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CAC 05 08 2003CULTURAL ARTS COMMISSION AGENDA La Quinta Civic Center Study Session Room 78-495 Calle Tampico - La Quinta, CA 92253 May 8, 2003 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. Approval of Minutes of April 10, 2003 and April 14, 2003 B. Financial Report for April 2003 C. Department Report for March 2002 V. PUBLIC HEARING VI. BUSINESS ITEMS A. Annual Work Plan VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Spring Performing Arts Event B. Community Picnic Survey Results C. Update on Desert Dolmen Art Piece D. Letter from Gail Taylor VIII. COMMISSIONER ITEMS 1 � 9 81TI0011TA4M NEXT MEETING INFORMATION June 12, 2003 7:00 PM La Quinta Civic Center Study Session Room SACOMMUNITY SERVICES\CAC\AGN 05-08-03..DOC IV. iNSENT CALENDAR B. City of La Quinta Recap Arts in Public Places Available Funds 04/30/03 Deposits collected through development Interest earned City Contribution Total Sources Less expenditures: Operating expenses Maintenance expenses Art purchased Total Uses 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 -Movie Theater Art Work K.Emerson & A.Dematteis-Spray tower -Fritz Bums Park Civic Center Art Purchase Construction of Base for New Art Piece -City Hall City Entrance Monuments Obelisks Pilot Program -City Street Markers -Peter Urbon Civic Center Campus - Design Civic Center Campus - CIP Admin Civic Center Campus - Available Water feature/LQ Court -Manuel Mendoza Place/repaint Darroll art piece (donated, accepted by CC 6/19/01)-Fritz Burns Park Base for Reiman art piece (Wilderness Totem) -City Hall Residency Inn sculpture project -Bighorn Sheep -Bill Ware Omri & Boni Restaurant Art Piece (Desert Dolmen) Artist -Roger Hopkins Total Commitments - Art Purchases Total Commitments - Art Maintenance Total available funds 04/30/03 FY 2003 Cumulative Current through Year-To- O6/30/02 Date Total $1,502,683.23 $143,589.10 $1,646,272.33 211,275.19 $7,716.19 218,991.38 50,000.00 0.00 50,000.00 1,763,958.42 151,305.29 1,915,263.71 21,623.52 1,206.07 22,829.59 1,830.00 0.00 1,830.00 1,058,358.25 272,040.06 1,330,398.31 1,081,811.77 273,246.13 1,355,057.90 682,146.65 (121,940.84) 560,205.81 0.00 0.00 0.00 0.00 0.00 0.00 682,146.65 (121,940.84) 560 205.81 0.00 0.00 0.00 9,418.07 14,581.93 1,764.00 960.37 2,324.00 2,938.50 14,167.76 14,670.53 12,206.15 14,719.00 112,328.46 10,000.00 7,800.00 750.00 92,000.00 26,625.00 337,253.77 0.00 $222,952.04 5/2/2003 File: APP.WK4 - 9 City of La Quinta Arts in Public Places Recap Expenditures Inception to 04/30/03 Page 1 Operating Expenses: Expended Conference - Phoenix 07/24/92 Bank of America 821.66 07/31/92 Meg Robertson 244.08 $1,065.74 10/15/92 A.E.S. 23.70 O1/12/93 Jerry Allan 2,275.00 03/10/93 Regents - University of Calif. 105.00 03/31193 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 Charde Chapple Travel 325.21 O6130/98 Elaine Reynolds Travel 360.61 06/30/98 Rosita Shamis Travel 2,141.01 06/30/98 Susan BenayTravel 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 -Postage 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 O6/30/99 Susan Benay - Best Western 245.00 06/30/99 Ca Assembly of Local Arts -Membership 199.00 06/30/99 Welch/Reynolds - Americans for the Arts Reg. 600.00 06/30/99 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 -Membership 75.00 12/14/99 US Postmaster: Brochure 160.00 01/08/00 Arrow Printing - Brochures 1,636.75 O2111/00 Travel & Conference - Credit (931.64) 03/06/00 Americans for the Arts 150.00 5/2/00 U S Postmaster - postage 160.00 6/30100 Russell Jacques - Art Base 693.75 7/31/00 Russell Jacques - Art Base (693.75) 8/00 Maintenance -art piece -Hwy 111-DeMartino 500.00 8/00 Global Mural Conference 2000 100.00 8/00 U.S. Postmaster: Brochure 320.00 9100 Reclassify maint. to separate account (500.00) 2/01 Art Wall Certificates 268.81 8101 Freight, packing for sculpture 275.00 8/01 Reclass expenditures at year end (1,060.00) 11/01 Bruce Kribbs supplies - reclassified from General Fund 5/02 128.00 3/02 APP Supplies - reclassified from General Fund 5/02 55.50 10/02 Best Signs - (2)Dedication Bronze Plaques -Civic Center Campus 1,206.07 Total Operating Expenses $22,829.59 Art Maintenance Expenses authorized by Council: Expended 6/30/01 Total through 6130/01 (carried to Fiscal 2002) 1,060.00 6130/02 Total through 6/30/02 770.00 Total - prior years 1,830.00 Year to Date, Fiscal 2003 0.00 Total Art Maintenance Costs charged to APP $1,830.00 5/2/2003 File: APP.WK4 0 City of La Quinta Arts in Public Places Recap Expenditures Inception to 04/30/03 Art Purchases: 06/09/92 Adams/Truman PTA 07/31/92 Hwy 111 TDC - Paid 07/31/92 Hwy 111 TDC - Credits 07/31/92 Hwy 111 TDC - Future 12/15/1992 Ministrelli TT25429-Painted Cove -Air Motion -Bruce Thomas 04/14/93 Louis De Martino -Movie Theater Art Work 06/01/01 Louis De Martino -modifications -Hwy 111 Gem of the Desert O6129/94 K.Emerson & A.Dematteis-Gate-Fritz Bums Park 06/29/94 K.Emerson & A.Dematteis-Mosiac Tiles -Fritz Bums Park 06/29/94 K.Emerson & A.Dematteis-Spray tower -Fritz Bums Park 06/06/1995 Bear Creek Path Art Work-LQAF-Bear & Tile 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 Femandez-Playground Equip(Bus