The URL can be used to link to this page

Home My WebLink AboutAIPP - Trffc Sgnl Cbnt - B.Masoumpanah CITY OF PALM DESERT ART IN PUBLIC PLACES COMMISSION STAFF REPORT REQUEST: APPROVE THE PROPOSAL FOR ARTWORK BY BIJAN MASOUMPANAH FOR THE TRAFFIC SIGNAL CABINET AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND COLLEGE OF THE DESERT. SUBMITfED BY: Deborah L. Schwartz, Management Analyst DATE: October 10, 2013 CONTENTS: Artwork Proposal Bijan Masoumpanah's Resume Artist Contract Recommendation By Minute Motion, approve the proposal by Bijan Masoumpanah for artwork for the traffic signal cabinet on the northwest corner of Fred Waring Drive and College of the Desert. Commission Recommendation At its regularly scheduled meeting of September 18, 2013, the Art in Public Places (AIPP� Commission recommended with a vote of 4-1-1 (Commissioner Darby voting no and Commissioner Thompson abstaining), the approval of the proposed artwork by Bijan Masoumpanah for the traffic signal cabinet at Fred Waring Drive and College of the Desert. Executive Summary At the meetings of February 20 and March 14, 2013 respectively, the Art in Public Places Commission and City Council approved issuing a call for artists for the set of two traffic signal cabinets on the northwest corner of Fred Waring Drive and College of the Desert. At the AIPP Commisison meeting of September 18, the Commission selected Mr. Masoumpanah's proposal, which depicts a series of bighorn sheep in their natural environment. The artwork will be painted onsite using acrylic paints. Commissioner Darby voted no on the proposal because she had concerns that the bighorn sheep might be misconstrued as the College of the Desert's mascot even though it is not. However, the cabinet is located on the street at College of the Desert. Staff has contacted the President of College of the Desert and is still awaiting a response. The cabinet sits Staff Report Bijan Masoumpanah Traffic Signal Cabinet October 10, 2013 Page 2 of 2 closer to the McCallum Theatre than the college, so staff contacted the General Manager of the theatre and he does not have any objections to the proposed design of artwork. Mr. Masoumpanah is a Coachella Valley artist who has exhibited artwork throughout the Valley, including in the Palm Desert Community Gallery. He has also painted traffic signal cabinets for the City of Desert Hot Springs. 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; a plaque for the artwork at an estimated $50. The artist will be paid $750 to painf the cabinet. Funds are available in account number 436-4650-454-4001. No general fund money will be expended. Submitted By: Department Head: �� -__ �� - Deborah L. Schwartz, Management Analyst Lauri Aylaian Director of Community Development Revi d: CITYCOUNCILA ON APPROVED � DF,NiED RECEIVED OTHER aul Gibson, Director of Finance MEET �� AYES. ' ' � NOES: ApprovaL• ABSENT: ABSTAIN: VERIFIED BY: Originat on File with City rk's Office n M. Wohlmuth, City Manager Bijan Masoumpanah Traffic Signal Cabinet Proposal List of Materials I will be painting in Liqitx Acrylic Paint. Upon completion, I will use two coats of Rust- Oleum Professional anti-graffiti barrier coating to cover all sides of the traffic signal box. - p p {yqp'' j �. �III..�. ��I�v�rr i y� �Li� � I IIII I,O�A��V�s$�"�`�i�71 il�esl P II I I � P 9"9 II ' y� � C $ i � e� ta. �,�<r: � II I I'�'i' i ,� �' k' �,L' r s i �� .�:, a�o, ,.�� t ��. t a. � n� ,:-nz i i , s €� ��.� ��'� 'k_ �f� �,� �:' .,� �� ' '#P ' i '�, x � .� ��,� � r ,. �� " �;;� '� �` � 3� ��. � ,�4.;� �,. •T . � , ,. { .i �- . � � ,: � �� , R; , . � � �� ° �,�. �,,,- N r" ,u,�n�� r ; � _.��y �'�,Y , ;.�'�p , ��'.�,+ �,�, r� F �� . °�,;ry ��.. �y}�� ^ �� . .. `��'�w. �,�'��',��»� �i�. �+' ��"� `�,� �'�� ,<�.� y`�,�,;, � �� , �� ..�°,� � " �, . � � � ��,- , r �� * �� t. � �1 'k�+�-� � � � .i�:. µ _. � � a�-r.�„� `� �� W � µ � Af��n I ... M1,f7',' 1 ��,"'1'� t�w� , �, '�'� � �{J,; ,� � ,(� �f L 6 `A� �.a., � �. p�i .,. � . a � w � �„ .. � .,,r.�: � �"" � ' t �,.. � .p �,n,'" � a t?. p y� �� ,. •,� �` ' � . '� '�IM�I', " ' s m�� ,� �� il i�.Y��ll� ��. � II�'�.�� li�-�, i'i �� r` ,y��,�- � I h�� $Y:'r.m k � �+ �a ,�'.c� �•. y �e l,�� '�byzy��j(� �'�} . ��a , � .fi°'' ,� y r �", �� '�a ,.*' ro �.^`�� ,�` �,, �, �,�r �:,: �: �� ;.� ��C� 4�r ��W ��y �< �. �. 2 � �" � a � � �� M �GMi � r � � ;: , � ,, . , � � � < � ��;;�,�. � � ��,�,' �� ,�.� s, " � • � .,. �: ,'� �� .� ' ��, ;�� ,�`; � � �� v, �m ,� ��,' � ��. �5� � �'.� , — s'" < � ^ , �, ,�� ., °��,. , .