CAC 10 10 2002Tjht 4 4 Q"
CULTURAL ARTS COMMISSION AGENDA
La Quinta Civic Center Study Session Room
78-495 Calle Tampico - La Quinta, CA 92253
10 October 2002
7:00 PM
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. PUBLIC COMMENT
The Chair reserves the right to limit discussion on any topic to five minutes or less.
III. CONFIRMATION OF AGENDA
Corrections, deletions or reorganization of the agenda.
IV. CONSENT CALENDAR
A. Financial Report for September
B. Approval of Minutes of 12 September, 2002
C. Department Report for August, 2002
V. PUBLIC HEARING
VI. BUSINESS ITEMS
A. Artist Partnership Day
B. Civic Center Campus Dedication - Event Planning
C. Cultural Arts Commission Spring Event
D. De Martino Art Piece Modification Agreement
E. Bruce Thomas Art Work
VII. CORRESPONDENCE AND WRITTEN MATERIALS
A. Point Happy Dedication - Verbal Report
VIII. COMMISSIONER ITEMS
IX. ADJOURNMENT
NEXT MEETING INFORMATION
14 November 2002 7:00 PM
La Quinta Civic Center Study Session Room
SACommunity Services\CAComm\AGN. 10. 1 0.02.wpd
IV. CONSENT CALENDAR A.
City of La Quinta
Recap Arts in Public Places
Available Funds
Deposits collected through development
Interest earned
City Contribution
Total Sources
Less expenditures:
Operating expenses
Maintenance expenses
Art purchased
Total Uses
FY 2003
Cumulative Current
09/30/02 through Year-To-
06/30/02 Date
Equity Available before encumbrances and committments:
Add back Accounts Payable
Reduction for Interest Receivable
Cash Available before encumbrances and committments:
Less Encumbrances -
Less Commitments:
Hwy 111 TDC - Credits
Hwy 111 TDC - Future
Louis De Martino
Louis De Martino - modifications
K.Emerson & A.Dematteis - Spray tower
Washington St. Bridge -Artwork Construction
Civic Center Art Purchase
Construction of Base for New Art Piece -City Hall
City Entrance Monuments
Obelisks Pilot Program -City Street Markers
Civic Center Campus - Native American themes - P. Ladochy
Civic Center Campus - LQ Mountain range - B. Ware
Civic Center Campus - Sandy Swan - Bronze relief map
Civic Center Campus - Animal tracks - Sandy Swan
Civic Center Campus - TDK Design
Civic Center Campus - CIP Admin
Civic Center Campus - Available
Water Feature - La Quinta Court
Additional work - water feature LQ Court
Phase 1 - Jefferson St Bridge Artwork
Jefferson Bridge artwork - bridge railings
Place/repaint Darroll art piece (piece donated, accepted by Council 6/19/01)
Base for Reiman art piece (Wilderness Totem)
Point happy artwork project
Senior Center art mural
Residency Inn sculpture project
Total Commitments - Art Purchases
Total Commitments - Art Maintenance
Total available funds 09/30/02
10/03/2002
Total
$1,502,683.23
$17,588.62
$1,520,271.85
211,275.19
0.00
211,275.19
50,000.00
0.00
50,000.00
1,763,958.42
17,588.62
1,781,547.04
22,423.52
900.00
23,323.52
1,830.00
0.00
1,830.00
1,057,558.25
60,088.46
1,117,646.71
1,081,811.77
60,988.46
1,142,800.23
682,146.65 (43,399.84) 638,746.81
0.00 0.00 0.00
0.00 0.00 0.00
682,146.65 (43,399.84) 638,746.81
0.00 0.00 0.00
9,418.07
14,581.93
13,217.00
17.900.00
960.37
0.00
2,324.00
2,938.50
14,167.76
23.807.53
19,199.67
11,250.00
26,320.46
6,542.50
34,000.00
14,719.00
104,101.83
9,156.25
11,525.00
0.00
0.00
9,500.00
750.00
40,050.00
0.00
92,000.00
4/1J,4L`J.af
0.00
$160,316.94
File: APP.WK4
002
City of La Quinta
Arts in Public Places
Recap Expenditures
Inception to 09/30/02 Page 1
Operating Expenses: Expended
Conference - Phoenix
07/24/92
Bank of America
821.66
07/31f92
Meg Robertson
244.08
$1.065.74
10/15/92
A.E.S.
23.70
01/12/93
Jerry Allan
2,275.00
03/10/93
Regents - University of Calif.
105.00
03/31/93
Martin & Chapman
242.05
03/31/94
City of La Quinta Admin Fee
6.000.00
05/10/95
Rositas Shamis - Reimburse for supplies
35.91
06/30/98
Charrie Chappie Travel
325.21
06/30/98
Elaine Reynolds Travel
360.61
06/30/98
Rosita Shamis Travel
2,141.01
06/30/98
Susan Benay Travel
1,125.32
06/30/98
Americans For The Arts Registration
150.00
09/30/98
Susan Benay Travel - Reverse
(1,125.32)
01/25/99
Art in La Quinta Inserts (Arrow Printing)
1,150.00
05/07/99
Recreation Brochures
473.50
05/29/99
Summer Brochures (Arrow Printing)
1,239.13
06/30/99
Patrick Welch - Anderson Travel
428.00
06/30/99
Welch/Reynolds -Atlanta Hilton
1,313.28
06/30/99
Susan Benay - Best Western
245.00
06/30/99
Ca Assembly of Local Arts
199.00
06/30/99
Welch/Reynolds - Americans for the Arts Reg.
