2024-27 CJ Rench - Temp Artwork Loan (3 Sculptures)MEMORANDUM
DATE: November 6, 2024
TO: Jon McMillen, City Manager
FROM: Michael Calderon, Management Analyst
Cv 0"&V
CALIFORNIA -
RE: CJ Rench - Temporary Art Loan Agreement - 3 Sculptures in SilverRock Park
Please list the Contracting Party / Vendor Name, 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 July 18, 2023 Consent Calendar No. 10
❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
❑ Department Director's or Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less.
Procurement Method (one must apply):
❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids
.❑ Sole Source ❑ Select Source ❑-1 Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
❑✓ Agreement payment will be charged to Account No.: 270-0000-74800
❑✓ Agreement term: Start Date November 2024 End Date November 2026
❑✓ Amount of Agreement, Amendment, Change Order, etc.: $ 6,750
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual
Amendments or Change Orders!
NOTE:
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: City Insurance Covering Artwork -OM Date: 11/7/2024
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 700 is required pursuant
FPPC regulation 18701(2)
Business License No. LIC -0112205 Expires: 5/25/2025
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AGREEMENT FOR TEMPORARY LOAN OF ARTWORK
This Temporary Loan Agreement ("Agreement") is entered into this 8 day of
November 2024, by and between the City of La Quinta, a California municipal
corporation and charter city ("City"), and CJ Rench ("Artist"). The City and Artist are
periodically individually referred to herein as "Party" and collectively as "Parties."
RECITALS
WHEREAS, Artist is the owner of the Artwork described in this Agreement; 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, City and Artist desire that City temporarily have custody and
possession of the Artwork for the purposes of public display and enjoyment; and
WHEREAS, the City wishes to accept and the Artist wishes to loan on a temporary
basis the Artwork; and
WHEREAS, the Parties desire by this Agreement to provide for the Parties'
respective interests in the Artwork and for procedures and understandings governing its
use, custody, protection and public enjoyment.
TERMS
NOW, THEREFORE, the Parties hereto agree as follows -
1 .
ollows:
1. Description of Artwork. This Agreement pertains to the loan of three (3)
original sculptures (collectively referred to in this Agreement as "Artwork". The Artwork is
more fully and specifically described in Exhibit "A," attached hereto and incorporated
herein by this reference, with reference to their titles, types of work, the approximate size
of each, the appraised value of each, and whether they are dated, signed, and framed.
2. Duration of Loan. The City shall accept the temporary loan of Artwork
described in Exhibit "A" for a period of three (3) years, commencing on the date of
installation, to be memorialized by City via a written Notice of Acceptance, as set forth in
Exhibit "D," attached hereto and incorporated herein by this reference, and ending on the
loan termination date, to be set within three (3) years from the Notice of Acceptance (the
"Loan Period"). The Loan Period may be shortened or lengthened in duration by mutual
agreement between the Artist and the City.
3. Location of Artwork. The Artist agrees that the City shall have sole and
absolute determination as to the location and placement of the Artwork. In the event Artist
does not approve of the proposed location, Artist may cancel this Agreement.
4. Transport and Installation. All transportation of the Artwork to the City's site,
and proper installation, shall be the responsibility of the City. The City shall bear the
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reasonable cost of such transportation and installation. "Reasonable costs" means those
sums set forth in Exhibit "B," attached hereto and incorporated by this reference. At the
conclusion of the loan duration, the City is responsible for removing the Artwork from the
pedestals. Artist is responsible for transporting the Artwork off the premises.
5. Loan Fee. The City agrees to pay Artist a total not to exceed amount of
$6,750 (Six Thousand Seven Hundred Fifty Dollars) for the duration of the loan period as
specified in this Agreement and as outlined in attached Exhibit "C" incorporated herein by
this reference.
6. Condition. Use. and Care of Artwork. Artist certifies that the Artwork is in
good condition unless and except as specifically noted. During the Loan Period, City shall
not loan the Artwork for exhibition or other usage away from the City site without the prior
written consent of the Artist. Upon termination of this Agreement, City shall return the
Artwork to Artist in as good condition as when City took possession thereof, ordinary wear,
tear, degradation, and inherent vice excepted. While the Artwork is in the possession and
care of City, the Artist shall provide City with written instructions for appropriate
maintenance of the Artwork. During the Loan Period, the City shall be responsible for the
maintenance of the Artwork.
7. Insurance for Artwork. The City shall insure the Artwork against damage or
loss in the amount of $54,500, which the parties agree is the fair market value of the
Artwork and the extent of the City's liability in the event of damage or loss. The City's
obligation to provide insurance is solely for the duration of the Loan Period and only while
the Artwork is located on the City's property, excluding installation and de -installation.