��LL�, u � ��,�;�,s.�� . �. � � � � � , � , . ,, � ,,, � �" � ,:,' ' �, �,- ;�w' � �,� > �u�n,,._ .�,. ,. .�. , _ � �� q M1 1 F ��w A � . r�w., �� 5'. ^;.,°�' ,.�:$ ' � .U ��-� � �� V�� , .� �� M n. � +n .�� g,Y . . F� �� i�4 �j �v_ � iif'�' � m�,� > .� � y� � �r .� xr} , � 4 z 7 t' _ �, ,�,+ y�: : 1`� ,� a i,�� ,��^ �„ �. . � „ : � �s �'d' . . � , rt��a1 . a a� > a ,i r'� �p es- � k 1� ��'p, � ., iey�s "�.ny �� ' r � � j�� ..a. r� �� . . ��+ { �,�: . � � Y � �. ��*wfie��`arv� � r. �A ��NN . ' .. � : !� t�'�� M, . � �� . � .��::. " �" .; .zo 6r . . � " kw "�' f �5,. m' _.. _ ��'� ;� , . � . ,.., ' � S ��k� ��. ��a °�,,� �� i� ' �� . � � A�� t � ,��" „ . .. .� � �' � 4 � 4 �. �� " � �e�� .,. ,� "�3 -� �i�1 y, � � � q � 'A, 1.v �`�� ' � �', �,� ��,. 4' r' �p "M`�Mh �-, �} � �. ^,�+�. y�� . � �� b ro' � � `��'�`.. c :+ �� . �� k � � � `" � � '}h�,�'�" ,�a�ix '��; �'} .. :� � �s +'�$;,,, ��.� ��y^�,� � .�.w �,�' ��, 7 `��Nfi�` `� ��° �� & �'��t� ,��°� �^�: � ,, �, �r F � �� a ..� �,�"' � � ��- �� m �, r r k.`. .�^:� �, . �" . . . . . . �r . v� �n�� Q� £y �' '. . . . . . . � . . '� `�y� � � -f ��,��4� �S ' �� , �� x §��:� r a s�"�{�-. a i �� ' µ,�'�:, . . . . r u��g`,, '� ��,. � r �� "^i��n�' a . � �� " � �N'� `��.�, .�..��.�y � . . . � � . � .. . M � .�p�NZ L�M� ' r , .. . . .. . '� A � � . . . � . ' � � "'� � � ��` �� ' 'M �� , , .. r . � �' . . _ n ',: ,. - , . � � � ��rc� . ,.; , . �; $ . � , ., a��; - �_. � . � . p _ „�:: � �skn � .. .� ,a`.� •# � '�'�� , �,._ �R: , . �� ' wt� . a�°� - �i. �w $ " Sro�T �"a ��y�,� �"�1 ,�' �:! �,''. h i y"' `� .. �^ ��`, � t' ��y "Y ,�� _� 4..f .��q�„ N.' �., . � �j S M 'f �� :�f � 4 . l� �� : q� �,, : � .�. � .> � �� 'S ;��: ,k Vf"�.,�, i " � �� `� :a t��i :�''y irvM1��^�� k .. � n S �� ., ` ,� �± "^�'I'^g„� .� � ,«�e��...r,�,p,� .... ,. .. ., .. �� i r� � " � ,; � � �� :� , � � ' �� , ,. �� :�< ;�.��,�� p�?t ��,., a � l '�" y,�r�;,.� �.,°��"� .. ,� �� .� . � . � , �� < '�. �."� '�� _�., �,�� R � � � � , �" ' � -��" ,� ,, �� . � �� ; �� .� � ,f �, . _ �� '� � �' �� a �� a � ,�. .� .,� � � ; �' � '� � � �°, ��a��, ,�� 7 � �,,� z � � �� i �� "� ,�5 �':.�� . � .. •', '�''�S _.. : , fiu. -= - , �� ,� .t � :.� � �� ; N, � � �� k � y: . � , ��x`4�� . � ;F" �"�,.F.� �i�t w#'�'% , a , • _ � n � o-, � �� § :� �°� �_ „ x c s � {�� " � ,,,� ��.,�� `�., .:A , a �� , .,,��., $ � �'� `,� 'i� � �a. ;, � � �, �:�' � �� 1�.�. .�+:��. . 4'T . � ..�P�utll�i�j�;,� � �� e1�, �� •�'�� `ry+p . �4 � �� '� � t' .� �"� � '� ��; �. � 4 �i ,,. .. �(� r �:�,..,� -va ,�v.� �. a.� � {� �� x � �`,i �•�. � ,� � r . � ;� �� q� . , a � � � �i � .,r �� 7 �;�,�� ,�., � a , � ;� `s �, � '� �� {! 'd k��k)x � : �p" a ' � R4 . � � .. ,.,: i } t �� 5` ( � "m" � t� a ,r� �„ � � ,. , � � � "�m �'h�,w �„"w .'��. ,� "' "tr' ,�� ;� 'r " g, ��..�r : rr:�YS ,� , , # ',� ':.:e� " •.� �;� � � 1� �. 'a .r-9� � ^�� r � � +'�^� � � . �t � '� , . � ,.. - n i r <<' r . � . �q��a� � 7,. µ,..' � ' r'. . .'z Yx ` ' a �d. d � '�FLS"`�� 9xa'i�. ,',,�. $ � . . ` 3..' r � .ar�"1 t.;"�+r`�y..... .. • �y �� P � � .. h. "y r. � ��. �;„ � il . '� �� } s� .. . s- si �� "� �� . � � �"" ��rc�+�, �.� . � ��`„�.�T ��. �; � � 6 . � �� i7y�e. }ry . . �3� � '�S ,��,�, �'$ ,�Z�' r"� � •p,e . ' �� , �. �� , , � �.. �� , {, � ��; � ` � � ; �� ,�,, �^b �, � � � � �� h,,. �� .,�� s�w� �� , � � $ � ' �.,�,4� �� '� �' ��, "� � �w � �; �-: r, '` , �,, � ,s. �� ` '� � �^ � ,� a u° <x'�� ,� � � �z�d � N � � '� �<_�� `` ` � � �� ' �, " e � � z a, �, � _ �, � �h �x�.? �'� �.� �� '��i� �� .. � ;, :a T; r , ?+ , � M. �� ... , . � �� ,�� . ��sa _ .... ��tx �. � �, � �n. � '�;J4r� ��qsournPanc�l7 W W 'tU(�IUbI� Education: 1973-Studied graphic design at City of I�ondon Polytechnic London, UK. 1975_Studied color photo�raphy &graphic design at Portiand Community College, Sylvania Campus,Portland,OR 1976-Studied graphic design& s�raphic production at Portland State University, Portland,OR. Involved in graphic design,layout& pre-press for PSU Duplicating Dept. Graphics: t979-Worked as an art director at Pioneer National Advertising. The work involved outdoor board design, newspaper ads, full color posters& brochures for Internationai Seeds& Oregon Ryegrass. I980-Free(ance design,involved in a variery of jobs such as: graphic desis3n, display, mural, photography& painting. Commissioned to do illustration for OMS[(Oregon Museam of Science Institute) to be used on vehicles for outreach program. 