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HomeMy WebLinkAbout1OCITY COUNCIL STAFF REPORT DATE: JANUARY 13, 2022 CONSENT CALENDAR SUBJECT: AMENDMENT NO. 1 TO AGREEMENT WITH TYSEN KNIGHT PRODUCTIONS FOR REPAIRS AND MAINTENANCE SERVICES OF PUBLIC ARTS PROJECTS FROM: Justin Clifton, City Manager BY: Community & Economic Development Department ______________________________________________________________________ SUMMARY: This action approves Amendment No. 1 to the agreement with Tysen Knight Productions (Agreement) for repair and maintenance services for Public Arts projects, as recommended by the Public Arts Commission. This amendment will extend the agreement to June 30, 2022, for an additional amount not to exceed $5,000 and brings the total contract amount to $10,000. RECOMMENDATION: Approve Amendment No. 1 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $10,000. BACKGROUND: At their meeting of January 15, 2020, the City’s Public Arts Commission approved a Community Grant program for neighborhood associations and business districts. As part of that grant program, the Commission approved a pilot program for a Public Bench Art project in Downtown. The pilot program began in June 2020 and included the painting of City-owned public benches on North Palm Canyon Drive between Alejo Road and Andreas Road. The program was later expanded to include additional benches, for a total of approximately 50 City-owned public benches being painted as part of the Bench Art Project. To maintain and repair Public Bench Art pieces, the Public Arts Commission approved an agreement with Tysen Knight in the amount of $5,000 for maintenance of and repairs to completed Public Arts projects through December 31, 2021. Under the terms of the Item 1O - 1 City Council Staff Report January 13, 2022 – Page 2 Amend Tysen Knight Art Maintenance Agreement agreement, Tysen Knight repairs damage and graffiti to City benches painted as part of the Arts Commission’s Downtown Bench Art Program, as well as repair damage and graffiti to the Commission’s “Stop in the Name of Love” electrical utility box art project on an as-needed basis. STAFF ANALYSIS: The Public Arts Commission is requesting the Agreement with Tysen Knight be extended to June 30, 2022, for an additional amount not to exceed $5,000, bringing the total contract amount to $10,000. Tysen Knight has provided artistic services to the Public Arts Commission since 2019, when he completed the first pilot project of ten painted benches in the City’s downtown, and subsequently has consulted on all three phases of the recently completed Bench Art Project. Due to the numerous occurrences of vandalism (graffiti and other damage) to the downtown benches and other public art, Mr. Knight has been utilized on an “on-call” basis to perform various repairs. This agreement will allow Mr. Knight to respond quickly to vandalism issues and ensure that the public art is restored. FISCAL IMPACT: Amendment No. 1 is for an additional six-month term ending June 30, 2022, in the amount of $5,000. Sufficient funding is available in the Public Arts Fund, Fund 150. REVIEWED BY: Department Director: Jay Virata City Manager: Justin Clifton ATTACHMENTS: 1.Amendment No. 1. Item 1O - 2 ) . FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT For Public Art Maintenance and Service (Tysen Knight Productions) THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT (“Amendment") is made by and between Tysen Knight Productions “Contractor” and CITY OF PALM SPRINGS, a California charter city and a municipal corporation ("City"), effective January 1, 2022, and amends that certain Contract Services Agreement dated as of July 1, 2021, by and between Contractor and City ("Agreement'). All terms defined in the Agreement shall have the same meaning when used herein. RECITALS A.Contractor has agreed to provide to City and City has agreed to purchase from Contractor the Services which are the subject of the Agreement. B.Contractor and City now mutually desire to amend the Agreement as set forth below. NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Contractor and City mutually agree to amend the Agreement as follows: AGREEMENT 1.Section 3.1 of the Agreement shall be replaced in its entirety and amended toread as follows: 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $10,000. 2.Section 4.4 of the Agreement shall be replaced in its entirety and amended toread as follows: 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve months, commencing on July 1, 2021, and ending on July 30, 2022, unless extended by mutual written agreement of the Parties. Item 1O - 3 3.Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. [End – Signatures on Next Page] Item 1O - 4 IN WITNESS WHEREOF, Contractor and City have executed this Amendment as of the date first written above. “CITY” City of Palm Springs Date: __________________________ By: _______________________________ Justin Clifton City Manager APPROVED AS TO FORM: ATTEST By: ___________________________ By: _______________________________ Jeff Ballinger, Anthony Mejia City Attorney City Clerk “CONTRACTOR” Tysen Knight Productions Date: __________________________ By: ______________________________ Tysen Knight Item 1O - 5