8. Termination. In the event that the City determines, at its sole discretion, that
it no longer desires to display the Artwork, then the City may terminate this Agreement
upon a thirty (30) days notice to the Artist, and the Artwork shall be removed by the Artist
in accordance with the terms stated in Section 4 within twenty-one (21) days of the Notice
of Termination by the City. City shall have the right to dispose of the Artwork if it has not
been removed pursuant to the Notice issued under this paragraph, or within 30 days after
the expiration of the Loan Period where no early termination notice is provided. Such
failure to remove the Artwork shall be deemed to convert the temporary loan into a
permanent donation with the City obtaining full title to the Artwork.
9. Title to Artwork. Except as provided in Section 9 below, the Artwork shall
remain the property of the Artist. However, by virtue of this Agreement, the City is entitled
to custody and possession, and the Artist agrees to relinquish custody and possession of
the Artwork for the Loan Period described in Section 2 above. 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 custody and possession, except as such rights are limited by
this Agreement.
10. Sale of Artwork. The Artist may sell the Artwork during the term of this
Agreement and,
no circumstancE
if sold, may assign his/her rights under this Agreement.
shall sale of this Artwork terminate this Agreement or
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However, under
adversely affect
the City's rights hereunder including, but not limited to, the City's right to custody and
possession. The Artist shall notify the City immediately upon sale of the Artwork.
11. Warranty of Title and Rights of City. Artist warrants that he/she is the creator
and owner of the Artwork, that to the best of his/her/their knowledge the Artwork is not
presently subject to claims of ownership, lien or encumbrance or to common law or
statutory copyright claims of any other person, institution, or domestic or foreign
government, and that Artist has complied with all applicable domestic and foreign customs
and export/import regulations. The Artist hereby grants to the City, in perpetuity, the right
to photograph, film, videotape, or otherwise depict the Artwork at any time during the Loan
Period and to use such photographs, film videotapes or depictions at any time thereafter
for purposes of promotion relating to the exhibition or the City, provided the City gives
artistic credit to the Artist concurrently with such uses.
12. Credit Line and Identification of Artist. During the Loan Period, the City shall
install and maintain a plaque near the Artwork identifying the Artist. In addition, in any
public announcements or promotion of the exhibit or the City that utilize images of the
Artwork, the City shall use the following credit line for the Artwork: ["Graceful", "Us Three",
"Tranquil" by CJ Rench, on loan to City from the Artist"].
13. Integration. This Agreement, consisting of nine (9) pages and four (4)
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 in this Agreement.
14. Amendment/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.
15. Non -Waiver. 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.
16. Governing Law. This Agreement, regardless of where executed or
performed, shall be governed by and construed in accordance with the laws of the State
of California.
17. Venue. 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.
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18. No Personal Liability. No elected or appointed official, employee, or agent
of the City shall be charged personally with any liability under any term or provision of this
Agreement.
19. Attorneys Fees. 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.
20. Binding. This Agreement shall be binding upon and shall inure to the benefit
of the City and the Artist and their respective heirs, personal representatives, successors
and permitted assigns.
21. 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 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
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Attn: Community Deputy Services Director
To the Artist: CJ Rench
1451 Barker Rd.
Hood River, OR 97031
22. Severability. If any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal, void, or unenforceable, that term shall be severed
from and shall not affect the validity and enforceability of the remaining portions of this
Agreement.
23. Headings. The paragraph headings herein are used only for ease of
reference, and do not limit, modify, construe, or interpret any provision of this Agreement.
24. Assignment. This Agreement may not be assigned, either in whole or in part,
by either party without the express written consent of the other, in advance. The assignee
under any permitted assignment shall have all the rights and remedies of the original
parties insofar as the same are assignable.
25. Execution of Agreement. The persons executing this Agreement on behalf
of each of the parties hereto represent and warrant that (i) such party is duly organized
and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf
of said party, (iii) by so executing this Agreement, such party is formally bound to the
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provisions of this Agreement, and (iv) that entering into this Agreement does not violate
any provision of any other agreement or contract to which said party is bound.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
respective dates set forth below.
