HomeMy WebLinkAboutAIPP - Trffc Sgnl Cbnt at Fred Waring and COD CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE THE PROPOSAL FROM AND COMMISSIONING OF
BIJAN MASOUMPANAH FOR A DESIGN TO BE PAINTED ON
THE TRAFFIC SIGNAL CABINET LOCATED ON THE
S4UTHWEST CORNER OF FRED WARINCC DRIVE AND
COLLEGE OF THE DESERT
SUBMITTED BY: Deborah L. Schwartz, Management Analyst
DATE: February 27, 2014
CONTENTS: Draft contract
Design proposal from Bijan Masoumpanah
Image of the traffic signal cabinet unpainted
Recommendation
By Minute Motion, approve the proposal from and commissioning of Bijan
Masoumpanah for a design to be painted on the traffic signal cabinet on
the southwest corner of Fred Waring Drive and College of the Desert.
Commission Recommendation
At its regularly scheduled meeting of February 12, 2014, the Art in Public Places (AIPP)
Commission recommended with a vote of 4-0-0 with Commissioners Boren and
Thompson absent, to approve the proposal from and commissioning of Bijan
Masoumpanah for a design to be painted on the traffic signal cabinet on the southwest
corner of Fred Waring Drive and College of the Desert.
Executive Summary
At the meetings of September 18 and October 10, 2013 respectively, the AIPP
Commission and City Council approved Bijan Masoumpanah's painting of a design of
bighorn sheep on the traffic signal cabinet on the northwest corner of Fred Waring Drive
and College of the Desert. This cabinet was completed in December 2013, and has
been very well received by the community.
Staff Report
Signal Cabinet - Bijan Masoumpanah
Page 2
February 27, 2014
Due to the success of the painted design on the cabinet on the northwest corner, staff is
requesting that Mr. Masoumpanah be commissioned to paint a design on the
companion cabinet located across the street on the southwest corner of the intersection.
Mr. Masoumpanah has already completed his proposed design, which depicts desert
cacti in bloom.
Fiscal Analvsis
If approved, the artist would be paid $750 to paint the cabinet. The City would facilitate
and pay for the preparation of the cabinet, at an estimated cost of $350; the UV/graffiti
coating of the cabinet at an estimated $100; and a plaque for the artwork at an
estimated $75. The total cost of the project would be $1,275.
Submitted By: Department Head:
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Deborah L. Schwartz, Lauri Aylaian,
Management A alyst Director of Community Development
Reviewed: CIT'YCOUNCILA ' ON
APPROVED DF.NIF.D
, RECEIVED OTHER�.� ...---
(��o ,
��` MEETI G DA ' ?� �
AYES:� � �-� � � / ,"
Paul Gib , ir ctor of Finance NOE5:
` ABSENT: � '
ABSTAIN: ' ��` '
ApprovaL V�RIFIED BY: � �-- j�l
Original on File wiii� :.ii� " �er K's'uir�ce
�'� ��� `�
n M. Wohlmuth, City Manager
Bijan Masoumpanah
List of Materials
I will be painting with Liquitex Acrylic Paint.
Bijan Masoumpanah
117�0 Upland Way
Desert Hot Sprins�s,CA 922�fl
7fi0-28$-4150
wv4�v.s�� iobijan.com
b�,j an.�anahr{�verizon.net
Educatian: 1973-Studied graphic design at City of Landan Pol��technic London,UK.
1975-Studied calor phota�raphy&�,raphic design at Portlanci Carnmunity College,
Syivania Campus, Portland,OR
1975-Stutkied�raphic desi�n&graphic prodt�ction at Portfand State University,
Portland,OR. Invalved in�raphic desi�r�,layac�t&pre-prsss fc�r PSU
Dup3icating I?ept.
Graphics: 7979-Worked as an art directc�r at I'ianeer Nation,al Advertisin�.The work
invohred outde�or board design,ner�vspaper ads,ful] colar pasters�:
brochures for Internatianal Seeds&(3regan Ryegrass.
1980-Freelance desi�n,involved in a varieiy of jc�bs su�h as:�raphic desi�r►,
display,mural,photography&paint��g.
Gc�mn�issioned to do illustration for QMSI{Ore�;on Museunl of Science Institute)
to be used on vehicles for outreach pro�ram.
1994-Warksd as�,raphic artist at ldenti�raphics{label& signs manufacturin�)my
t�'ar�invc�lved:design,illustration&digital pre�ress(spot colc�rs&fu11 coicar seps.}
20fJ3-Design ads and literatures for Sim�c Gatleries
Murals: Worked an several mural prrsjects.Last project was completed at the�ity Hal9 in
Deser�Hot Springs on I��ay 2(112. See the portfc�tic�at www.st�di.ohijan.e�m.