Shelter Panels) 06/17/97 Marcia Gibbons-L.Q. Car Wash -Mural 06/17/97 Eagle Hardware-Credk-Eagles 05/05/98 Washington St. Bridge-Navarrete/Holmes & Narver-Design 07/07/98 Landscaping for Artpiece-Hwy111/Wash. St-DeMartino Art Pieces 09/15/98 Washington St. Bridge-Navarrete/Holmes & Narver-Construction 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 -Peter Urbon 09/07/99 City Entrance Monument Right -of -Way (#655) 01/18/00 Civic Center Campus - Native American themes - P. Ladochy 01/18/00 Civic Center Campus - LQ Mountain range - B. Ware 01/18/00 Civic Center Campus - Sandy Swan - Bronze relief map 01/18/00 Civic Center Campus - Animal tracks - Sandy Swan 01/18/00 Civic Center Campus - Design O1/18/00 Civic Center Campus - CIP Admin 01/18/00 Civic Center Campus - Available 05/02/00 Construction of Base for New Art Piece -City Hall 02/O6/01 Water feature/LQ Court -Manuel Mendoza 02/01/01 Phase 1-Jefferson St Bridge Artwork -Design 07/03/01 Jefferson Bridge artwork -bridge railings -Construction 07/17/01 Placetrepaint Darroll art piece (donated, accepted by CC 6/19/01)-Fritz Bums Park 07/17/01 Base for Reiman art piece (Wilderness Totem) -City Hall 8/01 Point happy artwork project-Cahuilla Family -Felicity 11/01 Senior Center Art Mural 9/02 Residency Inn sculpture project -Bighorn Sheep -Bill Ware 01/07/03 Omri & Boni Restaurant Art Piece (Desert Dolmen) Artist -Roger Hopkins Total Art Purchases Page 2 Total Balance of Commitments Expended Commitments Number 846.00 $846.00 0.00 7.00 47,578.99 47,578.99 0.00 7.00 10,810.63 1,392.56 9,418.07 7.00 36,610.38 22,028.45 14,581.93 7.00 15,000.00 15,000.00 0.00 1.00 72,530.00 70,766.00 1,764.00 12.00 35,870.00 35,870.00 0.00 12.00 10,000.00 10,000.00 0.00 6.00 10,000.00 10,000.00 0.00 9.00 31,000.00 30,039.63 960.37 11.00 5,000.00 5,000.00 0.00 4.00 16,786.00 16,786.00 0.00 11.00 35,000.00 35,000.00 0.00 10.00 35,000.00 35,000.00 0.00 10.00 37,000.00 37,000.00 0.00 15.00 10,000.00 10,000.00 0.00 3.00 43,000.00 43,000.00 0.00 5.00 3,000.00 3,000.00 0.00 13.00 18,800.00 18.800.00 0.00 7.00 39,500.00 39,500.00 0.00 13.00 21,999.00 21,999.00 0.00 13.00 7,327.00 5,003.00 2,324.00 19.00 4,000.00 1,061.50 2,938.50 28.00 299,713.00 285,545.24 14,167.76 14.00 98,762.00 84.091.47 14,670.53 16.00 15,000.00 15,000.00 0.00 14.00 57,600.33 57,600.33 0.00 20.00 90,000.00 90,000.00 0.00 21.00 35.094.17 35,094.17 0.00 22.00 13,085.00 13,085.00 0.00 23.00 34,000.00 21,793.85 12,206.15 24.00 14,719.00 0.00 14,719.00 25.00 114,101.83 1,773.37 112,328.46 26.00 2,693.75 2,693.75 0.00 27.00 98,725.00 88,725.00 10,000.00 17.00 3,000.00 3,000.00 0.00 18.00 7,800.00 7,800.00 0.00 18.00 9,500.00 1,700.00 7,800.00 32.00 750.00 0.00 750.00 0.00 94.950.00 94,950.00 0.00 30.00 4,000.00 4,000.00 0.00 29.00 92,000.00 0.00 92,000.00 31.00 35,500.00 8,875.00 26,625.00 33.00 $1,667,652.08 $1,330,398.31 $337,253.77 5/2/2003 File: APP.WK4 11 City of La Quinta . Arts in Public Places Recap Expenditures Inception to 04/30/03 Number Artwork Expended 1 Air Motion -Bruce Thomas $15,000.00 2 Civic Art Purchase -General Fund $0.00 3 Desert Mural -Marcia Gibbons $10,000.00 4 Bear Creek Bike Path Art-LQAF $5,000.00 5 Eagles -Jeffrey Fowler $43,000.00 6 Gates at the Pool - Gateway to the Desert-DeMatteis $10,000.00 7 Gem of the Desert -De Martino $90,646.00 8 Kennedy Art Piece - Rotary Donation $0.00 9 Sidewalk Mosiac Squares - Dances with the Landscape-DeMatteis $10,000.00 10 Rancho La Quinta Don -Bill Ware $70,000.00 11 Spray Structure -In between Earth & Sky wtr life to all creatures-DeMatteis $46,825.63 12 Sun & Moon Beam-DeMartino $106,636.00 13 Washington St Bridge Railing-Navarrette $64,499.00 14 City Entrance Monuments -Ray Lopez $300,545.24 15 Bus Stop Metal Work -Art Fernandez $37,000.00 16 Obelisks -Peter Urbon $84,091.47 17 LQ Court Water Feature -Manuel Mendoza $88,725.00 18 Jefferson St Bridge Railing-Navarrette $10,800.00 19 Lizards - Civic Center Campus South Entrance -Steve Rieman $5,003.00 20 Civic Center Campus - Native American themes - P. Ladochy $57,600.33 21 Civic Center Campus - LQ Mountain range - B. Ware $90,000.00 22 Civic Center Campus - Tree of Life - Sandy Swan - Bronze relief map $35,094.17 23 Civic Center Campus - Animal tracks - Sandy Swan $13,085.00 24 Civic Center Campus - TDK Design $21,793.85 25 Civic Center Campus - CIP Admin $0.00 26 Civic Center Campus - Available $1,773.37 27 Art Base for R. Jacques Artwork $2,693.75 28 Art Base for Lizards Artwork $1,061.50 29 Senior Center Art Mural-LQAF $4,000.00 30 Point Happy Artwork Project -Felicity $94,950.00 31 Residency Inn Sculpture Project -Bill Ware $0.00 32 Place/paint Darroll art piece (donated, CC accepted 6/19/01)-F Burns Prk $1,700.00 33 Omri & Boni Restaurant Art Piece (Desert Dolmen) Artist -Roger Hopkins $8,875.00 Total Art Purchases to date 1,330,398.31 Page 3 5/2/2003 File: APP.WK4 12 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 $211,275.19 FY 2002/03 Interest YTD 7,716.19 Interest Through 04/30/03 218,991.38 Note: The City records interest earned on pooled cash quarterly. 