600.00
O6/30/99
Susan Benay - Travel
272.36
08/19/99
US Postmaster: 05/19/1999 Appropriation -Summer Brochure
160.00
08/29/99
Arrow Printing - brochures
1,481.60
11/29/99
CA Assembly of Local Arts
75.00
12/14/99
US Postmaster: Brochure
160.00
01/08/00
Arrow Printing - Brochures
1,636.75
02/11/00
Travel & Conference - Credit
(931.64)
03/06/00
Americans for the Arts
150.00
5/2/00
U S Postmaster - postage
160.00
6/30/00
Russell Jacques - Art Base
693.75
7/31100
Russell Jacques - Art Base
(693.75)
8/00
Maintenance -art piece
500.00
8/00
Global Mural Conference 2000
100.00
8/00
U.S. Postmaster: Brochure
320.00
9/00
Reclassify maint. to separate account
(500.00)
2101
Art Wall Certificates
268.81
8/01
Freight, packing for sculpture
275.00
8/01
Reclass expenditures at year end
(1,060.00)
5/02
Fine Art Appraisal
425.00
11/01
Bruce Kribbs supplies - reclassified from General Fund 5/02
128.00
3102
APP Supplies - reclassified from General Fund 5102
55.50
06/02
Jacobs Excavation/trucking
375.00
08/02
A.C.Crane 8 Salvage (dismantle, move Rainbow sculpture)
900.00
Total Operating Expenses
$23,323.52
Art Maintenance Expenses authorized by Council:
6130/01 Total through 6130101 (carried to Fiscal 2002)
6/30/02 Total through 6130/02
Total - prior years
Year to Date, Fiscal 2003
Total Art Maintenance Costs charged to APP
Expended
1.060.00
770.00
1,830.00
0.00
$1,830.00
10/03/2002 File: APP.WK4
003
City of La Quinta • •
Arts in Public Places
Recap Expenditures
Inception to 09/30/02
Art Purchases:
06/09/92
Adams/Truman PTA
07/3l/92
Hwy 111 TDC - Paid
07/31 /92
Hwy 111 TDC - Credits
07/31/92
Hwy 111 TDC -Future
12/15/1992
Ministrelli TT25429
04/14/93
Louis De Martino
06/01/01
Louis De Martino - modifications
06/29/94
K.Emerson & A.Dematteis - Gate
06/29/94
K.Emerson & A.Dematteis - Mosiac Tiles
06/29/94
K.Emerson & A.Dematteis - Spray tower
06/06/1995
Bear Creek Path Art Work
01/16/1996
Fritz Bums Park - Spray Tower installation
05/21/1996
Rancho La Quinta - Paid
05/21/1996
Rancho La Quinta - Credit
12/17/96
Fritz Bums Park - Art Fernandez
06/17/97
Marcia Gibbons-L.Q. Car Wash
06/17/97
Eagle Hardware -Credit
05/05/98
Washington St. Bridge-Navarrete/Holmes & Narver)
07/07/98
Landscaping for Artpiece-Hwyl 11 /Wash. St
09/15/98
Washington St. Bridge-Navarrete/Holmes & Narver)
10/20/98
Washington St. Bridge -Artwork Construction
03/16/99
Civic Center Art Purchase
04/06/99
Construction of Base for New Art Piece -City Hall
05/18/99
City Entrance Monuments
07/01/99
Obelisks Pilot Program -City Street Markers
09/07/99
City Entrance Monument Right -of -Way (1f655)
01/18/2000
Civic Center Campus - Native American themes - P. Ladochy
01/1812000
Civic Center Campus - LO Mountain range - B. Ware
01/18/2000
Civic Center Campus - Sandy Swan - Bronze relief map
01/18/2000
Civic Center Campus - Animal tracks - Sandy Swan
01/18/2000
Civic Center Campus - TDK Design
0111812000
Civic Center Campus - CIP Admin
01/18/2000
Civic Center Campus - Available
05/02/00
Construction of Base for New Art Piece -City Hall
02/06/01
Original concept water feature/LQ Court
M05/01
Additional work - water feature LO Court
02/01/2001
Phase 1 - Jefferson St Bridge Artwork
07/03/01
Jefferson Bridge artwork - bridge railings
07/17/01
Place/repaint Darroll art piece (piece donated, accepted by Council 6/19/01)
07/17/01
Base for Reiman art piece (Wilderness Totem)
8/01
Pant happy artwork project
11/01
Senior Center art mural
9/02
Residency Inn sculpture project
Total Art Purchases
Page 2
Total
Balance of
Commitments
Expended
Commitments
846.00
$846.00
0.00
47,578.99
47,578.99
0.00
10,810.63
1,392.56
9,418.07
36,610.38
22,028.45
14,581.93
15,000.00
15,000.00
0.00
73,500.00
60.283.00
13,217.00
34,900.00
17,000.00
17,9W.00
10.000.00
10,000.00
0.00
10,000.00
10,000.00
0.00
31.000.00
30,039.63
960.37
5,000.00
5,000.00
0.00
16.786.00
16,786.00
0.00
35,000.00
35,000.00
0.00
35,000.00
35.000.00
0.00
37.000.00
37,000.00
0.00
10,000.00
10,000.00
0.00
43,000.00
43,000.00
0.00
3,000.00
3.000.00
0.00
18,800.00
18,800.00
0.00
39,500.00
39,500.00
0.00
21,999.00
21,999.00
0.00
7,327.00
5,003.00
2,324.00
4,000.00
1,061.50
2,938.50
299,713.00
285,545.24
14.167.76
91,312.00
67,504.47
23,807.53
15,000.00
15,000.00
0.00
57,600.00
38,400.33
19.199.67
90,000.00
78,750.00
11,250.00
35,094.00
8,773.54
26,320.46
13,085.00
6.542.50
6,542.50
34,000.00
0.00
34,000.00
14,719.00
0.00
14,719.00
104.101.83
0.00
104,101.83
2,693.75
2,693.75
0.00
65,000.00
55,843.75
9,156.25
22, 525.00
11, 000.00
11, 525.00
3,000.00
3,000.00
0.00
7.800.00
7,800.00
0.00
9,500.00
0.00
9,500.00
750.00
0.00
750.00
87,525.00
47,475.00
40,050.00
4,000.00
4,000.00
0.00
92,000.00
0.00
92,000.00
$1,596,076.58 $1,117,646.71 $478,429.87