V�'eb: 200t}-V►�arked at Bluehill,corn. 1�9y jt�i involved creatin�inia�es for the web,
banners,web sites design,c� l used pro�rams such as:
Adobe IlustraredlPhotoshop,Dreamweaver,Corel 9&GifConst�-ctctian Set.
Exhibits: 19$3-Interpretive display{1�9.t. St. Heiens)cQmrnissi�ned by:Gif�ord F'inchot
National Farest.
1988-Worked as grr�phic artist&itlust�-ato�-fc�r Color&�Design E�:hibit.
Work invcrlved:design,illustration,camera wock, screen printing,computer grapl�ics.
Projects:�ish&Wiidlife(Kilavea Point Nati�na( Wildlife Refu�e,Hawaii).
Wheat 1Vluseum{��Vheat 14iarl:etin�Asst�ciation,Por�land,QR.)Additic�na3fy:
Intel, Seciuent, Son of Heaven Exhibit,Tillamc3ok Cheese,
1991-Wark�cf as desi�ner c4c illustrator'at lensen Desi�n&Disptay.Work intiolv�d:
Design,itiustration& camputer grapi�ics. Pr�jects: U�Woc�d ['raducts Associalion
(display for use by U�Embassy in Es,�ypt),Boise C'asc��de,Coffee�Sean
International.
1�99-Worked as an Illustrator at Farrnations(a Museum desi�n company.)
Teachin�;: 20f37-2t308-V6'ot`ked as an art coach fc�r•Palm Sprin�s 1lnified Scho�1 D'astriet.
20�8-2010-Warking as Art teacher at Oak Grave Institute and Southwes Juvenile Nall
in Murri�t�Calitnrttia.
2(}09-Teaching art at Los An�eles Central Juvenile Ha�t.
Ai�ards: Jafco/�gc�n ""Rock Pix'" �'l�a�o Ct�ntest.PGE�c�nser�atic�n Billbaard Ccsnt�st.
Ko�lak Intemational Tlewspaper Snapshot Conlest.Letraset"Liberated Letters
Cantesi". Intemational Graphic IOth Anrival Art Competitian."I'ortland You Are
Tt�e Top" Pr�ster Cont�st.A�fa„Picture A�nerica"Cantest,Arts in t?re�an C�►uncil_
Unic�ue Ma�azine Phato Insider 4th Annua]�'hott�Cante�t, Pa1m Springs Art
Contest. 2006 IPA InternatiQnal Phot�agraphi�Award. 20�9�Vinner c�f Rancba
Mira�e Librar}�Design Contest, Best r�f Slio�y�inn�r at:Palm �prin�s Zt31'�
Cl�alk Pai�ntirj�Cc�ntest.
Contract No. C3XXXX
AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK
THIS AGREEMENT is entered into this 27th day of February 2014, 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, an�.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"), and pursuant to the City of Palm
Desert "Art In Public Places" program guidefines; 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 Artist to create an original work of art "Desert Bloom" ("the
Work") for the location on the southwest corner of 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.
N£3W, T�IEREFORE, the City and':the Artist, for the consideration and under
the conditions herein�ffer set forth, and pursuant to the authority, terms, and
conditions set forth in Chap.#er 4.10 of the Palm Desert Municipal Code, Ordinances
900 and 936; �.nd the City of 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.
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Contract No. C3XXXX
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" as Exhibit "A".
i. One copy of a written description and technical specifications of
the Work on 8.5" x 11" pages including the following information:
• Arlwork Description;
• Maferials description of fti�� paint and materia/s to be
used on the traffic signa!cai6inet;
• Year/y Maintenance� . and Conservation Instructions
Exhibit D;
• Work p/an and Production Schedule;
• Artist resume or curricu/um vitae;
• Other informatian about the Work as may be reasonably
required by the City and Gommission ir� 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 com'ply 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
d�cre�s�in the Artist's cost of, or time required for, performance of any
revisions pursu�nt to this Section 1-2. Any claim of the Artist for adjustment
ur�der this paragraph must be presented to the City in writing within fifteen
(15) tl�ys after the d�te of the revision by the Artist.
(d) Within thirty (3t3} days after receipt of the Artist's revisions, pursuant to
this Section 1'-2, th� �ity 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".
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Contract No. C3XXXX
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 th� �►rtist, it is agreed that the
Artist shall perform all of the obligations under this contract on or before May
31, 2014.
(c) The City and the Commission shall have the right to review the Work at
reasonable times during the fabri�ation.
(d) The Artist shall complete the fabrication, preparation,�nd 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
ct�nformity with the ProposaL
• " 2. If cha�ges.,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 INSTAL�A�`[E?N
(a) Within thirty (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.
