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Home My WebLink AboutA8571 - AGREEMENT FOR PUBLIC BENCH ARTWORK IN THE DOWNTOWN AREA WITH MAIN STREET PALM SPRINGSO� �pLM S c'Q[ /FORa�P August 18, 2020 City of Palm Springs Office of the City Manager 3200 E. Tahquitz Canyon Way - Palm Springs, California 92262 Tel: (760) 322-8362 - Fax: (760) 323-8207 - Web: www.palmspringsca.gov Main Street Palm Springs 268 North Palm Canyon Drive Palm Springs, CA 92262 RE: Agreement for Public Bench Artwork in the Downtown Area (Phase Two) Dear Ms. Meredith, This Letter Agreement will set forth the scope of work, terms, and conditions for the Public Bench Artwork Project Phase 2 ("Project") in Downtown Palm Springs. The scope of services includes the design and painting of sixteen (16) City -owned public benches on North Palm Canyon Drive between Alejo Road and Tachevah Drive. Main Street Palm Springs ("Main Street") and the City's Public Arts Commission shall select artists for each bench and will preapprove the design and content of each artwork. In the event that an artwork does not substantially conform with what was previously approved, Main Street shall cause the bench to be repainted in conformance with the preapproved plans; otherwise, the City shall be entitled to terminate this agreement and seek available remedies. Main Street will be compensated by the City in the total amount of $20,000, for the following: 16 benches on N. Palm Canyon Between Alejo Road and Tachevah Drive • 16 benches, artists as selected, @ $1,000 $16,000 • Materials (paint, sealant) $ 2,000 • Project oversight by Tysen Knight $ 2,000 The City will pay Main Street $10,000 upfront and $10,000 when the Project is complete. 55575.18240\33011843.2 Joy Meredith August 18, 2020 Page 2 The Project will be supervised by Tysen Knight, who painted the first set of benches in the City. Mr. Knight will ensure that proper materials are used, protective coating is applied, and skate board guards are installed. Main Street is to complete the Project within three (3) months following execution of this agreement. Each artist that Main Street commissions to complete its portion of this Project shall first enter into an Artist agreement with the City; a copy of which is attached hereto. Main Street is required to comply with the City's insurance and liability requirements. Main Street's relationship with City is strictly that of an independent contractor, and not as an agent or an employee of City. Main Street will not obtain rights to any benefits that accrue to City employees and expressly waives any claim it may have to any such rights. The City will maintain ownership of all Project benches after they are painted and shall have all rights to reproduce the artwork and/or move, relocate, re -paint, or remove the painted benches from their location and to store or dispose of the painted benches as the City deems appropriate. The City deeply appreciates Main Street's contributions to our community. We look forward to working with you in our joint efforts to continually enhance the City's Downtown. MAIN STREET Ei 9-"7 �- 55575.18240\33011843.2 CITY OF PALM SPRINGS David H. Ready, City M Approved as to form: Je rey S. 13a1 inger, City Attorney Not To Exceed $e��. Without The Express Written Authorization Of The City Manager. APPROVED BY Crrf MANAGER " .A$5 -7 l . Cl) 12 c N o fatv �st.z�Lu�Z "4, �fP°ql Jess �� j OPBUIV tH PPb Ui°'I Pin z� Main Street Art Benches Top 16 Votes #42 KAT GADDIS-TREVENO (SIDES) #7 EMELINE TATE-ROBINSON IO A 86NC ^N 'OWN 4 WA WC E w 0,4 L. O 0 akMr..%L -4 MVN& . All A . 6 - Y S O& IL svR/N6 BOVE TMlL Pkx-ws #17 JESSYCA FREDERICK #30 PAUL KOLE PAI:Gr�' P R $ �: ALMspit ON PALM S P R 9 PR a A L 0 P A Z- LCPVM PALM-SPit IWe-.!`L'QVE S L0vEPALMSPR i N 6 S L 0 V LMI !NG #4 BRETT STEVENS TOP OF BENCH BRETT STEVENS ART #41 JAMES GALLUCCI r�---�.,.i �- LJLJ #9 FRANK LEMUS #38 TIM LEARY Y #40 WALLACE COVARD #23 MARK JOHNSON ``hAre"" A Si4 rit0POSO4j. 6 koe MAR it Lar..dlw VP- p Runner Ups #19 Katie Campbell #11 Hillary Heart 5Y Re No qr No matter how St npt histp a tr4 a fora per can prE ed trq ry 4n istOr �n go the ho n u ,her St�p�15 do 4��rsiv fomep� �nr��ern still woY fond e l _ u 4� a rsion ythi that iVan b wKedtil it is hang [�. James g MU^Othinica t had a �l. martiiherKing j� .1 trothers of Dese J -1 � 4 -A., a P e ' I1- ii� r . BALM Sp °} - City of Palm Springs Office of the City Manager 3200 E. Taliquitz Canyon Way • Palm Springs, California 92262 '1F0 Tel: (760) 322-8362 • Pax: (760) 323-8207 • Web: www.palmspringsca.gov June 17, 2020 Main Street Palm Springs 268 North Palm Canyon Drive Palm Springs, CA 92262 RE: Agreement for Public Bench Artwork in the Downtown Area Dear Ms. Meredith, This Letter Agreement will set forth the scope of work, terms, and conditions for the Public Bench Artwork Project ("Project") in Downtown Palm Springs. The scope of services includes the design and ai ting of ten City-owned public benches on North Palm