10/03/2002 File: APP.WK4
004
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
City of La Quinta
Arts in Public Places
Recap Expenditures
Inception to
Artwork
Air Motion
Animal Column
Desert Mural
Bear Creek Bike Path Art
Eagles
Gates at the Pool - Gateway to the Desert
Gem of the Desert
Kennedy Art Piece - Rotary Donation
Sidewalk Mosiac Squares - Dances with the Landscape
Rancho La Quinta Don
Spray Structure - In between Earth and Sky water life to all creatures
Sun & Moon Beam
Washington St Bridge Railing
City Entrance Monuments
Bus Stop Metal Work - Replace Fritz bums Park Playground Equip
Obelisks
LQ Court Water Feature
Jefferson St Bridge Railing
Lizards - Civic Center Campus South Entrance
Civic Center Campus - Native American themes - P. Ladochy
Civic Center Campus - LQ Mountain range - B. Ware
Civic Center Campus - Tree of Life - Sandy Swan - Bronze relief map
Civic Center Campus - Animal tracks - Sandy Swan
Civic Center Campus - TDK Design
Civic Center Campus - CIP Admin
Civic Center Campus - Available
Art Base for R. Jacques Artwork
Art Base for Lizards Artwork
Senior Center Art Mural
Point Happy Artwork Project
Residency Inn Sculpture Project
Total Art Purchases to date
09/30/02
Expended
15,000.00
0.00
10,000.00
5,000.00
43,000.00
10,000.00
90,646.00
0.00
10,000.00
70,000.00
46,825.63
77,283.00
64,499.00
300,545.24
37,000.00
67,504.47
66,843.75
10,800.00
5,003.00
38,400.33
78,750.00
8,773.54
6,542.50
0.00
0.00
0.00
2,693.75
1,061.50
4;000.00
47,475.00
0.00
1,117,646.71
Page 3
10/03/2002
File: APP.WK4
005
9
1]
City of La Quinta
Recap Arts in Public Places Interest Earned
Annual
Interest
FY
1990/91
3,525.59
FY
1991 /92
11,646.54
FY
1992/93
12,156.96
FY
1993/94
7,137.38
FY
1994/95
11,444.17
FY
1995/96
14,109.65
FY
1996/97
16,170.79
FY
1997/98
14,845.19
FY
1998/99
28,328.00
FY
1999/00
32,168.62
FY
2000/01
36,787.35
FY
2001/02
22,954.95
Total Accumulated Interest
FY 2002/03 Interest YTD
Interest Through
$211,275.19
09/30/02 211,275.19
Note: The City records interest earned on pooled cash quarterly.
10/03/2002
File: APP.WK4
: W
IV. CONSENT CALENDAR C.
r Of
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR
SEPTEMBER 17, 2002
TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR
THE MONTH OF AUGUST 2002
UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF
OCTOBER 2002:
Oct 3
*Ballroom Dance Class
Oct 7
*Monthly Putting Contest
Oct 8
*Knitting Class
Oct 11
*Watercolor Class
Oct 12
*Acrylic Painting Classes, Senior Center
Oct 14
Drawing Classes, Senior Center
Oct 14
*Fast & Fabulous Desserts, Senior Center
Oct 15
*Pinochle Club
Oct 15
*CPR Class
Oct 15
*Free Hearing Consultations
Oct 15
*Tap Dance Class
Oct 16
*Sketching/Drawing Class
Oct 17
*Cooking Class
Oct 17
*Tai Chi Classes
Oct 18
*Dinner & Dance
Oct 18
*Conversational Spanish Lessons
Oct 18
*Free HI -CAP Counseling
Oct 19
Oktoberfest Excursion, Big Bear
Oct 22
Taekwondo Classes, La Quinta High School
Oct 22
Hatha Yoga Classes, Senior Center
Oct 23
Vinyasa Flow Yoga Classes, Senior Center
Oct 23
Decadent Dinner Party Desserts, La Quinta High School Room 711
Oct 24
*Health Fair
Oct 25
Tiny Tot Halloween Carnival, Senior Center
Oct 28
Classic & Latin Ballroom Dance, Senior Center
Oct 29
Beginning Line Dancing, La Quinta High School
Oct 29
Fabulous, Fun Fondue Cooking Classes, La Quinta High School
Oct 29
Digital Photography, Senior Center
Oct 31
*Halloween Luncheon
*Daytime Senior Center class or activity
Oil
T4t�t 4 Qu'Krcv
Community Services Department
Attendance Report for the Month of August 2002
Summary Sheet
Program 2002 2001 Variance Sessions Per Month
2002 2001
Leisure Classes
37
0
37
15
0
Special Events
555
128
427
24
4
Adult Sports
321
161
160
12
13
Senior Center
963
770
193
83
86
Total
1876
1059
817
134
103
Senior Services
Senior Center
592
396
196
29
19
Total
592
396
196
29
19
Sports Complex Use
AYSO
600
400
200
10
5
Total
600
400
200
10
5
Total Programs
3,068
1,855
12131
1731
127
Volunteer Hours
Senior Center
571
5541
17
Total Volunteer Hours
5711
5541
17
Monthly Revenue
Senior Center
$
2,322.50
$
2,571.00
$
(248.50)
Community Services
$
4,251.00
$
2,189.00
$
2,062.00
Total Revenue
$
6,573.50
$
4,760.00
$
1,813.50
Revenue Year to Date
Senior Center
1 $
4,553.00
$
6,417.00
$
(1,86-4.00)
Community Services
$
14,299.00
$
6,711.00
$
7,588.00
Total Revenue to Date
$
18,852.00
$
13,128.00
$
5,724.00
012
Community Services Program Report for August 2002
2002 2001 2002 2001
Participants
Participants
Variance
Meetings
Meetings
Leisure Classes
Intermediate Computers
5
0
5
4
0
Mastering Microsoft Word
4
0
4
1
0
Fabulous French
6
01
61
2
0
Hatha Yoga
22
0
221
8
0
Totals
37
0
371
15
0
2002 2001 2002 2001
Participants
Participants
