HomeMy WebLinkAboutA8659 - PALM SPRING CHAMBER OF COMMERCECity 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.paimspringsca.gov
December 16, 2020
Palm Springs Chamber of Commerce
190 W. Amado Road
Palm Springs, CA 92262
RE: Agreement for Public Bench Artwork in the Downtown Area (Phase Three)
Dear Ms. Watson,
This letter Agreement will set forth the scope of work, terms, and conditions for the Public Bench
Artwork Project Phase III ("Project") in Downtown Palm Springs.
The scope of services includes the design and painting of twenty-five (25) City -owned public benches
on Palm Canyon Drive and Indian Canyon Drive from Ramon Road north to Tahquitz Canyon Way, as
shown in Attachment A. The Palm Springs Chamber of Commerce ("Chamber") and the City's Public
Arts Commission shall select artists for each bench and will preapprove the design and content of each
bench artwork. In the event that an artwork does not substantially conform with what was previously
approved, the Chamber 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.
Chamber will be compensated by the City in the total amount of $30,000, for the following:
25 benches on Palm Canyon Drive and Indian Canyon Drive
from Ramon Road north to Tahquitz Canyon Way
• 25 benches @ $1,000 each $25,000
• Materials (paint, sealant) $ 3,000
• Project oversight by Tysen Knight $ 2,000
The City will pay the Chamber $15,000 upfront and $15,000 when the Project is complete.
55575.18240\33011843 1
Palm Springs Chamber of Commerce
December 16, 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 skateboard guards
are installed.
The Chamber is to complete the Project within three (3) months following execution of this agreement.
Each artist that the Chamber 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.
The Chamber is required to comply with the City's insurance and liability requirements.
The Chamber's relationship with City is strictly that of an independent contractor, and not as an agent
or an employee of City. The Chamber 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 the Chamber's contributions to our community. We look forward to
working with you in our joint efforts to continually enhance the City's Downtown.
PALM SPRINGS CHAMBER OF COMMERCE
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CITY OF PALM SPRINGS
David H. Ready, Cit ger
Approved as to form:
Jeff Ballinger, City Attorney
Attest:
APPROVED E3`f C':'t '
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4rAnthony Mejia, City Clerk
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ARTIST AGREEMENT
This ARTIST AGREEMENT ("Agreement") is entered into as of 3, 2029`1
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:
I � 2
Date: ( I
APPROVED AS TO FORM:
By:
Jeffrey Ballinger
City Attorney
APPROVEC E3Y CCY COUNCIL
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"CITY"
City of Palm Springs
By:
David H. Ready, E
City Manager
ATTEST
By:
Anthony Mejia
1�;�City Clerk
55575.18240\33011843 2