HomeMy WebLinkAbout11/26/2002 - STAFF REPORTS (10) DATE: November 20, 2002
TO: City Council
FROM: Arts Administrator via Director of Community and Economic Development
AGREEMENT: DESERT ACADEMY OF THE ARTS, TEMPORARY ARTWORK ON
CITY BENCHES.
RECOMMENDATION:
That the City Council authorize the City Manager to enter into an agreement between
the City and Desert Academy of the Arts for temporary artwork display on City
benches.
BACKGROUND:
Desert Academy of the Arts is a non-profit 501(c)(3) organization dedicated to providing
arts education and opportunities in the arts for Coachella Valley youth. The Academy
wishes to use City benches as the canvas, so-to-speak,for a temporary display of local
artists work. The Academy devised a paint-the-bench program for downtown Palm
Springs to stimulate tourism in Palm Springs, to provide students an opportunity to work
with professional artists, to generate funding for the Academy's after school arts
education program in the Palm Springs Unified School District, and to promote the talent
of outstanding local artists. The program will use up to 30 of the City's existing benches
for a temporary display of artwork painted by PSUSD students supervised by local
artists. The display will begin no sooner than November 28, 2002 and end no later than
April 30, 2003. The bench designs and location will be reviewed through the City's
regular approval process for display of public art. All benches will be maintained by the
Academy during the term of this agreement. Benches will be available for sale at the
end of the display period. The Academy will provide funding to the City for replacement
benches for those benches that are sold. The remaining benches will be returned to
their original condition at the end of the exhibit. This program provides a source of
revenue for Desert Academy of the Arts to provide art classes for PSUSD students.
There are no costs to the City for management or maintenance of this project.
Arts Administrator Director of Community Ond Economic Development
APPROVED:
City Managers
Attachments: 1. Minute Order
2, Agreement -jVoT P#?0vjbtb
AGREEMENT FOR COMMISSION
OF TEMPORARY PUBLIC ART WORK
THIS AGREEMENT FOR COMMISSION OF TEMPORARY PUBLIC ART WORK
("Agreement") is entered into this day of 2002, by and between
the CITY OF PALM SPRINGS, a chartered municipal corporation (the "City"), acting by and
through its Public Arts Commission (the "Commission") and DESERT ACADEMY OF THE
ARTS, (the "Academy").
RECITALS
A. The City is active in encouraging public art, including temporary art displays, for
the enjoyment and benefit of its citizens and visitors to the community.
B. The Academy submitted a proposal to the Commission for creation of a
temporary art work display in accordance with the specifications attached hereto as Exhibit "A"
and incorporated herein by reference (the "Proposal"). The Academy and the Proposal were
approved by the Commission on September 19, 2002 and reviewed by the City Council on
October 25, 2002 acting through the procedures duly adopted by the City and the Commission
for the design, execution, fabrication and installation of certain public art work (the "Work"), on
public benches in the downtown corridor located as more particularly depicted on Exhibit `B"
attached hereto (the "Site").
C. The Academy proposes to enter into contracts with different artists (the "Artist")
to create the work.
NOW, THEREFORE, the City and the Academy, for the consideration and under the
conditions hereinafter set forth, and pursuant to the authority, terms and conditions set forth in
Municipal Ordinance No. 1479, agree as follows:
1. Scope of Academy's Services.
1.1 Fabrication and Completion of Work of Art. The Academy shall contract
with the Artist to fabricate the Work or cause it to be fabricated on the Site, under the
Artist's personal supervision, in conformity with the Proposal. the Work shall not
deviate in size, design or material from the Proposal. The Academy is responsible for the
fabrication of the Work at the Site, and for all expenses associated with the fabrication of
such Work.
1.2 Consultations and Deviations from Proposal. The parties agree to
cooperate and consult closely during fabrication of the Work to complete the Work in
accordance with the Proposal. The Academy will present all designs and any subsequent
design changes to the Commission for its approval and acceptance prior to
commencement of work.
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1.3 Modifications. The City shall have the right, prior to the acceptance of the
Work, to request modifications to the Work.