Variance
Meetings
Meetings
Special Events
Summer Day Camp
298
0
298
17
0
Desert Willow Golf
39
37
2
1
1
Cimarron Golf Resort
30
0
30
1
0
Marriott Shadow Ridge
49
0
49
1
0
Westin Mission Hills Resort
47
46
1
1
1
Desert Willow Golf Resort
42
37
5
1
1
Sea World, San Diego
42
Ol
421
1
0
Fashion Island, Newport
8
81
01
1
1
Totals
555
1281
4271
24
4
2002 2001 2002 2001
Participants
Participants
Variance
Meetings
Meetings
Adult Sports
Open Gym Basketball
Adult Soccer League
201
120
161
0
40
120
10
2
11
2
Totals
1 3211
161
1601
121
13
Recreation Totals 9131 2891 6241 51 17
Page 2
013
Senior Center Attendance
Participation
002
Participation
0 1
ance
Meetings
2002
Meetings
20 1
Senior Activities
ACBL Bride
142
120
22
4
5
Ballroom Dance, Complimentary
14
3
11
1
1
Bridge, Duplicate/Social
356
236
120
18
13
Ice Cream Social
26
29
-3
4
4
Knitting Guild
9
0
9
1
0
Monthly Birthday Party
22
27
-5
1
1
Monthly Luncheon
162
133
29
1
1
Movie Time
75
99
-24
10
10
Putting Contest
7
7
0
1
1
Tea Dance
16
0
16
1
0
Senior Activity Total
829
654
175
42
36
Senior Leisure Classes
Ballroom Dance
34
14
20
3
3
Ceramics
10
9
1
3
3
Computer Tutor
1
7
-6
1
16
Cooking
18
18
0
1
1
Exercise
38
42
-4
13
14
Quilting
16
- 13
3
5
5
Rug Hooking
6
8
-2
4
4
Woodcarving
7
5
2
5
4
Yoga
4
0
4
6
0
Senior Leisure Classes Total
134
116
18
41
50
TOTAL SENIOR PROGRAMS
963
770
193
83
86
Senior Services
FIND Food Distribution
359
294
65
5
5
HEAP Utility Program
66
0
66
2
0
Hearing Consultation
6
5
1
1
1
Homeowners/Renters Assistance
14
8
6
4
2
I.I.D. Energy Assistance
79
34
45
9
9
I.I.D. Energy Assistance/No fee
10
1
9
5
1
Legal Consultation
8
0
8
1
0
Medicare/Hi Cap Consultation
2
3
-1
2
1
Volunteers
48
51
-3
n/a
n/a
TOTAL SENIOR SERVICES
592
ass
196
29
19
SENIOR CENTER TOTAL
1 1555
1166
389
112
105
- -- 014
�a�-�— • VI. BUSINESS ITEMS A
•c
U 9
Of T19
CULTPRAL ARTS COMMISSION MEETING
DATE: October 10, 2002
ITEM TITLE: Artist Partnership Day
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
The Cultural Arts Commission started Artist Partnership Day in 1997. This
program was designed to bring artists into the classrooms of Middle School and
High School students to share the business side of producing artwork. The artists
are asked to share the "ups and downs" of the art world, from a business stand
point.
Both La Quinta Middle School and La Quinta High School have participated in the
program since 1997. The dates for the program this year will be Wednesday,
October 23 and Thursday, October 24. The program usually runs from
approximately 9:30-11:30 a.m. The Cultural Arts Commissioners arrange for the
artists to attend art classes, attend the presentations and then invite the artists to
lunch.
The artists that participated in last year's program include:
Joyce Spizer
Author
Leanna Bonamici
Movie Producer
Gwen Hughes
Sculptor
Barbara Seranella
Author
At the September 12 Cultural Arts Commission meeting, the Commission agreed
to offer the Artist Partnership Day this year, with Commissioner Loudon
coordinating the program.
S:\Community Services\CAComm\CACRPT.314.Artist PartnershipDay.doc
015
The Commission may wish to appoint specific Commissioners to attend each day's
program, to assist the artists and the represent the Cultural Arts Commission.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Select Cultural Arts Commissioners to participate in Artist Partnership
Day to be held on October 23 and 24, 2002; or
2. Do not select Cultural Arts Commissioners to participate in Artist
Partnership Day to be held on October 23 and 24, 2002; or
3. Provide st f with alternative direction.
\ (' .
Dodie Horvitz, Comm4
rvices Director
S:\Community Services\CAComm\CACRPT.314.Artist PartnershipDay.doc
016
• VI. BUSINESS ITEMS B
4f,
CULTURAL ARTS COMMISSION MEETING
DATE: October 10, 2002
ITEM TITLE: Civic Center Campus Dedication
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
The Civic Center Campus dedication is planned for December 7, 2002. The
Community Services Department is planning the Civic Center Campus dedication
and annual tree lighting ceremony at the same time. The event will take place from
3:00-7:00 p.m.
As part of the Civic Center Campus, the Acknowledgment Areas by artist Bill Ware,
Walkway Mosaics by artist Peter Ladochy, Bronze Relief Map and Animal Tracks by
artist Sandy Swan and the Sun and Moonbeam by artist Louis De Martino will be
dedicated.
At the September 12, 2002 Cultural Arts Commission meeting, the Commission
agreed to arrange for the entertainment for the dedication and tree lighting
ceremony.
Commissioners Baxley and Brodsky were appointed to research possible
entertainers and provide the information at the October 10 meeting.
