Robertson, Dick - Bronze Ram Skull Sculpture Art DonationMEMORANDUM,
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DATE: 10/06/2022 - - - --
TO: Jon McMillen, City Manager
FROM: Michael Calderon, Community Resources Analyst
RE: ART DONATION AGREEMENT WITH DICK ROBERTSON FOR BRONZE RAM
SKULL SCULPTURE BY ARTIST JACK ZAJAC.
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on 9/20/2022
-Q City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
ElDepartment Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
E] Bid F RFP F-1 RFQ F-1 3 written informal bids
QSole Source F-1 Select Source 1-1 Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
-Q Agreement payment will be charged to Account No.: n/a
J� Agreement term: Start Date n/a End Date n/a
Amount of Agreement, Amendment, Change Order, etc.: $ n/a
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
L Insurance certificates as required by the Agreement for Risk Manager approval
NOTE:
MM
Approved by:
n/a
Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. n/a Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
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GEM ofthe DESERT — —
ARTWORK DONATION POLICY
Dear Art Donor,
Thank you for considering the City of La Quinta to donate artwork. The City prides itself on
enhancing the arts and culture of the community and adding new art pieces for all to enjoy
strengthens this goal. Art donations made to the City by local artists, residents, or in memory
of loved ones are greatly appreciated by the City Council.
Although the City would like to accept all donations provided to them, it is simply not possible.
The City has limited space for public display as well as storage capacity.
Please consider the following items in contributing to the Art Donation Program:
• The donated artwork will become property of the City except art loaned to the City. The
City will not be liable for any damages, loss or theft of the art piece once it has been accepted
by the City, and loaned art must be approved under contract with the City.
The determination for the City Council to accept the artwork will be based on a number of
criteria including but not limited to appropriateness of the art, condition of the art, ongoing
maintenance, and storage and location availability.
If this is a Memorial Art Donation, the City Council requests a twelve month "waiting period"
before considering the artwork for donation. The person being memorialized must have
been a resident of La Quinta. When an individual or group is interested in making an art
donation in a person's memory, the donor(s) must submit a letter to the City Council for
consideration. The City Council will consider whether or not to accept the artwork and, if
the City Council wishes to accept the artwork, determine a location.
• The City will pay for any further restoration, storage and ongoing maintenance and repair.
• The decision to accept or deny the artwork will be made by the City Council.
• The City will retain the right to terminate the display of the artwork. If the City determines
to dispose of the artwork, it may do so as it deems appropriate and shall have no obligation
to notify the donor of the intended disposition.
The Artwork Donation Program is established to enhance the art and culture of residents by
placing art in public facilities to be enjoyed by all.
Please fill out the attached form for donation of art to the City of La Quinta. The City reserves
the right to make modifications or alterations to this program as deemed appropriate. For
additional information, please contact the Community Resources Department at (760) 777-
7014.
ARTWORK DONATION POLICY
Adopted by the City Council December 20, 2016 Page 1 of 3
DONOR INFORMATION
Name:
Mailing Address: �V ,uG -Y N6
City: C--v-c /x)o
Telephone: (Q9 ) �&
State: G4- zip:
FAX: ( )
Email: D 16:-K 130 / o (9 AAG ' 64A�
Preferred Locations):
Information about artwork being donated: 1/
Type: S)C-426A��/a/✓ Artist/ wner:✓!` ,¢ CC
Artwork Title: Q d�,� SG�L
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Special care instructions:
Additional Information Needed for Memorial Donations: p
Name of person being memorialized: -5 ��iV ( DZ'D
Date Deceased: / / // / 1� V,
Time frame the person was a City of La Quinta resident:
From: ;, 46
To: -,a 01 -�-%
Donor's understanding, acceptance, and signature:
I, K I ,C MAfD l ` �AW� (print name),
the City of La Quinta's Artwork Donation Program.
with all the terms as specified herein, and will no
any damages or theft my nated artwork mays
facilities. I understand t oncethe dpnation tal
in the artwork, and
Donors Signature;
have read the information regarding
I understand, accept, and will comply
� hold the City of La Quinta liable for
offer while housed in one of the City's
repted/I no longer have any interest
Mr*-d51tseems fit.
Date:
ARTWORK DONATION POLICY
Adopted by the City Council December 20, 2016 Page 2 of 3
CITY OF LA QUINTA USE ONLY
Date considered by City Council: 9/20/2022
Approval/Acceptance of artwork: Yes x No
Location approved/determined by City Council: TBD City Park or Facility
Date of Donation: 9/20/2022
Estimated Cost of Installation: $5,000410,000
Payment Received: n/a
Residency Requirement Met: Yes
Plaque Ordered:
Artwork Delivered & Installed:
Plaque Installed:
Donor Notified:
ARTWORK DONATION POLICY
Adopted by the City Council December 20, 2016 Page 3 of 3
ART DONATION AND ACCEPTANCE AGREEMENT
This Art Donation and Accept nc Agreement (the "Agreement") is
entered into this . day of S ,422, by and between the City of La
Quinta ("City") and Richard obertson, ("Donor").
WHEREAS, the City wishes to accept and the Donor wishes to donate an
artwork more fully described in Exhibit "A" attached hereto and incorporated
herein by this reference; and,
WHEREAS, the City desires to increase public awareness and exposure
to the arts in a cost effective manner for the general welfare and benefit of
the City's residents; and,
WHEREAS, the Donor is interested in making the donation to the City to
be displayed at a City facility or public park.