1.4 Exhibition Time Period. The Work is anticipated to be on display for a
time period from a date beginning no earlier than November 28, 2002 through a date no
later than April 30, 2003 ("Exhibition Period").
1.5 Auction. No later than March 30, 2003 the Academy shall hold an auction
(the "Auction") for potential sale of the Work.
1.6 Replacement Benches. In the event any of the individual benches are sold
pursuant to the Auction, Academy shall notify City of the specific benches sold, and
provide replacement bench funds in the amount of SEVEN HUNDRED DOLLARS
($700.00) per bench. City will order replacement benches upon receipt of the
replacement bench funds. No bench shall be removed until a replacement bench is ready
to be installed. Academy shall provide at its cost for removal of sold benches and for
installation of replacement benches to the satisfaction of the City.
1.7 Restoration of Benches. Any bench which is not sold and replaced
pursuant to Sections 1.5 and 1.6 above shall be returned to its original condition by the
removal of the Work and refinishing and repainting with the paint specified by the City
no later than May 15, 2003.
2. Commencement and Performance of Work. The Academy shall continence the
fabrication of the Work upon the receipt of a written "Notice to Proceed" from the
Commission. The Work shall be completed in accordance with the Schedule of Performance
contained in the Proposal.
3. Indemnification. Academy agrees to indemnify the City, its officers, agents,
representative and employees against, and will hold and save them, and each of them, harmless
from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted
or claimed by any person, firm or entity arising out of or in cormection with he performance of
the Work, operations or activities of Artist, its agents, representatives, employees,
subcontractors, or invitees, provided for herein, or arising from the performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is
current passive or active negligence on the part of the City, its officers, agents, representatives
or employees, but excluding such claims or liabilities arising from the sole negligence or
willful misconduct of the City, its officers, agents, representatives or employees, who are
directly responsible to the City and farther excluding claims or liabilities accruing subsequent
to the final acceptance of the Work by the City provided that the obligations of Academy under
this Section shall continue with respect to any claims or liabilities caused by, resulting from or
cormected with a breach or failure of the warranty contained in Section 4.1 below. In
connection with the foregoing indemnity:
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3.1 Academy will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
3.2 Academy will promptly pay any judgment rendered against the City, its
officers, agents, representatives, or employees for any such claims and liabilities arising
out of or in connection with the performance of or failure to perform such Work,
operations or activities of Academy hereunder; and Academy agrees to save and hold the
City, its officers, agents, representatives and employees harmless therefrom;
3.3 In the event the City, its officers, agents, representatives, or employees are
made a party to any action or proceeding filed or prosecuted against Academy for such
damages or other claims arising out of or in connection with negligent performance of or
failure to perform the work, operation or activities of Academy hereunder, Academy
agrees to pay to the City, its officers, agents, representatives, or employees, any and all
costs and expenses incurred by the City, its officers, agents, representatives, or employees
in such action or proceeding, including, but not limited to, legal costs and attorneys' fees.
4. Academy's Warranties/Waivers.
4.1 Defects in Materials or Workmanship and Inherent Vice. The Academy
warrants that the Work will be free of defects in workmanship or materials, and that the
Academy will, at the Academy's own expense, remedy any defects due to faulty
workmanship or materials appearing over the term of the Exhibition. This warranty
includes any workmanship or materials which cause the Work to deteriorate over time in
a mamier inconsistent with its design, the approved plans and specifications or as would
otherwise be expected from products made of similar materials, or from any quality
within the materials which compromise Work which, either alone or in combination,
result in the tendency of the Work to deteriorate.
4.2 Unique. The Academy warrants that the Work is unique and no other such
artwork exists. The Work is the result of the artistic efforts of the subcontracted Artists
and not a replica of another artist's work in any way, shape or form.
4.3 Waiver. Due to the nature of the Work and the Site on which it is to be
placed and the public interest of the City, Academy shall ensure in its subcontract with
Artist that the Artist waives any and all rights they may have under the California Art
Preservation Act, as set forth in California Civil Code Section 987, as it may be amended
from time to time. Academy, through its contract with Artists, also agrees not 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 other similar provision.