CITY OF LA QUINTA
a California municipal corporation
,KMILLEN, City Manager
of La Quinta, California
Dated: i I /-I /W "'+
ATTEST:
MONIKA RADE\k4, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
j
WILLIAM H. IHRKE, City Attorney
City of La Quinta, Califomia
51
CJ RENCH
Artist
J Rench, Artist
Dated:—/./,Z
DESCRIPTION OF ARTWORK
The Artwork consists of three (3) original CJ Rench sculptures:
1. "Caught Up II" — 2201b, 8ft tall, 7ft wide (stainless steel)
2. "Graceful" — 801b, 10ft tall, 7ft wide (stainless steel)
3. "Lively" — 1501b, 7ft tall, 5ft wide (stainless steel)
m
I*MIMM
REASONABLE COSTS
Reasonable costs for installation of the artwork are estimated at Five Thousand Dollars
($5,000.00) and include the following:
• Removing the Artwork from its current location and transporting it to SilverRock
Park located at 51900 SilverRock Way, La Quinta, CA 92253.
• Attaching the Artwork to designated art pedestals and properly securing them as
per the City Engineers specifications and requirements.
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EXHIBIT "C"
LOAN FEE
The Artist shall be paid an Artwork Loan Fee not to exceed $6,750 (Six Thousand Seven
Hundred Fifty), and paid as described in the fee schedule below:
Artwork Loan Fee Year 1
Loan Fee Year 2
Loan Fee Year 3
Total
Caught Up II $750
$750
$750
$2,250
Graceful $750
$750
$750
$2,250
Lively $750
$750
$750
$2,250
Grand Total: $6,750
The City shall pay $5,250 within 30 days of the execution of this Agreement. The
remaining balance of $1,500 shall be paid at the conclusion of the loan duration.
in
NOTICE OF ACCEPTANCE
ENTER DAT
CJ Rench
1451 Barker Rd.
Hood River, OR 97031
Dear Mr. Rench:
Pursuant to Section 2 of that certain Agreement for Temporary Loan of Artwork
("Agreement") by and between the City of La Quinta ("City") and CJ Rench ("Artist")
entered into the day of , 2024, this Notice of Acceptance confirms the City
has received and accepted the Artist's temporary loan of artwork, consisting of three (3)
original CJ Rench sculptures ("Artwork"), as described in Exhibit A of the Agreement:
1. "Caught Up 11" — 2201b, 8ft tall, 7ft wide (stainless steel)
2. "Graceful" — 801b, 10ft tall, 7ft wide (stainless steel)
3. "Lively" — 1501b, 7ft tall, 5ft wide (stainless steel)
The City consents that the Artwork installation was completed on of ,
2024, which shall be the effective date of the Agreement and the two (2) years loan period
("Loan Period") shall terminate on [ENTER DATE].
The Loan Period may be shortened or lengthened in duration by mutual agreement
between the Artist and the City, as noted in Section 2 of the Agreement.
Should you have any questions, please contact La Quinta Community Services
Department.
Sincerely,
Michael Calderon
Management Analyst, Community Services
91
CONSENT CALENDAR ITEM NO. 10
City of La Quinta
CITY COUNCIL MEETING: July 18, 2023
STAFF REPORT
AGENDA TITLE: APPROVE TEMPORARY ART LOAN AGREEMENT WITH CJ RENCH
FOR THREE SCULPTURES TO BE DISPLAYED AT SILVERROCK PARK
RECOMMENDATION
Approve temporary art loan agreement with CJ Rench for three sculptures to be displayed
at SilverRock Park.
EXECUTIVE SUMMARY
• SilverRock Park features circular pads designated for public art installations.
• CJ Rench (Artist) has offered to loan three sculptures to the City.
• The sculptures would be on display for a two-year period and showcase the
park's potential for a rotating art program.
FISCAL IMPACT
The Artist is offering the sculptures on loan at no cost to the City, however, Staff estimates
approximately $20,000 is needed to construct pedestals/anchor points, and transport and
install the sculptures. Funding is available in the Art in Public Places account 270-0000-
74800.
iACKGROUND/ANALYSIS
CJ Rench is a renowned sculpture artist whose work has been featured around the
country. Several of his art pieces have been displayed on EI Paseo in Palm Desert and
the City recently commissioned him to design and build the Gold Star Family Monument
that was installed at the Civic Center Campus in April 2023. CJ Rench has offered to loan
three original sculptures (Attachment No. 1) to the City as part of the Art in Public Places
program. SilverRock Park features circular pads specifically constructed to display art
sculptures.
On June 12, 2023, the Community Services Commission discussed the artwork and the
proposed locations and recommended Council approve a temporary art loan agreement.
If approved, the sculptures will be on loan for a two-year period with an option to extend
for an additional term if agreed upon between the City and Artist. If well-received by the
53
community, Staff will explore opportunities for exhibiting additional sculptures at
SilverRock Park.