(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.
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Contract No. C3XXXX
(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 m�intenance 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 Ci#y in writing whe�,a11 services required
under this Agreement have been completed in substantial conformity with this
Agreement.
(b) The City shall 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 LC1SS
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 liabilities then existing or
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Contract No. C3XXXX
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 Ciiy agrees that it will
notify the Artist of any proposed alt�ration of the Site that would require the
removal or relocation af; the Work ar affect the intended character and
appearance of the Work;ant�:will consult `with the Artist in the planning and
execution of any such remQval, relocation, or alteration and will make a
reasonable effQr�tc�:,maintain th� integrity Qf;the Worl�,
�9
ARTICLE 2: CQMPENSp►TIC?N AND F��YMENT SGH`EDULE
2-1 AGREEMENT AMOUN"�'AND PAYMENT
(a) The City s��all pay th�;Artist ar��amount not to exceed $750.00, which
will constitute full com�ensatiorr �ritl;payment for all services to be performed
under this Agreement in�luding execution, fabrication, artist and/or agent
travel, transportatian, and pre�aration and painting of placement of the Work.
Payment shall be made in accordance with Schedule included in Proposal.
Commencement of Fabrication
Fifty percent (50%� ($375.00) of the Commission shall be paid to the Artist
upon commencement of fabrication, as detailed in Proposal.
Completion/Delivery/Placement of the Work
Fiftv percent (50%) ($375.00) of the Commission shall be paid to the Artist
upon final completion of the painting of the Work.
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Contract No. C3XXXX
Final Acceptance
(b) All requests for payment shail 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 fci�afl m�iling or shipping charges on
submissions to the City, business license;��permit�f���and taxes, and the costs
of all travel by the Artist and the Art�st's agents and er�nployees 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) Th�t the Work, or a duplicate thereof, has not been accepted for sale
�elsewhe�r�; �nd � �� � � �
(e), The Work �s free and clear of any liens from any source whatsoever.
3-2 WQRRANTIES O�`QUALITY'AND CONDITION
The Ar�ist-represents �nd 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
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Contract No. C3XXXX
(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 prc�f�ssional standards including, for
example, cure by means of repair or. refiabrication a�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 ;Ac�r�ement, policies of insurance of the type and amounts
described below and in a form that is satisfactory to City, based on the
recommendatian of the City's Risk Manager.
Genera� Liability [t�sut`�rtcer: Artist shall maintain commercial general liability
insurance with cover�c�e at least as broad as Insurance Services Office form
CG 00 01, in an amoun�r�Qt less than $250,000 per occurrence, $1,000,000
general aggregate, for bodify injury, personal injury, and property damage,
including without limitation, blanket contractual liability, unless modified at the
discretion ofi 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
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Contract No. C3XXXX
showing proof of health insurance coverage that remains in effect for the
duration of this agreement.
OTHER PROVISIONS 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 terrn vf this contract. City reserves
the right to require complete, certif[ed copies of all required insurance
policies, at any time.
Duration of Coverape: Artist shall prcicure and maintain for the duration of the
contract, insurance against claims for .injuri�s to persons ar damages to
property, which may arise frc�rn.or in connec�ion with the performance of the
Work hereunder by Artist, his/her �gents, representatives, employees or sub-
consultants.
Citv's Riqhfis ofi Enfor�ement: Irt #h�. �vent any policy of insurance required
under this A�reement does not comply with these specifications or is
cancelfed and no�`-.;re��a��cff City has the right, but not the duty, to obtain the
insurance it deems"n��essary`antl any premium paid by City will be promptly
reimbursed by A�tist, or �ity will withhold amounts sufficient to pay premium
from Artist payments. In th� �[ternative, 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 Subroaation: 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,
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Contract No. C3XXXX
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 an� rights.hereunder.
Specifications Not Limiting: Requirement�s of spec[fi� coverage features or
limits contained in this Section are not intended as a�� �i�nitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a giuen coverage featur� 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 c�f coverage for each required coverage.
Additional Insured Status: General liability polices shall provide, or be
endc�rsed to provi�e, that the City of Palm Desert and its officers, officials,
employe�s, and ag�nts shall be additional insureds under such policies. This
provision shall also;apply to any excess liability policies.
Citv's Riaht 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
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Contract No. C3XXXX
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance
will not be considered to comply with these specifications unless approved by
City.
Timelv 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 shall also procure �nd maintain, at its own cost
and expense, any additional kinds of insurancer which in its own judgment
may be necessary for its proper protection and prasecution of the Work.