5/2/2003 File: APP.WK4 - 13 CONSENT CALENDAR C. J GE. p`o OF TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR APRIL 15, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MARCH 2O03 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MAY 2003: May 1 *Beginning Ceramics Class May 2 *Estate Planning Seminar May 3 Catalina Island Excursion May 5 *Monthly Putting Contest May 5 *Scanning Computer Class May 6 *Braille Institute's Low Vision Services May 6 *Tap Dancing Lessons May 6 Hatha Yoga, Senior Center May 7 Vinyasa Flow Yoga, Senior Center May 7 *Sketching and Drawing Class May 7 *Digital Photography Computer Class May 8 *Cooking Class May 9 *Watercolor Painting Lessons May 12 *Photo Editing Computer Class May 13 *CPR Class May 15 *Hoedown Luncheon May 19 *HEAP Program Outreach Clinic May 20 *Free Hearing Consultations May 20 *AARP Driver Safety Program May 27 *Long -Term Care Seminar *Daytime Senior Center class or activity --14 • Community Services Department Attendance Report for the Month of March 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes 98 92 6 34 31 Special Events 60 66 -6 2 5 Adult Sports 415 327 88 19 55 Senior Center 2438 2382 56 169 153 Total 3011 2867 1" 224 2" Senior Services Senior Center 508 572 -64 13 11 Total 508 572 -64 13 11 Sports Complex Use AYSO 200 0 200 6 0 LQ Sports & Youth 1,600 1,500 100 24 30 Total 1,800 1500 300 30 30 Facility/Park Rentals Fritz Burns Park (Private Rental) 1 0 1 0 0 Civic Center Campus (Private Rental) 2 0 2 0 0 Total Programs 31 0 3 0 0 Volunteer Hours Senior Center 4971 1,050 -553 Total Volunteer Hours 4971 1,050 -553 Monthly Revenue Senior Center $ 9,601.00 $ 8,236.50 $ 1,364.50 Community Services $ 6,260.00 $ 5,597.00 $ 663.00 Total Revenue $ 16,861.00 $ 13,833.50 $ 2,027.50 Revenue Year to Date Senior Center $ 78,555.00 1 $ 69,458.50 $ 9,096.50 Services $ 61,398.00 $ 57,328.00 $ 4,070.00 .Community Total Revenue to Date $139,953.00 1 $ 126,786.50 $ 13,166.50 . 15 • Community Services Program Report for March 2003 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Leisure Classes Botanical Print Picture Making 2 0 2 1 0 Mastering Microsoft Excel 8 7 1 3 4 Mastering Microsoft Word 5 0 5 4 0 Quick & Easy Elegant Meals 13 0 13 1 0 Adobe Photoshop Elements 4 0 4 2 0 Let's Fondue 5 0 5 3 0 Herbal Hand Cream and Lip Balm 4 0 4 1 0 Great Sauces and Soups 8 0 8 1 0 Line Dance Lessons 17 0 17 4 4 Bell dance Lessons Tu. 8 0 8 4 0 Bell dance Lessons Th. 8 0 8 4 0 Italian for Travelers 7 18 -11 2 0 Ballroom Dance Lessons 9 0 9 4 0 Totals 98 25 73 34 8 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Special Events Tiny Tot Olympics 40 51 -11 1 1 Grass Volleyball Gig 20 15 5 1 1 Totals 601 66 -61 2 2 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 255 227 28 15 17 Adult Soccer League 160 100 60 4 5 Totals 415 327 88 19 22 Recreation Totals 1 5731 4181 1561 55 1 32 Page 2 16 a Senior Center Attendance ift Participation Participation VITIance Meetings Meetings 2 2003 TO02 Senior Activities ACBL Bride 306 274 32 4 4 Bridge, Duplicate/Social 641 668 -27 16 13 Ice Cream Social 19 34 -15 3 5 Monthly Birthday Party 32 39 -7 1 1 Monthly Luncheon 93 86 7 1 1 Movie Time 55 47 8 4 4 Putting Contest 10 8 2 2 1 Talent Show 146 0 0 1 0 Senior Activity Total 1302 1156 0 32 29 Senior Leisure Classes Arts and Crafts 33 26 7 4 4 Ballroom Dance 18 28 -10 4 6 Bridge Lessons 96 46 50 11 4 Ceramics 9 12 -3 4 4 Computer 65 5 60 29 12 Computer Tutor 2 6 -4 2 6 Cooking 10 16 -6 1 1 Dog Training Class 18 14 4 8 8 Exercise 59 58 1 13 13 Golden Tones 84 65 19 4 4 Jazz Guitar 5 0 5 1 0 Knitting 23 11 12 1 1 Painting 6 4 2 2 1 Quilting 49 14 35 4 2 Rug Hooking 19 8 11 5 4 Sketching/Drawing 20 0 20 4 0 Spanish 10 35 -25 4 6 Stained Glass 4 10 -6 3 4 Tai Chi 16 30 -14 4 4 Tap Dance 18 30 -12 3 4 Watercolor 10 9 1 3 4 Woodcarving 32 53 -21 3 5 Yoga 22 39 -17 7 4 Senior Leisure Classes Total 628 519 109 124 101 TOTAL SENIOR PROGRAMS 1930 1675 109 156 130 Senior Services AARP "55" Course 28 22 6 2 2 AARP Tax Aide 61 48 13 4 4 FIND Food Distribution 311 371 -60 4 4 I.I.D. Energy Assistance 36 34 2 n/a n/a I.I.D. Energy Assistance/No fee 2 4 -2 n/a n/a Legal Consultation 11 4 7 1 1 Medicare/Hi Cap Consultation 3 12 -9 2 n/a Volunteers 56 77 -21 n/a n/a TOTAL SENIOR SERVICES 508 572 .64 13 11 SENIOR CENTER TOTAL 24381 22471 451 169 141 -1'7 0 • VI. BUSINESS ITEMS A ti5 CULTURAL ARTS COMMISSION MEETING DATE: May 8, 2003 ITEM TITLE: Annual Work Plan RECOMMENDATION: As deemed appropriate by the Cultural Arts Commission. BACKGROUND AND OVERVIEW: Each year, the Commission is required to submit an annual work plan for City Council approval. This work plan outlines the tasks that the Commission would like to complete in the coming year. At the April 10, 2003 Cultural Arts Commission meeting, the Commission reviewed the work plan and asked that the item be continued to the May 8, 2003 meeting, in order to give the Commissioners an opportunity to add new events to the work plan. ALTERNATIVES: The alternatives available to the Commission are: 1 . Approve the Cultural Arts Commission 2003/04 Work Plan; or 2. Do not approve the Cultural Arts Commission 2003/04 Work Plan; or 3. ovide staff with alternate direction. I Dodie Horvitz, Corr munity Services Director Attachment A. 2003/04 Cultural Arts Commission Work Plan S:\Community