A copy of the contract between Academy and Artist verifying these provisions shall be
provided to the City prior to commencement of any part of the Work.
5. Excuse or Suspension of Contractual Obligations Torce Majeure. The time
period(s) specified in the Proposal for performance of the services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable causes beyond the
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control and without the fault or negligence of the Academy, including, but not restricted to, acts
of God or of the public enemy, unusually severe weather, fires, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Academy
shall within ten (10) days of the commencement of such delay notify the Commission in
writing of the causes of the delay. The Commission shall ascertain the facts and the extent of
the delay, and extend the time for performing the services for the period of the enforced delay
when and if in the judgment of the Commission, such delay is justified. The Commission's
determination shall be final and conclusive upon the parties to this Agreement. In no event
shall Academy be entitled to recover damages against the City for any delay in the performance
of this Agreement, however, caused, Academy's sole remedy being extension of the Agreement
pursuant to this Section.
6. Default; Remedies.
6.1 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the defaulting party in writing of the breach and the facts giving
rise thereto. The injured party shall continue performing its obligations hereunder so
long as the defaulting party commences to cure such default within three (3) days of
service of such notice and completes the cure of such default within thirty (30) days after
service of the notice, or such longer period as may be permitted by the injured party;
provided that if the default is an immediate danger to the health, safety and general
welfare, such immediate action may be necessary. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for cause and
to any legal action, and such compliance shall not be a waiver of any party's right to take
legal action in the event that the dispute is not cured.
6,2 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default concerning the
same or any other provision of this Agreement.
6.3 Rights and Remedies. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties hereunder are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
6.4 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
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6.5 Termination for Default of Academy, The City shall have the right to
terminate this Agreement for cause upon any material breach by Academy, subject to the
requirements of Section 6.1 above. In such event, City may after compliance with the
provisions of Section 6.1 above, take over the Work and prosecute the same to
completion by contract or otherwise. Alternatively, City may decide not to go forward
with the Work and order removal of any incomplete portions of the Work from the Site.
6.6 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or is made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other
relief which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees. Attorneys' fees shall include attorneys' fees on appeal, and in addition, a
party entitled to attorneys' fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation, at trial and on appeal. All such fees
shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action or proceeding is prosecuted to judgment.
7. hisurance. The Academy shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, during the entire term of this Agreement, including
any extension thereof, the following policies of insurance:
7.1 Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than
ONE MILLION DOLLARS ($1,000,000.00) combined single limit.
7.2 Workers' Compensation Insurance. A policy of workers' compensation
insurance in such amount as will fully comply with laws of the State of California and
which shall indemnify, insure and provide legal defense for both the Artist and the City
against any loss, claim or damage arising from any injuries or occupational diseases
occurring to any worker employed by or any persons retained by the Artist in the course
of carrying out the Work or services contemplated in this Agreement. If the Artist has no
employees, s defined in California Labor Code Sections 3350, et seq. and the Artist
submits a letter to the City Risk Manager so stating, this provision may be waived.
73 Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily
injury liability limits of TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000.00) per person and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
per occurrence and property damage liability limits of ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) per occurrence and two hundred fifty thousand dollars
($250,000.00) in the aggregate, (ii) combined single limit liability of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00), or (iii) limits as set by the City Risk Manager.
Said policy shall include coverage for owned, non-owned, leased and hired cars.
All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and agents as additional insureds. The insurer shall
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waive all rights of subrogation and contribution it may have against the City, its officers,
representatives, employees and agents and their respective insurers. All of said policies
of insurance shall provide that said insurance may not be amended or canceled without
providing thirty (30) days' prior written notice by registered mail to the City. The
cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTCE TO THE
CERTIFICATE HOLDER NAME TO THE LEFT". In the event any of said policies of
insurance are canceled, the Artist shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Section to the Commission. No work or
services under this Agreement shall commence until the Artist has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
The policies of insurance required by this Agreement shall be satisfactory only if
issued by companies qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register,
and only if they are of a financial category Class VII or better, unless such requirements
are waived by the City Risk Manager due to unique circumstances.