1994-Worked as graphic artist at Identigraphics(label& signs manufacturing)my Work involved: design, iltustration&digital pre press(spot colors& full color seps.) 2003-Design ads and literatures for Simic Galleries Murals: Worked on several mural projects. Last project was compteted at the City Hal) in Desert Hot Springs on May 2012: See the portfolio at www.studiobijan.com. Web: 2000-Worked at Bluehill.com. My job involved creating images for the web, banners,web sites design.& I used programs such as: Adobe Ilustrared/Photoshop, Dreamweaver,Corel 9& Gif Construction Set. Exhibits: 1983-Interpretive display(Mt. St. Helens)commissioned by: Gifford Pinchot National Forest. 1988-Worked as graphic artist& illustrator for Color& Design Exhibit. Work involved: design, illusiration,camera work, screen printing, computer graphics. Projects: Fish&Wildlife(Kilavea Point National wldlife Refuge, Hawaii). Wheat Museum(Wheat Marketing Association, Portland, OR.)Additionally: Intel, Sequent, Son of Heaven Exhibit,Tillamook Cheese. 1�91-Worked as designer& illustrator at Jensen Design& Display. Work involved: Design, illustration& computer szraphics. Projects: US Wood Products Association (display fur use by US Embassy in Egypt), Buisc Cascade,Cottee Bean tnternational. 1999-V4brkcd as an Illustrator at Formaticros(a fttuscum design company.) "teaching� 2007-ZU08-Workcd as an art coach for Palm Springs Unified School Di�irict. 2008-2010-Working as Art teacher at Oak Gro�•e [nstiwte and Southwes Juvenile Fiall in Murrieta California. 2009-Teaching art at I.os Anueles Central Juvenile Hall. A�vards: lafco/Kston "Rock Pix" Photo Contest PGE Conservation Billboard Contest. Kodak lnternational Newspaper Snapshot Contest. L.etraset"Liberated Letters Contest'�. lntematiunal Graphic l Oth Annual Art Competitiun. "Portland You .Are The�l�op�' Pu�ter Contrst. :1gt'a"Picture:�merica'� Contest. �1rts in Ore�son Council C1niq��e�iata�ine f'h��to Insider�th Annual Photo Contest Palm Sprin�s ��rt ContesL 200ci [P.-� lnternationa) Pholographic A�rard. 2U09 VVinner of Rancho l�lira�e Library Uesiun Contrst. Bcst of Shuw winner at Palm Sprin�s?Ol2 Contract No. CXX;XX AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK THIS AGREEMENT is entered into this 10th day of October 2013, by and between the CITY OF PALM DESERT, a municipal corporation (the °City") and Bijan Masoumpanah (the "Artist"). RECITALS WHEREAS, the City is implementing a public art program pursuant to Chapter 4.10 of Palm Desert Municipal Code, establishing an art in public places program and related development fee in the City, and pursuant to Ordinances 900 and 936, Ordinances of the City Council of the City of Palm Desert, California, establishing the organization, objectives, and responsibilities of the Palm Desert "Art In Public Places Commission" ("The Commission"j,and pursuant to the City of Palm Desert "Art In Public Places" program guidelines; and WHEREAS, the Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist's work, and; the City desires the A�tist to create an original work of art "Traffic Signal Cabinet" ("the Work") for location at Fred Waring Drive and College of the Desert ("the Site"); and WHEREAS, the Artist's concept design ("the Proposal" which is attached as Exhibit "A"), has been reviewed and approved by the City Council. NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Chapter 4.10 of the Palm Desert Municipal Code, Ordinances 900 and 936, and the City of Palm Desert "Art In Public Places" program guidelines, agree as follows: ARTICLE 1: SCOPE OF 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. Contract No. CXXXX 1-2 REVIEW OF THE PROPOSAL (a) The Artist has prepared and submitted to the City artwork specifications and presentation drawings of the Work in elevation and plans, containing the following items, which shall be the "Proposal". i. One copy of a written description and technical specifications of the Work on 8.5" x 11" pages including the following information: • Artwork Description; • Materials description of the paint and materials to be used on the tra�c signal cabinet; • Yearly Maintenance and Conservation Insfructions Exhibit D; • Work plan and Production Schedule; • Artist resume or curriculum vitae; • Other information about fhe Work as may be reasonably required by the City and Commission in order to certify the compliance of the Work with applicable statutes and ordinances. (b) The City may require the Artist to make such revisions to the proposed Work as are necessary for the Work to comply with applicable statutes, ordinances, or regulations governing the project