Services\CAC\CACRPT.348.2003-04 Work Plan.doc 18 0 0 CITY OF LA QUINTA CULTURAL ARTS COMMISSION WORK PLAN 2003-04 Approved by City Council June 4, 2003 0 Cultural Arts Commission Work Plan July 2003 Task: Annual Work Plan Completion Date: May 2004 Participants: Commissioners Suggested Resources: Commissioners, Staff Commissioner Steps to Completion: Review existing assignments, and programs being offered by other Cities and organizations that offer cultural events • Suggest programs to fill any voids Commission Time: 1-2 hours per plan Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 2 20 Cultural Arts Commission Work Plan July 2003 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Placement of Public Art On -going Commissioners, Staff Commissioners, City Council, Residents • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Art placement subject to final City Council approval. Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 3 21 Cultural Arts Commission Work Plan July 2003 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Goal: Temporary Art Placement Program On -going Commissioners Commissioners, local artists and art galleries • Notify artists that the program exists Once requests have been received, work with developers/land owners and artists to select a site specific art piece for a location for City Council consideration Obtain Council approval 10 hours per project 4-6 hours None at this time Provide support and act as a liaison to City Council Review and approve site and artwork. Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement 4 -22 • • Cultural Arts Commission Work Plan Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: July 2003 Develop Public Art Program Information On -going Commissioners, Staff Staff, Commissioners, printed materials, activity calendars, lists of organizations • Work with City Council to determine the best method to inform the public about the locations of Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map 15-20 hours per month 6-8 hours per publication Costs would need to be determined for the printing Provide support and liaison with City Council Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 5 Cultural Arts Commission Work Plan July 2003 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources, and other appropriate organizations Commission Steps to Completion: Recommend for City Council consideration one proposed educational conference, workshops & possibly three events such as concerts, dances, puppet shows, chorale and mimes. • Participate in the annual Holiday Tree Lighting Ceremony and Artist Partnership Day • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council Solicit contributions to off -set the cost of the program as approved by the City Council Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $10,000 per event and up to a maximum of $40,000 per year for four events. Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events 6 -24 Cultural Arts Commission Work Plan July 2003 Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 7 25 • • Cultural Arts Commission Work Plan July 2003 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Goal: "Meet the La Quinta Artist" Annually Commissioners Commissioners, Staff, Residents, Media sources • Host an annual event in which La Quinta artists are invited to display their work, including artists of all medium, to be included with a cultural performance or workshop. 50 hours per event 50 hours per event None Provide support and act as liaison to City Council Provide direction, review and consider the program Chapter 2.75.040 0 0) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 26 VI1. JVR. & WRITTEN MATERIAL A La � 'Z c ceit!t 4 v S ti5 G�hI OF T1 9 CULTURAL ARTS COMMISSION MEETING DATE: May 8, 2003 ITEM TITLE: Spring Performing Arts Event BACKGROUND AND OVERVIEW: The Cultural Arts Commission hosted a "Concert Under the Stars" event on Friday, April 25, 2003 at the Civic Center Campus. Attachment A is a final budget for the ever t. W4'k Dodie Horvitz,? mmunity Services Director Attachment A: Budget for "Concert Under the Stars" SACOMMUNITY SERVICES\CAC\WRITTEN CORRSP. 05-08-03..DOC 2 7 ATTACHMENT A O 0o 00 w It O Co O 00 00 cO � O �— O ai ci ri 4 O Co In N 1� CO Rh (D N }, �- fA U O 0000000000000000000000000 0000000000000000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N r. CO M I� cM C6 (6 1 Lc N M M M O [F N N N N N N N N N N N N N N Q C. i C. C.. .U. C. C. Q Q Q Q�CQ�a��Qa QQaaaQaQQaQQ a) O -a U) +� U O `o CC o a� a� m e O C +, c U c, Y a' o w w cn o 000 0 O C U) o v� v, vi +r ,r O +� o cn �, 0 .n 'c T cn E E E cc°, •� E Q ca U, N cn c C cm rn °�' °�' a cn C7 o f c a t c w a a o a a rn O +� ++ C U _ U J C C J ` M O C N N N E tm m� N >co .0 t 7 7 O J m '- O CC O cm cn� E a C M (n "O "O 'O U W cn _N .M C C C •+, ca C `O ++ i V O O N U U U +, `- O O L c0 cd cC cd R3 O cc 2 n. _ = cn cn cn cn O 0 a 0L a. H 5 a a a. 0 a. a N tm O co O O i L? G� C E c O C C V 1 v 0 COOco C Ln M N N N C N m M M I- U C O e- d' t� M M e- M C� 7 O E N n t O M M U E v cvv 5 r- 00 O C14 (0 000 O O_ E c`o 0 W T- M M ��i cM M U U2 2 0 • 0 V- 00 Rt o N O V N O N .U> cM V- .U> 4j> 40 M M M M M M M M O O O O O O O 0 O O O O O O O 0 N N N N N N N N M (fl (O Ln r-: 1.: 00 d' .