It is expressly agreed that due to changes in law and conditions prevailing in the
insurance market, the need may arise to change insurance coverage during the life of this
Agreement. In the event the City Risk Manager determines that the Work or services to
be performed under this Agreement creates an increased or decreased risk of loss to the
City, the Artist agrees that the minimum limits of the insurance policies required by this
Section may be changed accordingly upon receipt of written notice from the City Risk
Manager; provided that the Artist shall have the right to appeal a determination of
increased coverage of the City Risk Manager to the City Council of City within ten (10)
days of receipt of notice from the City Risk Manager.
8. Ownership of Work/Copyright.
8.1 Release of Ownership Rights. Academy recognizes and shall provide in
its contract with Artist that Artist agrees that all right, title and interest in the Work shall
be in the Academy but that it is subject to destruction at any time at the sole discretion of
the City if the City determines that removal of the Work from the Site is in the City's best
interest.
8.2 Reproductions. The City shall have the right to make, and to authorize the
making of, photographs and other reproductions of the Work for educational, public
relations, arts promotional and other commercial and non-commercial purposes.
Academy shall have no rights to receive any royalties in relation to any reproductions.
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9. Credits to Work.
9.1 Label. A label identifying the name of the Sponsor Artist, the title of the
Work, and the year it is completed shall be publicly displayed on the bench in a
conspicuous location. Label size shall not exceed 4"x 8".
9.2 Artist's Credit. The City agrees that unless the Artist requests to the
contrary in writing, all references to the Work and all reproductions of the Work shall
credit the Work to the Artist.
9.3 City's Credit. The Artist agrees that all formal references to the Work
shall include the following credit line: "From the Collection of the City of Palm Springs."
10. Maintenance. Maintenance of all benches comprising the Site shall be the
responsibility of Academy. This includes general cleaning of the benches, removal of graffiti,
touch up of paint as needed and any other necessary treatment to maintain the artwork on the
benches in excellent condition. If Academy fails to make necessary repairs or cleaning within
5 days of written notice by the City, the City may make such improvements as are necessary
and will charge Academy for City personnel time at the rate of$30.00 per hour, plus expenses
for materials.
11. Compensation. This project provides no compensation from the City to the
Academy. This temporary artwork display using City benches is a fimd-raising project for the
Academy.
12. Design Approval by the City. The Public Arts Commission shall review all
artwork for approval. The Design Criteria shall be as stated in the Bench Project Request for
Proposals herein included as Exhibit C and shall include the following requirements and
limitations: (i) bench designs may not expand the bench in any direction; (ii) Artists may only
apply paint to the benches; (iii) no textures or other added structural materials of any kind; and
(iv) number of benches to be painted is limited to no more than thirty (30). The Arts
Commission shall approve the wording on any plaques applied to the benches and the size and
placement of the plaques. The plaque may include the name of the Artist, the name of the
artwork and the sponsor of the bench. The Planning Commission shall also review and approve
the designs and bench locations.
13. Reputation.
13.1 City's Commitment. The City agrees that it will not use the Work or the
Artist's name in a way which reflects discredit on the Work or on the name of the Artist
or on the reputation of the Artist as an artist.
13.2 Artist's Commitment. The Artist agrees that Artist will not make
reference to the Work or reproduce the Work or any portion thereof in a way which
reflects discredit on the City of the Work.
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14. No Assignment or Transfer. The Academy shall subcontract with each Artist by a
contract that shall be approved by City. The Academy shall not voluntarily or involuntarily
assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this
Agreement or any of the Work to be performed hereunder without the express written consent
of the City, which consent may be withheld in the City's sole and absolute discretion. In the
event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall
be void. No approved transfer shall release the Academy from any liability hereunder without
the express consent of the City.
15. Academy as Independent Contractor.
15.1 Neither the City nor any of its employees hall have any control over the
manner, mode or means by which Academy, Artist, its agents or employees, perform the
services required herein, except as otherwise set forth herein. City shall have no voice in
the selection, discharge, supervision or control of Academy's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service.