Once the Commission determines the performer(s) recommended for the Civic
Center Campus dedication event, the recommendation(s) will be forwarded to the
City Council for consideration
One of the limiting factors for performers is the amphitheater size and location, as
well as the turf seating for the audience. These two factors will need to be taken
into consideration when selecting performers.
S:\Community Services\CAComm\CACRPT.315 Civic Center Campus Dedication.doc
017
The Cultural Arts Commission has a total budget of $40,000 for events to be held
during Fiscal Year 2002-03. The Commission may wish to allocate a "not to
exceed" amount for the Civic Center Campus dedication event.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Identify events that the Cultural Arts Commissioners would like to
offer during the Civic Center Campus dedication, and direct staff to
forward recommendations to the City Council for consideration along
with a combined budget amount to be set by the Commission; or
2. Do not participate in the Civic Center Campus dedication activities; or
3. Provide staff.with alternative direction.
Dodie Horvitz,' Community Serj ices Director
S:\Community Services\CAComm\CACRPT.315 Civic Center Campus Dedication.doc
.: 018
VI. BUSINESS ITEMS C
CF'� OF TN��
CULTURAL ARTS COMMISSION MEETING
DATE: October 10, 2002
ITEM TITLE: Cultural Arts Commission Spring Event
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the September 10, 2002 Cultural Arts Commission meeting, the Commission
discussed providing an event during Spring 2003 and would like to begin the
planning of the event at this time.
Once an event and performer(s) have been identified by the Commission, the
recommendation will be presented to the City Council for consideration.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Begin planning an event for Spring 2003; or
2. Do not begin planning an event for Spring 2003; or
Provide 'taff with alternative direction.
l
t`I
Dodie Horvitz, ComrKuni\y Services Director.
S:\Community Services\CAComm\CACRPT.316.Cultural Arts Commission Spring Event.doc
019
VI. BUSINESS ITEMS D
La V.
0 �
ti5
OF T 9
CULTURAL ARTS COMMISSION MEETING
DATE: October 10, 2002
ITEM TITLE: De Martino Art Piece Modification Agreement
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
At the September 10, 2002 Cultural Arts Commission meeting, the Commission
requested that the Professional Services Agreement with Mr. De Martino be
provided for review. Mr. De Martino was commissioned to provide improvements
to the art work on the northeast corner of Washington Street and Hwy. 1 1 1.
Attachment A is the Professional Services Agreement as approved by the City
Council on May 15, 2001.
Staff will invite Mr. De Martino to attend the Cultural Arts Commission meeting to
answer any questions the Commission may have regarding this project.
ALTERNATIVES:
The alternatives available to the Commission are:
1. I Provide#taff with direction.
A IT
Do o vitz,
Attachment A:
Community Services Director
Professional Services Agreement
S:\Community Services\CAComm\CACRPT.317. Civic Center Campus Dedication.doc
n P fi
PROFESSIONAL SERVICIP ATTACHMENT A
AGREEMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and
between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and LOUIS DE
MARTINO, (the "Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF Consultant
A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant
shall provide those services related to the modifications to the artwork on the northeast corner of Washington
Street and Hwy. 111 , as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated
herein by this reference (the "services" or "work"). Consultant agrees that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for
such services.
B. Consultant's Proposal. The Scope of Work shall include the Consultant's proposal or bid, if any,
which shall be incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
C. Compliance with Law. All services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, regulations and laws of THE CITY OF LA QUINTA and any Federal,
State or local governmental agency of competent jurisdiction.
D. Licenses. Permits_ Fees and Assessments. Consultant 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. Consultant 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 performance of the
services required by this Agreement.
E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated
and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with
the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it
understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed
except at Consultant's risk until written instructions are received from the Contract Officer (as defined in 5.B
hereof).
F. Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers and other components thereof
to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own
negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to THE CITY, when such inaccuracies are due
to the negligence of Consultant.
G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant
shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule,
022
attached as Exhibit "B" herod incorporated herein by referencA, Pen directed to do so by the Contract
Officer, provided that Consultant shall not be required to perform any additional services without compensation.
2.0 DELIVERABLES.
A. Generally. Consultant shall be responsible for preparation of Instruments of Service or deliverables
as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All
written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side
only, and on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or
as directed by the City.
B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of
Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended
by mutual consent of the CITY'S CONTRACT OFFICER , and Consultant.
C. Monthly Progress Reports. Consultant shall submit to THE CITY a written monthly progress report
attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this
Agreement.
Each progress report shall include, at a minimum, the following:
• For each Task, a brief statement of the work performed since the last monthly progress report;
• For each Task, a comparison of actual accomplishments to established objectives, milestones
and/or deadlines;
• Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet
objectives or milestones.
• Discussion of any issues that may have arisen or are expected to arise, problems encountered,
changes in personnel, etc., that could affect or are affecting the work.
• Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and
herein incorporated by reference, and any delays or deviations from the Project Schedule, attached
as Exhibit "B" hereto and incorporated herein by reference.
• Work planned for the next reporting period and anticipated accomplishments.
Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted
as a required attachment to any request for payment submitted by Consultant. Receipt and approval of monthly
progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant.
D. Quarterly U ate. THE CITY may require that Consultant update the Project Schedule on a quarterly
basis, dependent upon the nature and number of extensions that may have been previously approved. These
updates are considered a deliverable and, as such, a condition of this Agreement.
3.0 COMPENSATION.
A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to
Consultant an amount not to exceed $34,900 (Thirty four thousand, nine hundred dollars) in accordance with
023
the "Project Budget ", datedeattached as Exhibits "E" .
B. Maximum Amount of Allowable Costs. The "Project Budget " attached as Exhibit "E", states the
maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope
of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference.
C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of
Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services.
D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once
every month, except that advance payments may be made for expenses related to - "Workshops" when
circumstances dictate and when approved by THE CITY.
E. Total of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the
amount set forth in the AGREEMENT SUM above.
F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses
incurred.