Indemnification: Artist shall indemnify, defend, and �rold harmless the City,
and its officers, employees, and agents ("City indemnitees"), from and against
any and all causes of action, claims, I��bilitie�,� obligations;� _j�udgments, or
damages, including reasc�nable legal counsels' fees and costs of litigation
("claims"), arising out of th� Artist's performance of its obligations under this
agreement or vut of the operations cortduc#ed by Artist, including the City's
active or pass�ve negli�ence, exc�pt:far�sucl� loss or damage arising from the
sole negligenc� or willful misconduct of the City.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Wc�rk and relat�d 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 he��of. 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 Contraet, 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.
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Contract No. C3XXXX
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 �ity shall contain a credit to the Artist.
5-5 CREDIT TO THE CITY
The Artist shall use his/h�r best effort to give�a credit in any public showing
under the Artist's control a� illustrafiic�ns of the V11ork as follows: "An original
�:.
work commissic�rted and own�d by the Ctt�of Palm Qesert, California."
ARTICLE 6: AFtTt�T'S RiGHTS
6-1 MAINTENANCE
The Gity shall r��t�nab�y �rotect antl maintain the Work against the ravages
of time, vandalism; a�d, the elemer�ts, in accord with the instructions of the
Artist provided in Exhibit "D". 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 Artist's career, two-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
11
Contract No. C3XXXX
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,f��tist�shall not be supervised by
any employee or official of the City nor shall the�A�tist:exercise supervision over any
employee or official of the City. The City alerts the Art�s�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 th�s 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 parry to this:Agreement shall willfully or negligently fail to fulfill, in a timely or
proper manner, or oth�rwise violate any of the covenants or agreements material to
this Agreem�nt, then the other party shall thereupon have the right to terminate this
Agreement b�v giving writter� notice to the defaulting party of its intent to terminate,
specifying the grounds foc termination. The defaulting parry shall have thirty (30)
days after receipt ofi 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
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Contract No. C3XXXX
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 ANALYST 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 handi��p.,;:
;,
ARTICLE 12: COMPLIANCE
The Artist shall be required to comply with all federal and State laws and City
statutes, ordinances, and regulations ap�l��able to the perform��►ce of the Artist's
services under this Agreement, including but nc�t Iirnited to, Chapter 4.10 of the Palm
Desert Municipal Code, Ordinanc�s 900 and 936, and the City of Palm Desert "Art in
Public Places" guidelines.
ARTICLE 13: ENTIRE�MCREEMENT' .
This writing em�c�di�s the en#ire agreem�rtfi �nd under�tanding between the parties
hereto, and there ar� no other agreement� or understandings, oral or written, with
reference to the subject rnatter h�re�f that �re not merged herein and superseded
hereby. ;
ARTICLE 14: MODIFICATION' '
No altern�,#iQn, change, amendmen�7 Qr 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.
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Contract No. C3XXXX
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 Artist's 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 all work performed to date of incapacity or death will be compensated.
Upon payment to compensate Artist or Artist's estate f�r 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. Hovuever, 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 Arti�#'s estate. Irt the ev�nt that City elects to proceed
with the completion of the Artwc�rk.and has obtained permission from the Artist, or
his/her estate, all remaining work fo be- completed,, in accordance with this
Agreement will be d�ket�a#ed to desigr�ated per�n�t as in Ez�ibit "C'.
ARTICLE 18: NQTICES
All notices, request�* deman�5, and oth�r communications which are required or
permitted to be given urtd�r,this Agreement s�all be in writing and shall be deemed
to haue been duly given u�or�: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.
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Contract No. C3XXXX
CITY OF PALM DESERT ARTIST
By:
VAN G. TANNER, MAYOR BIJAN MASOUMPANAH, ARTIST
ATTEST:
By: � ��
,\\ \\,
RACHELLE D. KLASSEN,
CITY CLERK
APPROVED AS TO FORM: �
�:
DAVID J. ERWIN,
CITY A7TORNEY ,
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Contract No. C3XXXX
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 cabinet located on the southwest corner
of Fred Waring Drive and College of the Desert.
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Contract No. C3XXXX
Exhibit "C": Designated Beneficiary of Artist in case of Death or Incapacity of
Artist
Please provide the Name, Address, and Phone Number of your designated
beneficiary.
��� �
��.
,� .
17
Contract No. C3XXXX
Exhibit "D": Maintenance Requirements and Procedures
Artist Name: Biian Masoumpanah
Please specify maintenance procedures or methods as to how you would like the
City to maintain the artwork titled "Desert Bloom" as presented by Artist Bijan
Masoumpanah.
Procedure of maintenance as described by Artist:
Artwork Title
Date
zf
h;,'."'„���
18
Design Proposal for the Traffic Signal Cabinet on the Southwest Corner
of Fred Waring Drive and College of the Desert