Academy shall perform all services required herein as an independent contractor of City
and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Academy shall not at any time or in any
mariner represent that it or any of its agents or employees are agents or employees of the
City. City shall not in any way or for any purpose become or be deemed to be a partner
of Academy in its business or otherwise or a joint venture or a member of any joint
enterprise with Artist.
15.2 The City and the Commission may require the Academy to make such
revisions to the Proposed Work as are necessary for the Work to comply with applicable
statutes, ordinance or regulations governing the project.
16. Conflict of Interest. No officer, representative or employee of the City shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer,
representative or employee participate in any decision relating to the Agreement which effects
his or her financial interest or the financial interest of any corporation, limited liability
company, partnership or association in which he or she is, directly or indirectly, interested, in
violation of any Federal or California statute or regulation. The Academy warrants that it has
not paid or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
17. Covenant Against Discrimination. Academy covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming Under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement, Artist shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin, or ancestry.
18. Amendments. No modification or amendment of the terms of this Agreement
shall be effective unless written and signed by authorized representatives of the parties hereto.
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19. Governing Law. This Agreement and all matters pertaining thereto shall be
construed according to the laws of the State of California.
20. Licenses, Permits and Fees. Academy shall obtain at its sole cost and expense
such licenses, permits and approvals as may be required by law for the performance of the
services required by this Agreement. Except as specified below, Academy shall have the sole
obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the Academy's performances
of the services required by this Agreement, and shall indemnify, defend and hold harmless City
against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
against City hereunder. Any permits required for landscaping and installation of Work on City
property shall be obtained by the City at the City's sole cost and expense, and Academy shall
provide any information necessary to obtain such permits.
21. Further Responsibilities of the Parties. Both parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all documents and take all actions as may
be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the services of the other.
22. Commission. The Commission shall be the City's designated representative with
respect to this Agreement. It shall be the Academy's responsibility to assure that the
Commission is kept informed of the progress of the Work and the Academy shall refer any
decision which must be made by the City to the Commission. Unless otherwise specified
herein, any approval of the City required hereunder shall mean the approval of the
Commission. Except as otherwise directed by the City Council, the Commission shall have the
authority to give any approvals or consents required hereunder and to otherwise act on behalf
of the City in order to cant'out the terms of this Agreement.
23. Notices. Any notice which either parry may desire to give to the other party under
this Agreement roust be in writing and may be given by personal delivery or by mailing the
same by registered or certified mail, return receipt requested, to the party to whom the notice is
directed at the address of such party hereinafter set forth, or such other address and to such
other persons as the parties may hereafter designate:
To Academy: Jayne Beh man
487 Camino del Sur
Palm Springs, CA 92262
To Commission: City of Palm Springs
Public Arts Commission
P.O. Box 2743
Palm Springs, California 92263-2743
Attn: Ms. Diane Morgan
(760) 778-8408
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Copy to: Burke, Williams & Sorensen, LLP
18301 Von Karman Avenue
Suite 1050
Irvine, California 92612-1009
Attn: David J. Aleshire, Esq.
A change in the designation of the person or address to which submittals,
requests, notices or reports shall be delivered is effective when the other party has
received notice of the change by certified mail.
24. Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties hereto,
notwithstanding that all parties are not signatories to the original on the same counterpart.
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first above written.
ACADEMY
By:
CITY OF PALM SPRINGS, a chartered municipal
corporation
By:
David H. Ready, City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
By:
David J. Aleshire, Esq.
City Attorney
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EXHIBIT "A"
PROPOSAL
SEE ATTACHED
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Palm
Springs Street Art
Bench Project
H
H
H
Presented by
Desert Academy of the Arts
A non-profit 5 01 c3 organization
c
� 9i25i2002 i
Program obj ectives
• Promote tourism in Palm Springs by creating
a unique environment of art.
• Provide students an opportunity to work
along side professional artists.
�m
H
y
• Create funding for after school arts education l
in the Palm Springs Unified School District
(PSUSD) elementary school system.
• Promote the talent of Palm Springs ' most
outstanding local artists.