or for practical (non- aesthetic) reasons. (c) The Artist's fee may be equitably adjusted for any increase or decrease in the Artist'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. (d) 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 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". Contract No. CXX;XX 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 the Work at the Site. (b) Pursuant to Section 1-2 above, the Artist shall produce the Work, in accordance with such schedules. Although the schedule may be amended by written agreement between the City and the Artist, it is agreed that the Artist shall perform all of the obligations under this contract on or before January 3, 2014. (c) The City and the Commission shall have the right to review the Work at reasonable times during the fabrication. (d) The Artist shall complete the fabrication, preparation and painting of the Work in substantial conformity with the approved Proposal, including the work plan and production schedule. (e) Changes 1 . The Artist shall present to the City and to the Commission, in writing, for further review, any significant changes in the scope, design, color, size, material, or texture of the Work not permitted by or not in substantial conformity with the Proposal. 2. If changes reviewed by the City and Commission are not approved, the Artist will not resume the Work nor resume the payment schedule until changes to the Work are reviewed and approved by the City and the Commission. 1-4 POST INSTALLATION (a) Within thirty (30) days after the preparation and painting of the Work, the Artist shall furnish the City with three digital images (at 300 dpi) on a CD or flash drive of the completed Work, one taken from each of three different viewpoints. (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. Contract No. CXXXX (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 work in such publications and otherwise as may be determined between the City and the Artist as soon as is practical following installation. (d) Upon preparation and painting of the Work, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Work if such instructions vary from those provided as part of the Proposal. 1-5 FINAL ACCEPTANCE (a) The Artist shall advise the City in writing when all services required under this Agreement have been completed in substantial conformity with this Ag reement. (b} The City shail notify the Artist in writing of the final acceptance (or nonacceptance) of the Work. (c) Final acceptance shall be effective as of the earlier of the following dates: i. The date of the City's notice of final acceptance; or ii. The 30th day after the Artist has sent written notice to the City required under Section 1-6(a) unless the City, upon receipt of such 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. 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 liabifities then existing or Contract No. CX�;XX 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 upon final acceptance. The Artist hereby assigns the right to collect the royalty payment provided by Civil Code Section 986 to the City and to City's assigns. (b) Except as expressly provided in the Proposal, the City shall not intentionally damage, alter, modify, or change the Work without the prior written consent of the Artist. (c) The Artist acknowledges and agrees that the City may require the Site for purposes other than the display of the Work. The City agrees that it wifl notify the Artist of any proposed alteration of the Site that would require the removal or relocation of the Work or affect the intended character and appearance of the Work and will consult with the Artist in the planning and execution of any such removal, relocation, or alteration and will make a reasonable effort to maintain the integrity of the Work. ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE 2-1 AGREEMENT AMOUNT AND PAYMENT (a) The City shall pay the Artist an amount not to exceed $1,500.00, which will constitute full compensation and payment for all services to be performed under this Agreement including execution, fabrication, artist and/or agent travel, transportation, and preparation and painting of placement of the Work. Payment shall be made in accordance with Schedule included in Proposal. Commencement of Fabrication Fiftv percent (50%� ($400.00) of the Commission shall be paid to the Artist upon commencement of fabrication, as detailed in Proposal. Completion/Delivery/Placement of the Work Fif� percent (50%� ($350.00) of the Commission shall be paid to the Artist upon final completion of the painting of the Work. Contract No. CXXXX Final Acceptance (b) All requests for payment shall be submitted to Deborah Schwartz, Management Analyst in writing for review and approval and must be accompanied by a detailed invoice and other documentation supporting work completed as required by the Management Analyst. (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 The Artist shall be the responsible party for all mailing or shipping charges on submissions to the City, business license, permits, and taxes, and the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3: WARRANTIES 3-1 WARRANTIES OF TITLE The Artist represents 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 elsewhe re; and (c) The Work is free and clear of any liens from any source whatsoever. 3-Z 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, including any defects or qualities which cause or accelerate deterioration of the Work; and Contract No. CXX;XX (c) Reasonable maintenance of the Work will not require procedures substantially in excess of those described in the Yearly Maintenance and Conservation Instructions in the Proposal by the Artist; (d) The warranties described in this Section 3-2 shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the instruction of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional standards including, for example, cure by means of repair or refabrication of the Work as determined by the City. ARTICLE 4: INSURANCE 4-1 GENERAL LIABILITY INSURANCE Without limiting Artist's indemnification of City, and prior to commencement of Work, Artist shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City, based on the recommendation of the City's Risk Manager. General Liabilitv 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, 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 City of Palm Desert, its officers, agents, employees, and volunteers. If Artist does not have any employees, then this requirement can be fulfilled by signing a Declaration Regarding California Workers' Compensation form and Contract No. CXXXX showing proof of health insurance coverage that remains in effect for the duration of this agreement. OTHER PROVtSIONS OR REQUIREMENTS Proof of Insurance: Artist shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coveraqe: Artist shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Artist, his/her agents, representatives, employees or sub- consultants. Citv's Riqhts 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. Acceptable 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 Subroqation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City of Palm Desert, its elected or appointed officers, agents, officials, Contract No. CXXXX employees, and volunteers or shall specifically allow Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Artist hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers � and insurance clauses from each of its sub-consultants. 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 on the City nor does it waive any rights hereunder. Sqecifications Not Limitinq: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 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, 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 compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured Contract No. CXXXX retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Artist shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Artist's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Artist shal) also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Indemnification: Artist shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Artist's performance of its obligations under this agreement or out of 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 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. Contract No. CX�;XX 5-2 The Artist certifies that the Artwork is a unique work of art especially designed for the City, and shall not duplicate or reproduce the Work nor shall the Artist permit others to do so except with the written permission of the City. 5-3 The City has the right to reproduce and distribute in printed form and on commercial documents and or brochures or any other literature of the 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 the City to the Artist for such use. 5-4 CREDIT TO THE ARTIST All reproductions of the Work by the City shall contain a credit to the Artist. 