G. Method of Payment.
1). Consultant shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit
"F"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables
attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented
by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and
conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall
be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent
to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum
allowable cost for each task shall be made to Consultant in accordance with the checklist. By way of example,
for a month in which Consultant prepares and submits to THE CITY a draft report which is identified on the
checklist as representing thirty percent (30%) of the total work to complete that Task, Consultant may request
payment in the amount of thirty percent (30 %) of the maximum allowable cost for that task. THE CITY shall
make payment to Consultant for all such requests for payment up to but not exceeding an amount greater than
ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for
Progress Payments as approved by THE CITY is attached as Exhibit "F" an incorporated herein by reference.
2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of
the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this
Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit
"F" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this
remainder ten percent (10 %) as a lump sum payment to Consultant, upon receipt, review and approval of the
modifications to the artwork on the northeast corner of Washington Street and Hwy. 111. Consultant's
obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly
payment.
3). Payment of Reimbursable Reimbursable expenses shall be paid in full with every invoice.
In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption
of any alcoholic beverage.
024
H. Responsibilitieso10sultant. In any month for which Colant is entitled to payment, Consultant
shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following:
• Submitted by or on the tenth day of the following month;
• Submitted in a format prescribed by THE CITY.
• Submitted together with a monthly progress report.
• Submitted together with supporting documentation (bids, receipts, canceled checks," invoices, etc.)
or in a format approved by the City.
I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment
to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon
approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit,
generally within 30 days.
J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed
or contested shall be withheld from payment and the undisputed portion shall be paid. Consultant'S failure to
provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify
Consultant in writing of the basis of the dispute or contest.
K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any
sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall
withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records.
Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction
of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records.
L. Task Budget Amendments: Obligation of Consultant. It shall be the responsibility of Consultant to
notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease
the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of
discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon
the work to be completed and the Project Schedule.
4.0 PERFORMANCE SCHEDULE
A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional
skill and care and the orderly progress of the project.
B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed
diligently and within the time period established in the "Schedule of Performance" (also referred herein as the
"Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and
amendments to the time period specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as
the Project Schedule) attached hereto as Exhibit "B" for performance of the services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without
the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any
025
governmental agency other 4ity, and unusually severe weather, A Consultant shall within ten (10) days
of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The
Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the
services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting
Officer's determination shall be final and conclusive upon the parties to this Agreement.
D. Term. Unless earlier terminated in accordance with Section 8.H of this Agreement, this Agreement
shall continue in full force and effect until completion of the services, except as otherwise provided in the
Schedule of Performance (Project Schedule) attached hereto as Exhibit "B".
5.0 COORDINATION OF WORK
A. Representative of Consultant. The following principals of Consultant are hereby designated as being
the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith:
1. Louis De Martino
P.O. Box 391370
Anza, CA 92539
909-763-1315
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for THE CITY to enter into this Agreement. Therefore, the foregoing
principals shall be responsible during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be
changed by Consultant and no other personnel may be assigned to perform the service required hereunder without
the express written approval of THE CITY.
B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It
shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to
the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall
mean the approval of the Contract Officer.
C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and
reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into
this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the
Scope of Services) to perform in whole or in part the services required hereunder without the express written
approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of THE CITY.
D. Independent Consultant. Neither THE CITY nor any of its employees shall have any control over
the manner, mode or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth. Consultant shall perform all services required herein as an independent Consultant
of THE CITY and shall remain at all times as to THE CITY a wholly independent Consultant with only such
obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it
or any of its agents or employees are agents or employees of THE CITY.
E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports,
statistics, records or other data or information pertinent to services to be performed which are reasonably
026
available to THE CITY. THOY shall additionally provide Consuostaff assistance and shall take
prompt
and appropriate action when it will assist in ensuring timely performance by Consultant hereunder.
F. Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork
shall be borne by the City. The Consultant shall take such measures as are necessary to protect the Artwork
from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice
of Completion is made by the City.
6.0 INSURANCE, INDEMNIFICATION AND BONDS.
A. Insurance. The Consultant shall procure and maintain, at its cost, and submit concurrently with its
execution of this Agreement, public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's negligent or wrongful acts or omissions, to the extent
of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this
Agreement. Consultant shall also carry Workers' Compensation Insurance in accordance with State Workers'
Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in
effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of
proposed cancellation to THE CITY. The insurance policy shall contain a severability of interest clause providing
that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither THE
CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and
naming THE CITY and its officers and employees as additional insureds as to the Consultant's liability hereunder
shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The
procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed
as a limitation of Consultant's obligation to indemnify THE CITY, its Consultants or employees. The amount
of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table:
Contract Sum Coverage (personal injury/property damage)
Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the
aggregate
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
B. Indemnification. The Consultant shall defend, indemnify and hold harmless THE CITY, its officers,
employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands,
losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for
damage to property (including property owned by THE CITY) and for errors and omissions committed by
Consultant, its officers, employees and agents, arising directly or indirectly out of or related to Consultant's
negligent or wrongful performance and to the extent of the Consultant's negligent or wrongful performance under
this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or
wrongfulness or that of its officers or employees.
C. Performance Bond. (Not Applicable to this Agreement).
D. Payment Bond. (Not Applicable to this Agreement).
E. Remedies. In addition to any other remedies THE CITY may have, if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein required, at its
027
sole option:
1). Order the Consultant to stop work under this Agreement and/or withhold any payment(s) which
become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof.
2). Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may
have and are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant
may be held responsible for payments of damages to persons or property resulting from Consultant's or its
subConsultants' performance of work under this Agreement.
7.0 RECORDS AND REPORTS.
A. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall require.
B. Records. Consultant shall keep such books and records as shall be necessary to perform the services
required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such
services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principles. The Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records.
_ C. Ownership of Documents. _Originals of all drawings, specifications, reports, records, documents and
other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees,
subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall
be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract
Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the
exercise by THE CITY of its full rights of ownership of the documents and materials hereunder.
Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to
use the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any
documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant
shall indemnify THE CITY for all damages suffered thereby.
D. Release of Documents. The drawings, specifications, reports, records, documents and other materials
prepared by Consultant in the performance of services under this Agreement shall not be released publicly without
the prior written approval of the Contract Officer or as required by law, or if Consultant must use in defense of
a claim. Consultant shall not disclose to any other private entity or person any information regarding the
activities of THE CITY, except as required by law or as authorized by THE CITY.
8.0 ENFORCEMENT OF AGREEMENT.
A. California Law. This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions concerning any
dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant
covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
B. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the
028
injuring party in writing of ententions by submitting a claim thdr. The injured parry shall continue
performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)
days of service of such notice and completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE
CITY deems warranted. 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
parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit
THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H.
C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds
to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by
THE CITY due to the default of Consultant in the performance of the services required by this Agreement.
D. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any
default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any
act by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary
THE CITY's consent to or approval of any subsequent act of Consultant. 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.
E. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the parties 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.
F. Legal Action. In addition to any other rights or remedies, either'party may take legal action, at law
or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement).
H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this
Agreement, except as specifically provided in the following Section 8.I for termination for cause. THE CITY
reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and for any services authorized
by the Contract Officer thereafter in accordance with the Project Budget (Exhibit "E") or such as may be
approved by the Contract Officer, except as provided in 8.C.
I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill
its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.B, take over
the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may
withhold any payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE
CITY as previously stated in 8.C.
429
J. Attorneys' Fees. 40ther party commences an action ago the other party arising out of or in
connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and
costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES- NON DISCRIMINATION.
A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be
personally liable to the Consultant, or any successor in interest, in the event of any default or breach by THE
CITY or for any amount which may become due to the Consultant or to its successor, or for breach of any
obligation of the terms of this Agreement.
B. Conflict of Interest. No officer or employee of THE CITY shall have any personal interest, direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his personal interest or the interest of any corporation, partnership or association in
which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant
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.
C. Covenant against Discrimination. Consultant 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. Consultant 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.
10.0 MISCELLANEOU PROVISIONS
A. Notice. Any notice, demand, request, consent, approval, communication either party desires or is
required to give to the other party or any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this 10.A.
To City: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
Attention: City Manager
To Consultant: Louis De Martino
P.O. Box 391370
Anza, CA 92539
909-763-1315
B. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous
understandings, negotiations and agreements are integrated into and superseded by this Agreement.
C. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by
an instrument in writing signed by both parties.
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D. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of
a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall
be interpreted to carry out the intent of the parties hereunder.
E: Auk. The persons executing this Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the
parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF LA QUINTA,
a California Charter and Municipal Government
Dated: _�o- 1�-0( By:/ i cl✓✓ 'Z-�tn-�c
THOMAS P. GENOVESE, City Manager
"CITY"
ATTEST:
APPROVED AS TO FORM:
M. KATHERINE JENS�Cityyorney
Y�
Name: "%.I
Title: C ru w i %� z
Dated: 4 — CS 1
"Consultant"
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EXHIBITS
"A" Scope of Services
"B" Project Schedule
"C" List of Deliverables
"D" List of Meetings
"E" Project Budget
"F" Project Milestones for Progress Payments
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L SCOPE OF WORK
EXHIBIT "A"
SCOPE OF SERVICES
1. Consultant shall furnish all labor, engineering, material, tools, equipment, etc., required to provide
modifications to the Artwork in accordance with the quality level and intent of the marquette previously prepared
by Consultant and approved by the City, along with all governing agency requirements and code criteria.
2. Consultant is responsible for submitting all required documents relating to the Artwork design to
appropriate government agencies so that building plan check and all required permits may be obtained in a timely
manner as deemed appropriate.
3. Consultant shall immediately notify the City in writing of any cost impact or schedule impact
whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other
costs incurred by the City due to Consultant's negligence or failure to keep the City informed of scope variances
in a timely manner shall be charged to the Consultant.
II. GENERAL ITEMS OF INCLUSION:
As a further clarification to the plans and specifications, the work shall include but not necessarily be
limited to the following:
1. Consultant shall examine or cause to be examined all supporting and adjacent surfaces and record
any defects to the City prior to installing any material. The installation of any material constitutes
the Artist's complete acceptance of all substrates as compatible with the work under this
Agreement.
2. Any work not provided for in this Agreement must be authorized by the City prior to the
installation of such work.
3. Consultant is responsible for all repairs or replacement of any existing property or work which is
damaged as a result of the performance of the work under this Agreement.
4. Consultant shall provide all unloading, hoisting, scaffolding, and bracing for the Artwork.
5. Consultant shall provide all drilling, coring, cutting, fastening, and welding required for the
Artwork.
6. Consultant shall supply all specialty lighting required to complete the Artwork.
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III. SPECIFIC ITEMS OF INCLUSION
1. The Artwork consists of modifications to the Oasis 111 sculpture located on the northeast corner
of Washington Street and Hwy. 111. Modifications include:
1. Acid etch and texture the concrete plinth to a variegated charcoal
color;
2. Remove the dark patina from the pyramidal bronze "mountains";
3. Resurface and refinish the bronze finish with a clear urethane;
4. Reface the base of the plinth with a bronze plate to match the bronze "mountains";
5. Create a translucent jewel in an aquamarine color;
6. Resize the jewel to be eight times larger than the existing jewel;
7. Create bronze "retainers" in which to set the jewel within the
"mountains";
8. Provide new ground lighting at the base of the art piece.
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EXHIBIT "B"
PROJECT SCHEDULE
Concrete preparation, acid etching and coloration 2 weeks
Jewel setting, design, fabrication and installation 2 weeks
Stripping, resurfacing, polishing, and permanent
urethane coating of bronze pyramids 2 weeks
Fabrication and installation of bronze facing of
plinth 1 week
Fabrication and installation of jewel 4 weeks
Design, installation and testing of lighting system 4 weeks
Contract documents 2 weeks
Total Time required: 17 weeks
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EXHIBIT "C"
LIST OF DELIVERABLE
Note: All written material will be in WordPerfect 7. The recommended maintenance plan for the Artwork is
required as well as all maintenance requirements for the lighting systems. A schematic of the lighting
system shall be provided. All data, information, materials and work produced including final camera
ready text, maps and graphics including all digital files will become the sole property of the City of La
Quinta.