9/25/2002 2
Action
• Enhance 3 0+ current city benches to
be ready for the prime tourists months
of January through April 2003 .
• Promote sale of the benches, at the
end of the showing, to provide new
benches for the city and funding for
the PSUSD after school arts education
program.
9/25/2002 3
Action cont '
• Encourage businesses and organizations to
sponsor the benches. This will provide the
following :
— Sponsorship $ 1800
H
H
• $500 Artist Stipend �a
• $ 150 Artist Materials
• $200 Primer and Graffiti Coating
• $200 Reserve for restoration
• $750 after school arts program
l 9/25/2002 4
What we need to proceed
• City Approval.
• Any necessary permits .
H
IGC
H
• Artist designs .
• Approval of designs by Art Commission.
• Sponsorships .
9/25/2002 5
Benefits
• Will emphasize the image of Palm
Springs as an artistic village and
encourage tourism.
x
H
• Will enhance arts education for our y
students, but not add expense to the
city ' s budget.
• Will bring art buyers and art
enthusiasts into Palm Springs .
d 9/25/2002 6
ART MATTERS
We , the board of Desert Academy of the
Arts , a non-profit corporation , ask for
your support to help us achieve this
positive program .
This benefits our City, our local
program Y�
businesses , tourism , our students , and
our local artists .
WE ALL WIN !
9/25/2002 7
JEANNE REM, R-SPURGIN R.N.
-' l"z MAYOR PRO TEM
City of Palm Springs
oan�ec - 3200 E.Tahquitz Canyon Way Tel: (760) 323-8202
P.O. Box 2743 Fax:(760) 323-8207
Palm Springs, CA 92263-2743 TDD: (760) 864-9527
www.ci.palm-springs.ca.us JeanneRS@ci.palm-springs.ca.us
td
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9/25/2002 8
Palm Springs 15ureau of Tourism
July 11,2002
To Whom It May Concern:
I am writing this letter on behalf of Jane Behman and her dedication to the bench project
here in Palm Springs.
Jane approached us with the bench project about one month ago and has been
instnmrental in aggressively pursing the project. A beautiful bench was placed on our
street close to the Palm Springs Bureau of Tourism Visitors Center a week ago and we
are very pleased with the results. H
Etl
The bench adds excitement,color and variety to Pahn Canyon. In addition,it has become y
a conversation piece for many visitors inquiring about it. I would also like to add how
important the project is is assisting future artists as well as promoting Palm Springs as a -
destinauum
We support Jane and her effort to implement this bench project in Palm Springs and we
hope you will do the same.
Sincerely,
c
Denise C.Jacobs
Manager
Palm Springs Bureau of Tourism
Visitors Center
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9/25/2002 777N rim canyonDm=,5.itc 201,r.65p,inge,CA92262 9
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EXHIBIT `B"
LOCATION OF BENCHES
TO BE SUBMITTED
IRV 426024 vl B-1
EXHIBIT "C"
DESIGN GUIDELINES
DESIGN CRITERIA:
There is no theme. Designs may include a motif to identify a
particular business.
1. Designs may not represent a single group or exclude a single
group in a negative manner.
2. Designs may not contain offensive language, advertising, or
nudity.
3. Designs must incorporate all visual portions of the bench:
front, back, sides, and top. The underside of the bench will
not be treated.
4. Design shall include no advertising.
5. Materials used must be sturdy and heat-tolerant.
6. Palate is limited to eight colors that include black and white.
7. Benches shall be final coated with a finish for durability and
to protect against graffiti. This coating is provided to you by
the project producer.
IRV#26024 v1 C+-1
MINUTE ORDER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY AND DESERT
ACADEMY OF THE ARTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE DISPLAY OF
TEMPORARY ARTWORK TO BE PAINTED ON CITY
BENCHES IN THE DOWNTOWN AREA, AT NO COST TO
THE CITY.
I HEREBY CERTIFY that the Minute Order approving the Agreement between the City and
Desert Academy of the Arts, in a form acceptable to the City Attorney, for the display of
temporary artwork to be painted on City benches in the downtown area, at no cost to the
City, was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 201h day of November, 2002.
lb /