5-5 CREDIT TO THE CITY The Artist shall use his/her best effort to give a credit in any public showing under the ArtisYs control of illustrations of the Work as follows: "An original work commissioned and owned by the City of Palm Desert, California." ARTICLE 6: ARTIST'S RIGHTS 6-1 MAINTENANCE 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. 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 ArtisYs career, finro-dimensional images such as photos, digital images (at 300 dpi), realistic renderings, video tapes, or films of the Work as installed and formally accepted by the City. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not Contract No. CXXXX constitute a breach of copyright in any way and no royalty fee shall be due and payable to the 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 the City of Palm Desert. ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist shall not be supervised by any employee or official of the City nor shall the Artist exercise supervision over any employee or official of the City. The City alerts the Artist to the provisions of the Labor Code §1771, which may require the payment of prevailing wages. ARTICLE 8: ASSIGNMENT, TRANSFER AND SUBCONTRACTING Neither the City nor the Artist shall assign or transfer any interest in this Agreement without prior written consent of the other. Upon written approval by the City, the Artist may subcontract portions of the services to be provided hereunder at the Artist's expense provided 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 materiai to this Agreement, then the other party shall thereupon have the right to terminate this 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 Contract No. CXx;XX may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined. ARTICLE 10: MANAGEMENT ANQLYST AND CONTRACT ADMINISTRATOR The Contract Administrator for this Agreement shall be Deborah Schwartz, Management Analyst of the City of Palm Desert, or her designee. ARTICLE 11: NON-DECIMATION In carrying out the performance of the services designated, the Artist shall not discriminate as to race, religion, sex, age, sexual orientation, national origin, or the presence of any physical, mental or sensory handicap. ARTICLE 12: COMPLIANCE The Artist shall be required to comply with all federal and state laws and City statutes, ordinances, and regulations applicable to the perFormance of the Artist's services under this Agreement, including but not limited to, Chapter 4.10 of the Palm Desert Municipal Code, Ordinances 900 and 936, and the City of Palm Desert "Art in Public Places" guidelines. ARTICLE 13: ENTIRE AGREEMENT This writing embodies the entire agreement and understanding befinreen 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. 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, covenants, or conditions in this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right nor an acceptance of perFormance. Contract No. CXXXX ARTICLE 16: GOVERNING LAW This Contract, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. ARTICLE 17: DEATH OR INCAPACITY OF ARTIST In the event of ArtisYs physical incapacity or death prior to the completion of the Artwork, all payments made up to the point of incapacity or death will be retained by Artist and al! work pertormed to date of incapacity or death will be compensated. Upon payment to compensate Artist or Artist's estate for all work performed to the date of incapacity or death, the incomplete Artwork and any materials paid for by City will become the property of City. However, if the Artwork is substantially designed and/or completed and it is feasible for the work to be fully completed without undue delay, City may elect to proceed under the terms of this Agreement with the written consent of Artist's estate. In the event that City elects to proceed with the completion of the Artwork and has obtained permission from the Artist, or his/her estate, all remaining work to be completed in accordance with this Agreement will be delegated to designated person as in Exhibit "C". 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: City: Artist: c/o Deborah Schwartz Bijan Masoumpanah 73-510 Fred Waring Drive 11750 Upland Way Palm Desert, California 92260 Desert Hot Springs, California 92240 760-346-0611 760-340-3340 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. Contract No. CX�;XX CITY OF PALM DESERT ARTIST By: JAN HARNIK, MAYOR BIJAN MASOUMPANAH ARTIST ATTEST: By: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY