HomeMy WebLinkAbout4/3/2002 - STAFF REPORTS (5) DATE: April 3, 2002
TO: City Council
FROM: Arts Administrator via Director of Community and Economic Development
EXTEND DEADLINE FOR OPTION TO PURCHASE CHIHULY ARTWORK FOR THE
PALM SPRINGS INTERNATIONAL.AIRPORT
RECOMMENDATION:
That the City amend the contract between the City of Palm Springs and Chihuly,
Inc., a Washington Corporation, extending the deadline to July 1, 2002, for the
option to purchase two additional sculptures for placement around the interior
fountain in the Palm Springs; International Airport.
BACKGROUND:
The Public Arts Commission worked with the Airport Commission to provide world-
class artwork by internationally-known artist, Dale Chihuly, for the four pedestals
around the fountain in the new terminal of the Palm Springs International Airport.
Two pieces have been purchased and installed at cost of $150,000. These two
pieces were paid for with airport construction funds and public art funds. No general
fund money was used. The agreement provided an option to purchase the
remaining two pieces for an additional $150,000 with a deadline of December 26,
2001. The Arts Commission had planned to fund-raise to collect the additional
money to purchase the pieces by the December deadline. The events of
September 11, 2001 caused the fund-raising efforts to be put on hold. The
Commission now feels it is acceptable to resume the fund-raising activities and the
artist has graciously offered to extent the deadline for the option to purchase to July
1, 2002. An anonymous donor has offered $50,000 in matching funds once $50,000
is raised. A major fund-raising reception is planned for April 19, 2002. Approval of
the option-to-purchase extension will guarantee that the two pieces selected
specifically for the airport site remain available to the City while the fund-raising
efforts are continued.
Arts Administrato DireLtor of tommunty nd Economic D velopment
APPROVED: -'��" •°''�-G ''
City Manager /
Attachments:
1. Minute Order
2. Contract Amendment REVIEWED BY DEPT. OF FINANCE
Amendment#1
to Contract Services Agreement# 4266
with CH1HiJLY, INC. a Washington Corporation
for purchase and sale of public art work.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (#4266
herein "Agreement", is made and entered this 3rd day of April, 2002,by and between the City of
Palm Springs (herein"City"), a municipal corporation, and CHIHULY, INC., a Washington
Corporation(herein"Chihuly"), and amends that certain Agreement for contract services dated
December 26,2000 as amended,between the same parties, as follows:
NOW, THEREFORE, City and Chihuly, 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:
I. Section 1. Subsection 1.2 is modified to read as follows:
1.2 City's Option to]Purchase Macchia Set 3 and/or Macchia Set 4. City shall
have, in its sole and absolute discretion, the option to purchase Macchia
Set 3 and or Macchia Set 4. Chihuly agrees to retain Macchia Sets 3 and
4 for City's exclusive purchase until July 1, 2002. If City, before July 1,
2002 notifies Chihuly of its intent to purchase Macchia Set 3 and/or 4,
Chihuly shall install such Macchia Set(s)in accordance with the teens
and conditions of the Agreement. Payment for Macchia Sets 3 and 4 shall
be made in accordance with the terms of Exhibit D of the Agreement, If
City has not elected to purchase Macchia set 3 and/or Macchia Set 4, City
waives any and all claims or rights to exert control or ownership of such
Macchia Set(s)„
II. Except as otherwise provided, all other terms and conditions of the Agreement
shall remain as provided therein.
'3400"k4t*
IN WITNESS WHEREOF,the parties have executed and entered into this Amendment as of the
date stated above.
CFE HnY
Chihuly,Inc., a Washington Corporation
05-0346383 (Tax I.D. Number)
By:
Lise Ellner,Esq., General Counsel
By:
Dale Chihuly, its President
By:
Mary Kilimann, Comptroller
CITY OF PALM SPRINGS
a municipal corporation
ATTEST: By
City Manager
City Clerk
APPROVED AS TO FORM:
City Attorney
343
-2-
MINUTE ORDER
AMENDING THE CONTRACT BETWEEN THE CITY
OF PALM SPRINGS AND CHIHULY, INC., A
WASHINGTON CORPORATION, EXTENDING THE
DEADLINE TO JULY 1, 2002, FOR THE OPTION TO
PURCHASE TWO ADDITIONAL SCULPTURES FOR
PLACEMENT AROU ND THE INTERIOR FOUNTAIN IN
THE PALM SPRINGS INTERNATIONAL AIRPORT.
I HEREBY CERTIFY that the Minute Order amending the contract between the City
of Palm Springs and Chihuly, Inc., a Washington Corporation, extending the
deadline to July 1, 2002, for the; option to purchase two additional sculptures for
placement around the interior fountain in the Palm Springs International Airport was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 3`d day of April, 2002.