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HomeMy WebLinkAboutC31730 - Purchse Duality ArtworkContract No. C31730 Duality by Heath Satow Contract No. C31730 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE THE PURCHASE OF DUALITY BY HEATH SATOW, IN THE AMOUNT OF $24,000 AND AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT TO PURCHASE THE ARTWORK. SUBMITTED BY: Deborah L. Schwartz, Management Analyst DATE: August 28, 2014 CONTENTS: Image of Duality by Heath Satow Contract to Purchase Artwork Recommendation By Minute Motion: Approve the purchase of Duality by Heath Satow in the amount of $24,000 and authorize the Mayor to execute a contract o purchase the artwork. Funds are available in Account Number 436-4650- 454-4001. Backqround At their regularly scheduled meetings of February 12 and February 27, 2014 respectively, the Art in Public Places (AIPP) Commission and City Council approved the selection of Betty by Dore Capitani, Duality by Heath Satow, and Taking Flight by Alisa Looney with Cross-Over by Michael Anderson as the alternate as the sculptures for a public art contest. For the contest, the public voted to select one of the aforementioned sculptures from the 2013/2014 EI Paseo Invitational Exhibition to be purchased by the City. From March through July 2014, staff advertised the contest through press releases, social media, and word of mouth in order to solicit votes. At the end of the time period, 784 votes were received from the Coachella Valley and around the world. The sculpture that received the highest number of votes is Duality by Heath Satow with 448. Therefore, staff recommends that the City purchase Duality. If purchased, the sculpture will stay in place on EI Paseo through October, which is the end of the 2013/2014 EI Paseo Invitational Exhibition. Staff recommends that upon the conclusion of the exhibition, the sculpture be moved to a yet to be determined location on Desert Willow Drive or at the Desert Willow clubhouse. Contract No. C31730 Staff Report Purchase of Duality by Heath Satow Page 2 August 28, 2014 Fiscal Analvsis If the sculpture is approved, the City would be fiscally responsible for the $24,000 purchase price, the cost of moving the sculpture to its new location at an estimated amount of $400, signage at an estimated cost of $100, and the installation of a concrete pad at an estimated cost of $800. The total cost of the project is estimated at $1,300 more than the cost of the sculpture. Minimal additional funds would be required on an annual basis for maintaining and insuring the artwork. Funds for purchase, relocation, and installation of the sculpture are available in Account Number 436-4650-454-4001. No General Fund monies will be expended. Submitted By: � — Deborah L. Schwartz, Management Analyst Q a/ U Department Head: � w w x o Ao � , :� � � z N `) O � Y �' Lauri Aylaian, Director of Community Development � � d � � Reviewed: W � = U Q 0� ;' u � Q w � .. � ... O > � � •• ? UO � E,—�„ f � f' � I ibson, Director of Finance � a ��'- � � = � � 3 ;f UQ0.! � � s' < Approval: M. Wohlmuth, City Manager Contract No. C31730 CONTRACT TO PURCHASE ARTWORK This Agreement is made as of Au ug st 2g, 2014 by and between the City of Palm Desert, a municipal corporation("CITY"), and Heath Satow ("ARTIST") who agree as follows: Recitals Section 1. City is implementing an Art in Public Places program, allocating certain public funds for the establishment of artworks in public places and for the purchase or commissioning of artworks and; Section 2. History of Work. Duality by Heath Satow has been and will be displayed on El Paseo as part of the 2013/2014 El Paseo Invitational Exhibition from November 2012 through October 2014. The Work was selected for purchase by CITY through a public art contest where the public voted on one of three sculptures to purchase from the 2013/2014 E1 Paseo Invitational Exhibition to be purchased. Duality received the most number of votes in the contest. NOW, THEREFORE, the parties mutually agree as fQllows: Section 1. Price. CITY shall pay ARTIST a firm fixed price of$24,000 for the sculpture described as Duali ("Work"). It is agreed that City has no obligations regarding commissions or any agreements with galleries or agents;with whom ARTIST may have contracted. CITY shall not be responsible for paying sales tax. Section 2. Warrantyo uf Ori_i�nalitX. ARTIST warrants that the performance, design, and Work being purchased is original and the product of ARTIST'S own creative efforts and does not infringe the right of any persons. ARTIST also warrants that, unless otherwise stipulated in writing and attached hereto, the W�rk is original, t�at it is an edition of one (1), and that ARTIST shall not sell, licerise, perfdrm, or reproduce a substantially identical copy of the Work without the prior consent of CTI'Y. '' Section 3. Warrantyo un Workmanshi�. ARTIST shall warrant and maintain his/her Work free from all faults or defects arising frorn material and workmanship for a period of one year after purchase. Section 4. Alteration of Work. Pursuant to the provisions of the California Art Preservation Act, California Civil Code section 987 et se�c., CTTY agrees that it will not intentionally destroy, damage, alter, modify, or change the Work in any way. If an alteration should occur, either intentionally or unintentionally, then the Work will no longer be represented as the work of the ARTIST without his/her written permission. CITY agrees to reasonably assure that the Work is properly preserved, maintained, and protected. CITY shall, however,have the right to move or relocate the Work or remove it from display without the consent of ARTIST. Section 5. Repair. Insofar as is practical, in the event repair of the Work is required,CITY shall give ARTIST, during his or her lifetime, the opportunity to do that work for a reasonable fee. In the case of disagreement between CITY and ARTIST as to what constitutes a reasonable fee, the fee determined by an independent conservator selected by CITY shall be considered a reasonable fee. In the event ARTIST refuses to make the repair far such fee, CITY may proceed to arrange for such repair by a person qualified to accomplish the restoration. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be Contract No. C31730 undertaken or arranged by CITY without advance notice to ARTIST, and such repairs shall not be deemed to constitute an artistic alteration. Section 6. Authorship of Work. ARTIST shall retain the right to claim authorship of the Work. CITY shall assure that ARTIST'S name shall be publicly displayed on, at, or near the Work. In the event the Work is substantially damaged or artistically altered in a substantial manner, CITY shall no longer represent the Work to be the Work of ARTIST if ARTIST gives written notice to CITY that it is the position of ARTIST that ARTIST has the right to deny authorship on the grounds stated in this paragraph. In the event CITY disputes the right of ARTIST to deny authorship, the matter shall be submitted to the Arbitration Service of California Lawyers for the Arts which shall determine the issue of whether the Work is substantialIy damaged or artistically altered in a substantial manner. Such determination shall be binding upon CITY and ARTIST and neither shall have any further recourse or cause of action regarding the matters so determined. Section 7. Indemnification. ARTIST shall assume the defense of, and indern�ify and save harmless, CITY, its officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, and expenses of every type'and description to which any or all of them may be subjected,by reason.of, or resulting'from, directly or indirectly, the performance of this Agreement by ARTIST,'whether within or without the scope of this Agreement, whether or not it is caused in part by a party indemnified hereunder. The foregoing shall include, but not be limited to, any attorney fees:reasonably incurred by CITY. The obligation to defend and indemnify`the CITY shall terminate upon the completion of the one year warranty period. Section 8. Co�yri�ht Upon purchase of ARTIST'S Worl� copyright in the Work will be owned jointly by CITY and ARTIST and no further use of the copyright will be made by ARTIST or CITY without the written consent of the other, which eonsent will not be unreasonably withheld. CITY has the right to;reproduce and distribute'in printed form and on commercial documents and/or brt�chures or any other literature of CITY describing or dealing with its real estate holdingsfr ,photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images aF the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by CITY to ARTIST for such use. Section 9. Credit to the Artist All reproductions o�the Work by CITY shall contain a credit to ARTIST. Section 10. Artist Reproduction Ri.�hts Pursuant to Section 8, CITY agrees that ARTIST shall have the right to reproduce and distribute in printed form and on non- commercial educational materials and brochures advertising or promoting ARTIST and ARTIST'S career, two-dimensional images such as photos, slides, or realistic renderings, video tapes, or films of the Work as installed. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to 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 City of Palm Desert. Contract No. C31730 Section 11. Records. CITY agrees to maintain for a reasonable period of time a record of this Agreement and of the location and disposition of the Work. Section 12. Breach of A�reement; Arbitration. (a) In the event ARTIST or CITY believes that the other has failed to faithfully perform this Agreement, the aggrieved party shall notify the other in writing of such failure. Such notice shall specify in detail each and every failure and the reason such failure is a breach of the Agreement. In the event that the parties cannot resolve the dispute, the Arbitration Service of the California Lawyers for the Arts shall determine whether or not there has been a failure to perform this Agreement and such determination shall be final and binding upon both;ARTIST and CITY. (b) If any matter is to be submitted to a third party for resolution, ali fees, expenses, and costs connected therewith shall be borne jointly and equally by CITY �nd ARTIST. Each and every obligation under this Agreement to submit any matter to a third party for resolution is conditioned upon the foregoing provision of this paragraph. If any matter is to be submitted to the Arbitration Service of the California Lawyers for the Arts for resolution pursuant to the Agreement, and if, at the time such submission is called for, the Arbitration Service of the California Lawyers for the Arts is not in existence or is not able oar willing to provide such resolution service, then the matter shall be submitted for resolutinn to the American Arbitration Association in accordance with their procedures then in use. ' Section 13. Artist's Rights; Notification of Chan�e of Address. ARTIST shall notify the CITY of any change of address and failure to do so shall constitute a waiver of ARTIST'S rights pursuant to this Agreement during the time such omission prevails. Any waiver of a right pursuant to this Agreement for failure to maintain ARTIST'S"eurrent address so aforesaid may be cured prospectively only b�notifying the CITY of ARTIST'S current address. All rights of ARTIST pursuant to this Agreernent shall be personal to ARTIST and shall terminate upon either the legal disability or in�ompetence of ARTIST or upon the death of ARTIST, except as provided ARTIST under th�Copyright Laws. No righf of ARTIST pursuant to this Agreement may be assigned or transferred in any manner, including without limiting the generality of the foregoing any hypothecation or pledge or any grant of any security interest, except as provided ARTIST under the Copyright laws. Section 14. Notice. All notices shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: `'' City: Management Analyst, Public Art City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Artist: Heath Satow 1218 Santa Fe Avenue Los Angeles, California 90021 Section 15. Entire Agreement; Amendment. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. Contract No. C31730 CITY OF PALM DESERT, a municipal corporation MAYOR DATE ATTESTED TO CITY CLERK ARTIST DATE