Canyon Drive between Alejo Road a r Road. Main Street.Palm Springs ("Main Street") and the City's Public Arts Commission shall select artists for each bench and will preapprove the design and content of each artwork. In the event that an .artwork does not substantially conform with what was previously approved, Main Street shall cause the bench to be repainted in conformance with the preapproved plans; otherwise, the City shall be entitled to terminate this agreement and seek available remedies. Main Street will be compensated by the City in the total amount of$12,500, for the following: 10 benches on N. Palm Canyon North and South of Amado Andreas North to Lighthouse building • 1 bench with back $1,500 • 9 benches, artists as selected, @'$1,000 $9,000 • Materials (paint, skate board guards) $1,000 o Project oversight by Tysen Knight $1,000 The City will pay Main Street $6,500 upfront and'$6,000 when the Project is complete. 55575.18240133Oil 843.2 Joy Meredith June 17,2020 Page 2 The Project will be supervised by Tysen Knight, who painted the first set of benches in the City. Mr. Knight will ensure that proper materials are used, protective coating is.applied, and skate board guards are installed. Main Street is to complete the Project within three (3) months following execution of this agreement. Each artist that Main Street commissions to complete its portion of this Project shall first enter into an Artist agreement with the City; a copy of which is attached hereto. Main Street is required to comply with the City Is insurance and liability requirements. Main Street's relationship with City is strictly that of an independent contractor, and not as an agent or an employee of City. Main Street will not obtain rights to any benefits that accrue to City employees and expressly waives any claim it may have to any such rights. The City will maintain ownership of all Project benches after they are painted and shall have all rights to reproduce the artwork and/or move, relocate, re-paint, or remove the painted benches from their location and to store or dispose of the painted benches as the City deems appropriate. The City deeply appreciates Main Street's contributions to our community. We look forward to working with you in our joint efforts to continually enhance the City's Downtown. MAIN STREET CITY OF PALM SPRINGS Joy Me e i David H. Ready, City ger Approved as to form: ATTEST: ��// �G ity Jeffrey S'Barger, City Attorney 55575.18203301 isas.z APPROVED By CITY MANAGER ARTIST AGREEMENT This ARTIST AGREEMENT ('Agreement") is entered into,as of 2020 by and between the CITY OF PALM SPRINGS, a California charter city ("City"), and ("Artist"). Artist hereby grants a royalty free license in perpetuity, to the City, its employees and its agents, to make reproductions, photographs and other non-exact reproductions of the Artwork for both commercial and non-commercial,purposes. Due to the nature of the Artwork and the public interest of the City, Artist and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have against the City, and its employees, and its agents, under the California Art Preservation Act, as set forth in California Civil Code Section 987,and any similar laws, such as the Federal Visual Rights Act, if applicable. The Artist, his/her agents, heirs, successors and assigns also agree to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989 or any similar law, if applicable. IN WITNESS WHEREOF,the parties have entered into this Agreement as of the date first above written. "ARTIST" Date: City of Palm Springs Date: By: David H. Ready, Esq., Ph.D. City Manager APPROVED AS TO FORM: ATTEST By: By: Jeffreyr Ballinger Anthony Mejia City Attorney City Clerk 55575.18240\33011843.2 ' FAIN STREET 0 OOWNTOWN(j UPTOWN ausiur.SS ASSOCIATION Main Street Bench Project This project is part of the Community Public Art grant program which was approved by the Public Arts Commission on February 19,2020. The program makes funds,available to neighborhood associations or business districts for art installations selected and manage by the community group. The purpose is to engage the community in public art,while providing work for artists. In this case,we hope to contribute to the re-opening of Downtown Palm Springs. The Main Street Bench project was created by Main Street Palm Springs,with the assistance of Public Arts Commissioner Russell Pritchard. Budget: 10 benches on N.Palm Canyon _ North and South-of Amado Andreas north to Lighthouse building 1 bench with back $1500 9 benches,artists as selected,@1000 $9000 Materials(paint,skate board guards): $1000 Project oversight by Tysen Knight $1000 Total: $12,500 - Payment to Main Street Palm Springs: $6500deposit immediately $6000 upon completion Please make check payable to Main Street Palm.Springs,268 NPalm Canyon Drive,Palm Springs i Approved for payment: Lr to -� , �- June 16,2020 Main Street Bench Project—Map and selected designs I - - z Ir.n ® s w o k 11 ;i k � - i r 1( a 1 Lf— 11