— r— V N T— V— N N aaaaaa� a E CL � o c � � •ai C cm cu •° a. a p E u `° v V IV - co +� ++ N c0 }' c0 O M U C U Q ` w— C C c`0 N O N Y +' E N O a O c6 O O ca 0 J J LL a. UI— N O N U) C N N N Q CC a cn cn 29 • • ATTACHMENT A CULTURAL ARTS COMMISSION Community Picnic Suggestions Cards April 26, 2003 7 Concerts in the Park 6 Water Park 5 More Shade in Parks 5 Outdoor Jazz Concert 4 Performing Arts Theater 4 Bring Back Street Fair 4 New Movie Theater 3 Ice Cream Parlor in Village 3 Main Street Market Place 2 Plays and Musical Events 2 Performing Arts for Kids 2 Hispanic Cultural Festival 2 Evening Summer Concerts 2 Educational Programs 2 Dances for Teens 2 Comedy Festival 2 City Parade 1 Shakespeare in the Park 1 Performing Pets 1 Party for Asian People 1 Native American Festival 1 Mural Painting and Family Activities 1 Multi -Cultural Concerts/Dances 1 More Holiday Events 1 More Art Shows 1 Memorial for Holocaust Victims 1 Farmers Market 1 Family Movie Nights 1 Earth Day Celebration 1 Consumer Electronics Show 1 Complete Historical Museum 1 Classic Rock Concert 1 Cinco de Mayo Event 1 Boat Show 31 VII. VVR. & WRITTEN MATERIAL C ti5 OF t9 CULTURAL ARTS COMMISSION MEETING DATE: May 8, 2003 ITEM TITLE: Update on Desert Dolmen Art Piece BACKGROUND AND OVERVIEW: The City Council approved the Commission's recommendation to fund the "Desert Dolmen,art piece to be located on the northeast corner of Washington Street and Lake LaQuinta Drive. After an Art Purchase Agreement was executed, the artist discovered that he was unable to secure the top section of the art piece securely and therefore could not have the plans signed by a structural engineer. Modifications had to be made to the art piece. Attachment A provides the staff report that was submitted for City Council consideration at the May 6, 2003 City Council meetin Staff wi provide a verbal update on this project at the May 8, 2003 Cultural Arts C mission Dodie Horvitz, Comm Attachment A: Services Director ert Dolmen" Staff Report S:\COMMUNITY SERVICES\CAC\WRITTEN CORRSP. 05-08-03A..DOC - - 3 2 • • ATTACHMENT A T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 6, 2003 CONSENT CALENDAR: STUDY SESSION: Consideration of Modification to Desert Dolmen Art Piece PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Should the City Council approve the recommended modifications to the Desert Dolmen art piece, there will be a reduction of price from the approved $35,500 to $35,000, for a savings of $500. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 21, 2003 City Council meeting, the City Council approved the Art Purchase Agreement with Roger Hopkins for the "Desert Dolmen" art piece to be located on the northeast corner of La Quinta Drive and Washington Street. The map of the site is provided as Attachment 1. The approved Art Purchase Agreement is provided as Attachment 2. The following is a description of the "Desert Dolmen" art feature: • Four granite stones: (three) six foot high black granite boulders which will be rough on the outside surface and inside of the sculpture, one stone will be placed as a roof, sitting upon the three upright stones • Sculpture will be structurally evaluated and plans signed by a structural engineer • Upright stones will be pinned into a concrete base 33 s • • Overhead stone will be pinned to the upright stones • Linkage will be provided by steel pins • Top stone will have an indent which will be polished corresponding to the seating stone underneath the roof • There will be a polished seating stone placed under the top stone • Carvings (petroglyphs) will be on the inside of the roof stone • Landscaping will be completed per conceptual plan • All utilities to support the landscaping are included as part of the art work • There will be a decomposed granite pathway leading to the art work, as provided in the conceptual plan As included in the art feature description, the art feature was to be evaluated and the plans signed by a structural engineer. After evaluation by a structural engineer, it was determined that the securing of the top stone would require a detailed structural plan as provided in Attachment 3. This plan would exceed the funds allocated in the project for engineering. Therefore, the artist is proposing a modification to the art feature, to remove the top cap of the feature. Attachment 4 provides a photograph of the art feature in a preliminary setting but reflects the general concept of the art feature as proposed. As provided for in the Art Purchase Agreement, section 1.2, paragraph 4, "The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A)." A change in the Scope of Design Build Services (Exhibit A) of the Art Purchase Agreement must be provided in writing. Attachment 5 provides a modification to Exhibit A of the Art Purchase Agreement for the City Council's consideration regarding the "Desert Dolmen" art feature. As provided in Attachment 6, the artist is proposing a $500 decrease in the project cost with the removal of the top stone. Attachment 7 provides the Schedule of Compensation (Exhibit C) of the Art Purchase Agreement with the modification to the payment schedule noted. Once the modification to the "Desert Dolmen" art feature is approved, the artist can S:\Community Services\CCReports\CC.254.Modification to Desert Dolmen Art Piece.doc 3 4 • 0 begin the installation of the art feature. The Schedule of Performance (Exhibit B) of the Art Purchase Agreement is provided as Attachment 8 with the change in schedule noted. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the modification to the "Desert Dolmen" art feature; or 2. Do not authorize the modification to the "Desert Dolmen" art feature; or 3. Provide staff with alternative direction. ully submitted, ie Horvitz, Co Attachments: unity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Site Map 2. Art Purchase Agreement 3. Correspondence from Artist 4. Photograph of Art Feature as Proposed 5. Modified Exhibit A of Art Purchase Agreement 6. Proposal from the Artist 7. Modified Exhibit C of the Art Purchase Agreement 8. Modified Exhibit B of the Art Purchase Agreement S:\Community Services\CCReports\CC.254.Modification to Desert Dolmen Art Piece.doc 3.5 U ATTACHMENT I A WASYM 1 7K yw-,. T .................. Art Work Location low ilk • ATTACHMENT 2 4 ZP a jecau ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 21# day of January 2003, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and Roger Hopkins, an individual (Artist). RECITALS A. A Developer is currently constructing a restaurant on the northeast corner of Washington Street and Lake La Quinta Drive. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist at the SITE LOCATION which is the terminus of the northeast corner of Washington Street and Lake La Quinta Drive (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. SACommunity Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page I of 19 37 The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement. Omri and Boni Restaurart.doc Page 2 of 19 38 • 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwork or notify the artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 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 Artist 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. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $35,500 (thirty five thousand, five hundred dollars). ARTICLE Il. TIME OF PERFORMANCE c•\r............:... c.r..:—\ a rr r., Alone\ A nr..m.nrel A,, D..rrhoe. n..r......nr n...r; .,.,A p,,.,; Page 3 of 19 39 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter - due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, Page 4 of 19 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc /� O acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other parry, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the parry claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or SACommunity Services\Art In Public Places\Agreements\Art Purchase Agreement. Omri and Boni Restaurant.doc Page 5 of 19 ELI similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seQ., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. e•\r,...,..,r..,:.., c.r..:,..e\ s.r t.. o..r,\:,. Dlo.•.e\ A n....n.nre\Orr P..rr{.ee. A nr......r.r n..,....,.� n,..,: A.e.o..ron. ,�,.,� Page 6 of 19 42 b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; Page 7 of 19 - 43 S:\Cnmmunity Services\Art in Puhlic Places\Aereements\Art Purchase Aareement. Omri and Bnni Restaurant.dnc • 0 C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. has status as the City's employee or has any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, and all of the exhibits attached hereto, embodies the entire S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement. Omri and Boni Restaurant.doc Page 8 of 19 WA Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been n A Al�Page 9 of 19 A 5 c a r. r •\r,,...r.....,:r.. c.r,,;�..\Y.v..ti�;� n.c\ A nr..m.nrc\ A r u r�r.ti.,.. nr......nr n..,r..,...+ ,.n: o..r.,,.r.,.,r n,.. `'� duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Artist, to: Roger Hopkins 44489 Town Center Way, Suite D Palm Desert CA 92260 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including either of their subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City Page 10 of 19 4 6 c •\(`nre renn:r,, c...,:,...\e.r In Anhl:r Plor.clAnr......nr.\Arr a.�.,.ti.,.. An....n.nr n....r —An,,.,: v..r.,...,..r A— may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining c•�r,...,..,�..,:.,, co.,,:r.o�e.. r., a.r,r., in-0s,..........r.xArt a..,.r„.. s,........... n..,.:.,..n A,..,; v...,...— a— Page I of 19 47 0 0 provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation By: THOMAS P. GENOVESE, City Manager City of La Quinta, California ATTEST: JU GREEK, City Clerk — City of La Quinta, California W• Page 12 of 19 c•\r,...,...r�.,:r., cA..,:,..r\ e.r t., n�.tii:,• Plor.r\ a n.o..nnnrr\err P.�rrl.orn a �rA...,..., n....: —AAn..: APPR00%%VED AS TO FORM: 2 M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTI Roger Apkins S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement. Omri and Boni Restaurant.doc Page 13 of 19 49 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist 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. 