, working with students and current contact information. • Up to 10 images of past work on CD, color photographs, or jpegs (if submitting via email) and corresponding image list. • Materials can be submitted to: publicart@cityofpalmdesert.org, Subject: Traffic Signal Cabinets or City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Public Art Division/Traffic Signal Cabinets • If materials are submitted via regular mail, include a self addressed, stamped envelope with the appropriate postage for return. Dear Commissioners, Thank you all for making this project possibie. t personally can't stress the importance of art in our community.Art truly changes lives for the better. I have worked with a wide range of local Val�ey students over the past 4 years. I started as the artist in residence for the S.C.R.A.P Gallery organization in early 2009,where I worked regularly,assisting with field trips and other on and off site interactive projects throughout the valley. I have worked on several sculptural pieces including mosaic tiling, assemblage and other various mural projects, both interior and exterior. I was hired and trained by PSUSD's Performing and visual arts coordinator Louisa Castrodale in early 2010 to work as a professional artist mentor to work with highly at risk teens giving weekly art classes on site at 3 tocations; Ramon Academy, Desert Hot springs Alternative Academy and Mt.San Jacinto High school. At all three locations including a Desert hot springs after school program,we fallowed a core of basic art and design skills.All students also participated in several local art competitions, including the Palm Springs Art Museum,7he annual County Fair and date festival and Palm Springs city sponsored competitions. Several of our students were awarded 15`place ribbons along with Museum and city purchases. As funding has been cut for the programs!was working with, I have started to take on some private students and I teach regular workshops and give lectures at Venus Studios ranging from mixed media painting to Gallery preparation. I was able to work on a few different onsite murals with my students. I have included examples of my experiences working with my students both in and out of the classroom. Thank you for your consideration in regards to this: RFP. Public Artwork for Traffic Signal Cabinets Ryan Campbell 310-697-2953 mohteldesi�n@vahoo.com www.ryanmotelcampbell.com Ryan Motel Campbell Artworks identification sheet 1. Students of Ramon Academy at work on their 5`h element mural project,2012 Pa�m Springs Ca. 2. Finished student murai for Ramon Academy Palm Springs Alternative High School. 2012 Piece designed and executed with guidance of myseif and a teacher assistant. Project was completed over a 3 week period based on time available with students.The metal cutouts were fabricated by the Palm Springs metal shop students.All students'attendance and behavior were exemplary while this project was going on. 3. Art with Heart afterschaol program mural progress Desert Hot Springs Ca. 2012 4. A continuation of progress on the after school student mural. �esigned and executed by the students with my guidance,we also constructed the wall for painting. 5. Student involvement for the Two Bunch Palms Elementary school mural in Desert Hot Springs Ca. Designed with student input and current literary curriculum. 6. Finished mural at Two Bunch Palms Elementary schovl. Desert Hot Springs Ca. 2012 7. Resident involved mural at Safe house of the desert, residents were not to be photographed. 2013.Thausand Palms Ca. 8. Finished resident mural for Safe House of the desert Thousand Palms Ca. 2013 9. Students involved mural banners progress shot,sponsored by the City of Palm Springs, honoring black history month.Vista Del Monte Elementary school, Palm Springs Ca.2013 10. A portion of the completed banners, both front and back. Painted by student of Vista Del Monte Elementary school.The banners were then hung along the downtown strip of Palm Springs for the month of February. <;�i� '+"I�I'�' i '�- ��. � � �U s -{ `�`"" �� ;�' �� ,... ; � � �W.. �� Y� Ik�l�` {� ,�3,� �"',�i, �i u•.. . . Ryan Motei Campbell 6.1981 Glendale Ca. Ryan Motel Campbell is a well-liked and highiy respected figure in the ever growing art community of the Coachella Valley. His works have been featured in galleries and institutions,and reside in many prestigious, private collections. Primarity,Campbell is a painter but has worked in many mediums and disciplines.Campbell's work is a mostly figurative subject with an appetite for the abstract. His works are unmistakable in style and execution working in bold line, layering and wash techniques. When asked what the message in his work is he replies. "I want to create elegance with movement and form. Elegance seems to be lacking in our world today and I want to be the reminder of the times of old when formality was everything." Campbell is self-taught with the guidance of inentors, literature and constant visits to museums and galleries. His passion evolved while finding his voice in the world of street art and mu�alism,which has allowed him to work on several public art murals and sculptural installations.Campbell has been commissioned by both public and private entities to create both large and small scale murals and installations. Campbell has a�so worked as a teacher and mentor to many valley citizens, including a focus on at risk youth. He currently teaches regular workshops at Venus Studios Palm Desert.Where he has been named head gallerist. His ability to organize and produce exciting new showings and exhibitions showcasing emerging and local artists have aiso made him a highly sought after curator. Campbell resides in Palm Desert California,working in his home studio daily. He has been awarded several prizes of recognition for his works submitted for various juried exhibitions and his community involvement and dedication to the arts. When Campbell is not painting, he operates a Fine Art Services company that ofFers assistance for artists,organizations,galleries,collectors and design professionals with a range of services. Including: original artworks, installation, packaging, logistics, sculptural maintenance, restoration,staging,design design-assistance and collection management. � Ryan Motel Campbell Resume CLIENTS Wyndam/Renaissance Hotel, Palm Springs The Garage,Cathedral City George Azardian Esq.,South Pasadena,California Erik Longoria, Laguna Beach,California East Meets West Catering, Palm Springs,California Donna MacMiilan collection, Palm Desert,California Reba and Dave Williams, Palm Springs,California , Phil and Lisa Smith collection, Palm Desert,California Dennis Ogas Salon, Palm Desert,California Chef Aaron Kiefer Bud Johnson Design Patm Springs Unifed School District, Palm Springs,California Alisa King, Los Angeles,California Doug and Annie Twietmeyer,Scottsdale,Arizona Gery and Tandy Bowers, Houston Texas F►ed and Renae Drier, Newport Beach, California Richard and Jane Tweedt, Palm Desert,California Patrick Harkins collection, Bermuda Dunes,California Louisa Castrodale, Palm Desert California Lindy Bell, Rancho Mirage,California John Gale collection, Palm Desert, California Jade NelSon, Palm Springs,California Venus Studios, Palm Desert,California The city Of Palm Springs permanent coliection Francis Lim. Manila Philippines Cheech Marin Dianne Funk Productions,The tndian We11s Art Festival The Art Fund Absolute Vodka(Pernod Ricard Co� Joshua Tree music festival Project Angel Food Adams Design Fit and 42 Precise Nutrition Intl. Andalusian Court, Palm Springs Ca. Braddahs Island Style, Las Vegas Nv. GROUP SHOWS 2013 5 The Golden era of street art,Gallery 446 Palm Springs Ca DesertScapes Community show, Palm Desert Ca City of Palm Springs annual juried exhibition.Awarded 3'd place, Palm Springs Ca Get Art Los Angeles,Hollywood Ca. Venus annual season kickoff. Palm Desert Ca. Higestl=orm Gallery presents. Palm Springs Ca. A All Types, Palm Desert Ca. 2012 The Hive Gallery, Los Angeles California The EPC all-star invitational, Palm Desert California The West Coast Art and Frame exhibition, Las Vegas Nevada Marks art Center,2 man show The City of Palm Desert'Community gallery 3 man show titled THREE Cosmic Awareness 2011 5avage Gallery and Boutique, Pam Springs,California Stick And Move,Tokyo,Japan 13th Annual Pam Springs Juried Show, Palm Springs, California 99 Buck Palm Springs Art Museum Auction, Palm Springs,California The Hive Gallery, Los Angeles,California "Endless Summer" at DOS, Palm Desert,California 2010 Coachella Valley Art Alliance Corn Exhibition, Indio,California Coachella Valley Art Scene "Something For Nothing", Indio,California Mapping The Context, Indio "Collision" at DOS, Palm Desert,California 12th Annual Palm Springs Juried show, Palm Springs,California � � The Gilded Age,A Tale Of Today, indio,California Walking Tall,City of Palm Desert,California Falling Up, Indio,California 2009-2005 Six Degree Transformation, Los Angeles,California "The Devil Might Care"Trunk Show, Palm Desert,Ca{ifornia "The Contemporaries"At The LA Mart, Los Angeles,California Subterranean By Design,Cathedral City,California April Fools,Cathedral City,California Summer Soul-Stance,Cathedral City, California In Her Image, Hollywood,California Classic America, Rancho Mirage,California City Destroyer Invitational,Venice,California City Destroyer I1,Venice,California TENTATIVE TIMELINE: August 16, 2013 — Request for Qualifications available October 4, 2013 — Qualifications due October 9, 2013 — Review by Art in Public Places Commission October 24, 2013 — Review by City Council February 7, 2014 — Design proposals due February 12, 2014 — Design reviewed by Art in Public Places Commission February 27, 2014 — Design reviewed by City Council March 2014 — Commencement of painting of signal cabinet FOR MORE INFORMATION: Deborah Schwartz, Public Art Coordinator, dschwartz@cityofpalmdesert.org or 760-837-1664. DISCLAIMER: The City of Palm Desert reserves the right to reject any and all submittals and to decline to award a contract for this project. IMAGES OF TRAFFIC SIGNAL CABINETS: Dimensions: 48"H x 25"W x 18"D and 77"H x 44"W x 27"W Page 2 of 2 Y