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EXHIBIT "D"
LIST OF MEETINGS
Attend up to one Cultural Arts Commission meeting if required (Held the second Thursday of each
month)
Attend up to two City Council meetings if required (Held the first and third Tuesdays of each
month)
Meetings with City staff as required
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EXHIBIT "E"
PROJECT BUDGET
The total cost of the Artwork modifications is $34,900.
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EXHIBIT "F"
PROJECT MILESTONE FOR PROGRESS PAYMENT
First payment due upon execution of the Professional Services Agreement
Twenty five percent $8,500
Second payment due upon the completion of the urethane coating of the
Artwork
Twenty five percent $8,500
Third payment due upon the completion of the installation of the jewel
Twenty five percent $8,500
Final payment due acceptance by the City as completed
Twenty five percent $8,500
Total 34,900
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�`1�t� r^,/ • • VI. BUSINESS ITEMS E
L • V
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CULTURAL ARTS COMMISSION MEETING
DATE: October 10, 2002
ITEM TITLE: Bruce Thomas Art Work
RECOMMENDATION:
As deemed appropriate by the Cultural Arts Commission.
BACKGROUND AND OVERVIEW:
On December 15, 1992, the City of La Quinta provided funds for a public art piece
to be located at the Painted Cove development. The artist of the piece, Bruce
Thomas, provided the art piece "Air Motion" as provided in Attachment A.
On December 4, 2001, the Painted Cove development donated the art piece to the
City of La Quinta as provided in Attachment B. Since this time, the art piece has
been stored awaiting a new location.
Mr. Thomas has recommended the art piece be placed in a pond, as in the original
concept. At this time, the City does not have a location that provides a pond for
the art piece.
The Cultural Arts Commission has requested this art piece be reinstalled. A
location would need to be identified and the proper base be constructed. Once the
Commission determines a location, staff will get a quote for the construction of a
pond and installation of the artwork and present this information for City Council
consideration.
ALTERNATIVES:
The alternatives available to the Commission are:
1. Identify a location for the Air Motion art piece and direct staff to get a
quote for construction of base and installation; or
S:\Community Services\CAComm\CACRPT.318.Bruce Thomas Art Work.doc
040
2. Do not identify a location for the Air Motion art piece; or
ide staff with alternative direction.
Cori munity Services Director
Attachments: A. Photographs of Air Motion Art Piece
B. Staff Report Dated December 4, 2001
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041
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f.
0 ATTACHMENT B
December 4, 2001
Acceptance of the Painted Cove Art
Piece as Donated by Ministrelli Construction
RECOMMENDATION:
Adopt a Resolution of the City Council approving the acceptance of the donation of the
art piece "Air Motion" as donated to the City by Ministrelli Construction.
FISCAL IMPLICATIONS:
None at this time. The art piece will be removed from the current location at Painted
Cove and stored in a secure location until a suitable site is found.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On December 15, 1992, the City Council approved the art piece "Air Motion"
(Attachment 1) to be placed in the Painted Cove development by Ministrelli
Construction. The developer was given Art in Public Places fee credits in the amount
of $15,000 for the art piece as provided in Attachment 2.
On November 20, 2001, the City was contacted by the Monarch Group, which is the
Homeowners Association Management Group (HOA) for Painted Cove, stating that
the HOA no longer desired the art piece "Air Motion" to be displayed at that location
and requested that the art piece be removed. The art piece consists of the sculpture
as displayed in Attachment 1. The pond setting was not included in the fee credits
granted for the art piece.
As specified in Section 2.65.080 (C) of the La Quinta Municipal Code, art work
acquired and installed by a Project Applicant for which credit is given, is the property
of the Project Applicant. In this case, the Project Applicant is Ministrelli Construction.
Section 2.65.080 (C) also states that art work acquired by the Project Applicant in
lieu of fees may be donated to the City to be maintained by the City, as provided in
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Attachment 3. Mr. Ministrelli wishes to donate the art work to the City, as provided in
Attachment 4.
The art work does not require special equipment for removal and can be stored in a
secure location until a suitable site is found for the piece.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the acceptance of the donation of
the art piece "Air Motion" as donated to the City by Ministrelli Construction; or
2. Do not adopt a Resolution of the City Council approving the acceptance of the
donation of the art piece "Air Motion" as donated to the City by Ministrelli
Construction; or
3. Provide staff with alternative direction.
Respectfully submitted,
Dodie Horvitz, Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Photographs of Art Work
2. City Council Report, December 15, 1992
3. Chapter 2.65 of the La Quinta Municipal Code
4. Correspondence from Ministrelli Construction
RESOLUTION NO. 2001-
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT
WHEREAS, on December 4, 2001, Ministrelli Construction generously
donated an art piece to be removed from the Painted Cove development and displayed
in a public location; and
WHEREAS, the art piece was donated to the City of La Quinta and was
not given to or limited to the use of any particular employee or official; and,
WHEREAS, it is in the best interest of the City of La Quinta to accept the
donation and select a suitable location for public display.
NOW, THEREFORE, the City Council of the City of La Quinta does hereby
RESOLVE as follows:
The City of La Quinta hereby accepts the donation of an art piece by
Ministrelli Construction.
PASSED, APPROVED and ADOPTED this 4" day of December, 2001 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
JUNE GREEK, City Clerk
City of La Quinta, California
ATTEST:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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