3. Artist 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 Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. 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. Artist 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. Artist 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. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the 50 SACommunity Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 14 of 19 Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION The Artwork consists of: Four granite stones: (three) six feet high black granite boulders which will be rough on the outside surface and inside of the sculpture, one stone will be placed as a roof, sitting upon the three upright stones Sculpture will be structurally evaluated and plans signed by a structural engineer Upright stones will be pinned into a concrete base Overhead stone will be pinned to the upright stones Linkage will be provided by steel pins Top stone will have an indent which will be polished corresponding to the seating stone underneath the roof There will be a polished seating stone placed under the top stone Carvings (petroglyphs) will be on the inside of the roof stone Landscaping will be completed per conceptual plan All utilities to support the landscaping are included as part of the art work There will be a decomposed granite pathway leading to the art work, as provided in the conceptual plan SACommunity Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 15 of 19 .51 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 45 days to complete the fabrication of the Artwork. Work will commence during the month of January 2003 and completed, installed and functioning by March 2003. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 16 of 19 52 • E PRICE: Basic Contract: Total Not to Exceed EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENTS: First payment due upon approval of Art Purchase Agreement (25%) Second payment due upon installation of first upright stone (25%) Third payment due upon completion of sculpture (25%) Final payment due upon filing Notice of Completion (25%) $35,500 $35,500 $8,875 $8,875 $8,875 $8,875 S:\Community Services\Art In Public Places\Agreements\Arc Purchase Agreement, Omri and Boni Restaurant.doc Page 17 of 19 53 • EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: La Quinta Court Art Feature WHEREAS, by that certain Art Purchase Agreement dated , 2003 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Roger Hopkins (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2003. CITY OF LA QUINTA, a California municipal corporation by: S:\COMMUNITY SERVICES\ART IN PUBLIC PLACES\AGREEMENTS\ART PURCHASE AGREEMENT, 0MR1 Pmqd8 ifom ^ 5 4 RESTAURANT.DOC -SITE i3OCATIp►N.MA3'.".Lu w .M1 , '-7` ley::•"r;sFiFf A. y Y {' t S:\COMMUNITY SERVIC RT'- '. RESTAURANTMOC ATTACHMENT 3 Dodie Horvitz From: Roger Hopkins [rhopkins@rogerhopkins.com] Sent: Wednesday, March 12, 2003 5:03 PM To: Dodie Horvitz Subject: La Quinta proposal 03-12-03 Dear Dodie, We have finally worked out a system which Dennis Wish feels will work for the engineering of the upright stones and provide a margin of safety for the public. The only change to the budget will be an addittional $1500 for Dennis' services as he has spent a great deal of time on this project already and still has the drawings to do. For my part , I will not ask for more even though the anchoring is more complex . There is some saving to me in the rejection of the capstone, this I can use for the new requirements I will have to meet. 56 3/13/2003 rage 1 01 1 Subj: revised plan Date: 2/28/03 11:30:57 PM Pacific Standard Time From: rhopkins@rogerhopkins. corn (Roger Hopkins) To: elseloudon@aol.com File: Newproposal.jpg (126914 bytes) DL Time (49333 bps): < 1 minute Dear Else, Please excuse this hasty sketch. Dennis Wish has been working on the structural design of our art piece and has come to the conclusion that it would not withstand a severe earthquake and perhaps not even a moderate one. Therefore, I will have to either create a barrier so that people can not approach the art piece or I can eliminate the top stone. Since the object of public art is that people can interact with the piece, it makes sense to open it up and make it a more inviting piece. To do this I will keep the upright stones and place a larger stone in the center (which will be polished). This polished stone will act as a sitting stone and will be hollowed out beneath to accommodate a light which will cast rays of light radiating out through very narrow slits at the base of the stone. Roger Hopkins Sculptor & Stone Imports 44489 Town Center Way Suite D Palm Desert, California 92260 http://www.rogerhopkins.com/ ---------------------- Headers ---------- - Retum-Path: <rhopkins@rogerhopkins.com> Received: from rly-xh03.mx.aol.com (rly-xh03. mail. aol. com [172.20.115.232]) by air-xh05.mail. aol.com (v90_r2.5) with ESMTP id MAI LI NXH52-0301023057; Sat, 01 Mar 2003 02:30:57 -0500 Received: from scaup. mail. pas. earthlink. net (scaup.mail. pas. earthlink. net [207.217.120.49]) by riy- xh03.mx.aol.com (v90 r2.6) with ESMTP id MAI LRELAYI NXH33-0301023027; Sat, 01 Mar 2003 02:30:27 - 0500 Received: from sdn-ap-007caburbp0391.dialsprint.net ([63.184.65.137] helo=rogerhopkins) by scaup.mail.pas.earthiink.net with esmtp (Exim 3.33 #1) id 18p1 R8-0003GW-00 for elseloudon@aol.com; Fri, 28 Feb 2003 23:29:34 -0800 Message-ID:<002701c2dfc4$4749d400$8941b83f@rogerhopkins> From: "Roger Hopkins" <rhopkins@rogerhopkins.com> To: <elseloudon@aol.com> Subject: revised plan Date: Fri, 28 Feb 2003 23:29:20 -0800 MIME -Version: 1.0 Content -Type: multipart/mixed; boundary="----=_NextPart_000_0023_01 C2DF81.3833F6A0" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2720.3000 X-MIMEOLE: Produced By Microsoft MimeOLE V6.00.2600.0000 Monday, March 03, 2003 America Online: E1seLoudon 57. AN N , •Y � '' : I �" is _ �'ttt -17 i r- �TN i ' ' j'^ r,i �}�ti.. � of � \� ,� i li' � 7'R-•.. f 1 d... - 4 � ��+ +•• y� � t +�f � �_. ., 1 ��L i 11K - � tiff 'y, ,�. +.. At` -,Ay y 4i o Ir 1, �' ti '� * �` ' .� ;'*„ ♦ +ill. i t_ } 1�_�+�.�„� .,4,r{ � 1-rY.- � k• 4 ',- .r +°' mow-. y + .r ,;,+b !�: _ • ATTACHMENT 5 EXMBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist 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. 3. Artist 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 Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. 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. Artist 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. Artist 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. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 14 of 19 59 0 • Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: FeUF Three granite stones: (three) six feet high black granite boulders which will be rough on the outside surface and inside of the sculpture, Sculpture will be structurally evaluated and plans signed by a structural engineer Upright stones will be pinned into a concrete base Over -head stone will be pinned to the upr-ight stones Linkage will be provided by steel pins Top stone will have an indent whieh will be polished e0ffespond- the seating stone underneath the Foof There will be a polished seating stone placed under the top stone Landscaping will be completed per conceptual plan All utilities to support the landscaping are included as part of the art work There will be a decomposed granite pathway leading to the art work, as provided in the conceptual plan S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 15 of 19 60 ATTACHMENT 6 0 www. KogerHop65.com Koger Hopkins - Sculptor Stone imports 49.489 Town Center Way Suite D Palm Desert, Califomia 92260 Mo61le : (978) 828 3605 e-mail: r6opkinsorogerhopkins.com City of La Quinta 78-+95 Calle Tampico La Quinta, CA 92253 KE- : "Desert Dolmen" for Qmri & boni's F ngineering Stones Crane anti Transportation Concrete and Misc. Lighting Labor & Sculptor's ree Total April 1 o, 2oo3 $3500 $3000 $2000 $5000 $20000 $35000 '61 0 9 ATTACHMENT 7 EXIIIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: $35�500 $359000 Total Not to Exceed $35,500 $35,000 SCHEDULE OF PAYMENTS: First payment due upon approval of $8,875 Paid 1/31/03 Art Purchase Agreement (25%) Second payment due upon installation $8,875 $89708.34 of first upright stone (25%) Third payment due upon completion of sculpture $89875 $8,708.33 (25%) Final payment due upon filing Notice of Completion $8,87-5 $89708.33 (25%) S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 17 of 19 ATTACHMENT 8 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 45 days to complete the fabrication of the Artwork. Work will commence during the month of Jury- May 2003 and completed, installed and functioning by March July 2003. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. 63 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 16 of 19 VII. JVRR. & WRITTEN MATERIAL D Gail Taylor 52910 Avenida Velasco La Quinta, Ca 92253 April 27, 2003 Cultural Arts Commission City of La Quinta P.O. Box 1504 La Quinta, Ca 92253 As a participating artist in the "Meet the La Quinta Artist" program, I want to take this moment to commend you in your efforts to permit the local artists to display their work to the public. I enjoyed meeting several people in the area and talking about my work. I spoke with other local artists who did not partake in the event, and were disappointed they weren't notified of this opportunity. Maybe, in the future efforts to expand this program, more publicity would be appreciated. Another suggestion would be to have this on a Saturday or Sunday, where more people could attend. Friday is the end of the work week for most, and "rushing home" to feed the kids,etc., can be very stressful, and Saturday and Sunday are days to plan the weekend, thus "let's go to the park and enjoy the events". Sirlee"rely, Tail Taylor (760) 771 2783 M z- FN nt 10 \ INTENT TO SPEAK FORM I WOULD LIKE TO SPEAK ON THE FOLLOWING AGENDA ITEM: _ PUBLIC COMMENT: RE: �.- AGENDA ITEM NO.: PUBLIC HEARING NO.: I AM IN SUPPORT OF THIS ITEM I AM IN OPPOSITION TO THIS ITEM WRITTEN COMMENTS: (Optional) n.4 RE: PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES WHEN SPEAKING!! DATE: JT b NAME: (Please Pnnt) ADDRESS: Idj. - W RETURN THIS FORM TO THE RECORDING SECRETARY -BEFORE THE MEETING BEGINS. THE CHAIRMAN WILL CALL YOUR NAME AT THE APPROPRIATE TIME. THANK YOU! FORM.018