NOW! THEREFORE, the parties hereto agree as follows:
1. The City shall accept the donation of the artwork described in Exhibit
"A.
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2. Donor agrees that the City shall place the artwork at a City facility or
public park.
3. Donor agrees to special considerations described in Exhibit "B."
4. This Agreement, consisting of 4 pages and 2 exhibits, embodies the
entire Agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and
superseded hereby, except as set forth hereinabove.
5. 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.
6. No waiver of performance by either party shall be construed as or
operate as a waiver of any subsequent default of any terms, covenants
and conditions of this Agreement.
7. This Agreement, regardless of where executed or performed, shall be
governed by and construed in accordance with the laws of the State of
California.
8. In addition to any other rights or remedies and subject to the restrictions
otherwise set forth in this Agreement, either party 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.
9. 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, incurred by the prevailing party in
connection with the legal action or proceeding.
10. This Agreement shall be binding upon and shall inure to the benefit of
the City and the Donor, and their respective heirs, personal
representatives, successors and permitted assigns.
11. 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 duly given upon the delivery
or receipt thereof, as the case may be, if delivered personally or sent by
registered or certified mail, returned receipt requested, postage prepaid,
as follows:
To the City: City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
To the Donor: Richard Robertson
4095 Valley Meadow Rd.
Encino, CA 91436
760-285-9988
12. With respect to acts, errors or omissions in the performance of Donor's
obligations hereunder, Donor 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 Donor's
(including its subcontractors, agents, employees, assigns or licensees)
negligent and/or willful acts, errors or omissions in the performance of
Donor's obligations under this Agreement.
13. With respect to acts, errors or omissions in the performance of the City's
obligations hereunder, the City agrees to indemnify and hold harmless
Donor 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first written below.
Date 2—
ATTEST:
MONIKA RADEVA, City clerk
City of La Quinta, California
APPROVED AS TO FORM:
CITY
CITY OF LA QUINTA, a California
municipal corporation
By: - -
___J N CMILLEN, City Manager
City of La Quinta, California
IV �/� - Y�- , /,�,
r
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Date J ��
EXHIBIT "A"
DESCRIPTION OF ARTWORK
The donated art piece is a bronze ram skull by artist Jack Zajac weighing
approximately 500 pounds. The dimensions of the art piece are 30" x 26" x
54" and it is valued at $32,00.
EXHIBIT "B"
SPECIAL COSIDERATIONS
1. Recovery of the art piece:
a. If for any reason the donated art piece will be removed from the
Art in Public Places collection, City agrees to notify Donor of this
decision. Upon notification, Donor will have 10 calendar days to
recover the donated art piece at Donor's expense. After 10 days
have ended, City will remove the donated art piece and dispose
of it.
CONSENT SESSION ITEM NO. 4
City of La Quinta
COMMUNITY SERVICES COMMISSION: September 20, 2022
STAFF REPORT
AGENDA TITLE: ACCEPT ART DONATION FROM DICK ROBERTS TO BE
INCLUDED IN THE CITY'S ART IN PUBLIC PLACES COLLECTION - BRONZE
RAM SKULL SCULPTURE BY ARTIST JACK ZAJAC
RECOMMENDATION
Accept art donation from Dick Roberts, to be included in the City's Art in Public
Places collection, consisting of a bronze ram skull sculpture by artist Jack
Zajac.
EXECUTIVE SUMMARY
• Dick Roberts is a local art collector who has offered to donate a bronze
ram skull sculpture created by artist Jack Zajac.
• Jack Zajac's work has been displayed in galleries all over the world
including the Getty Museum in Los Angeles, Museum of Modern Art in
New York, and Schneider Gallery in Rome, Italy.
• The sculpture is valued at $32,000.
• On September 12, 2022, the Community Services Commission
recommended Council consider acceptance of this art donation.
FISCAL IMPACT
If approved, site preparation costs will be approximately $9,500-$10,000.
Funds are available in Art in Public Places (Account No. 270-0000-60683).
BACKGROUND/ANALYSIS
Dick Roberts is a local art collector who has offered to donate a bronze ram
skull sculpture by artist Jack Zajac to the City's Art in Public Places collection.
The sculpture is valued at $32,000, is 30" high, and weighs approximately 500
pounds. Jack Zajac is most associated with the Romantic Surrealist tradition
and his collection of bronze sculptures resembling animal skulls.
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His work has been featured in museums all over the world including the J Paul
Getty Museum in Los Angeles, the Museum of Modern Art in New York, the
Honolulu Museum of Art in Hawaii, as well as galleries in Chicago, London, and
Rome. The donated sculpture will be a unique addition to the City's diverse
public art collection. Potential locations for the art piece include SilverRock
Park, the Cultural Campus, or a roundabout. On September 12, 2022, the
Community Services Commission voted unanimously to recommend this art
piece for Council review and approval.
ALTERNATIVES
Council may choose to not accept this donation.
Prepared by: Michael Calderon, Community Resources Analyst
Approved by: Christina Calderon, Community Resources Manager
Attachment: 1. Photographs of the Art Piece
ATTACHEMENT 1
PROFILE OF RAM SKULL
CLOSE UP
(BACK OF SKULL)
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