ALTERNATIVES
Council may deny approval of the temporary art loan agreement and direct staff to seek
other artwork opportunities.
Prepared by: Michael Calderon, Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director
Attachments: 1. Proposed Sculptures
2. Temporary Art Loan Agreement
54
"Graceful"
ATTACHMENT 1
"Us Three"
"Tranquil"
55
56
BUSINESS SESSION ITEM NO. 2
City of La Quinta
COMMUNITY SERVICES COMMISSION: September 11, 2023
STAFF REPORT
AGENDA TITLE: SELECT SCULPTURE FOR SILVERROCK PARK ART LOAN
PROGRAM
RECOMMENDATION
Select sculpture for Silverrock Park art loan program.
EXECUTIVE SUMMARY
• City Council gave approval to install three CJ Rench (Artist) sculptures (Attachment
1) on art pads at Silverrock Park.
• One of the sculptures that was approved by Council is no longer available, however
the Artist is offering an alternative sculpture.
• The Commission will select the third and final sculpture (Attachment 2) to be
included in the Silverrock Park sculpture art loan program.
FISCAL IMPACT
The artist is offering the sculptures on loan at no cost to the City, however Staff estimates
approximately $20,000 is needed to construct three pedestals/anchor points, and
transport and install the sculptures. Funding is available in the Art in Public Places
account 270-0000-74800.
BACKGROUND/ANALYSIS
CJ Rench is a renowned sculpture artist whose work has been featured around the
country. Several of his art pieces have been displayed at El Paseo in Palm Desert and
the City recently commissioned him to design and build the Gold Star Family Monument
that was installed in Civic Center Park in April 2023. The Artist offered to loan three
original sculptures to the City as part of the Art in Public Places program. The Commission
discussed the sculptures during the June 12, 2023 Commission meeting and
recommended the artwork for Council approval. Council approved the three sculptures
on July 18, 2023, however since then, one of the sculptures has become unavailable.
The Artist is offering two alternative sculptures to substitute the unavailable sculpture.
The Commission will discuss the alternative sculpture options and select one to be
included in the sculpture loan program at Silverrock Park. The sculptures will be installed
on art pads located throughout the park and be loaned to the City for a two-year period
with an option to extend for an additional term if agreed upon between the City and Artist.
If well-received by the community, Staff will explore opportunities for exhibiting additional
sculptures at Silverrock Park.
ALTERNATIVES
The Commission may deny the proposed sculptures and ask Staff to seek an alternative
sculpture.
Prepared by:
Approved by:
Michael Calderon, Management Analyst
Christina Calderon, Community Services Deputy Director
Attachment: 1. Sculptures approved by Council
2. Alternative sculpture options
"Graceful"
ATTACHMENT 1
"Us Three"
"Tranquil" NO LONGER AVAILABLE
ATTACHMENT 2
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ATTACHMENT 2
LIVELY
BUSINESS SESSION ITEM NO. 3
City of La Quinta
COMMUNITY SERVICES COMMISSION: September 11, 2023
STAFF REPORT
AGENDA` : SELECT ART PADS AND SCULPTURE LOCATIONS FOR
SILVERROCK PARK SCULPTURE LOAN PROGRAM
RECOMMENDATION
Select art pads and sculpture locations for Silverrock Park sculpture loan program.
EXECUTIVE SUMMARY
• City Council gave approval to install three CJ Rench (Artist) sculptures on art pads
at Silverrock Park (Park).
• The Commission will discuss the available art pads (Attachment 1) and assign a
sculpture to each one.
FISCAL IMPACT
The Artist is offering the sculptures on loan at no cost to the City, however Staff estimates
approximately $20,000 is needed to construct three pedestals/anchor points, and
transport and install the sculptures. Funding is available in the Art in Public Places
account 270-0000-74800.
BACKGROUND/ANALYSIS
On July 18, 2023 Council gave approval to install three sculptures on the art pads at the
Park. The Commission will select three art pads and assign a sculpture to each of their
selections. Once the art pads and the corresponding sculptures are selected, Staff will
collaborate with the Public Works Department to prepare each pad for sculpture
installation. Circular concrete pedestals will be constructed in place of the art pads. The
pedestals will be designed to support a variety of artwork with the intention of
implementing a rotating sculpture program.
M� TERNATIVES
The Commission may deny the sculpture options and ask Staff to seek an alternative
sculpture.
Prepared by: Michael Calderon, Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director
Attachment: 1. Art Pad Locations
ATTACHMENT 1
OPTION: 1
ATTACHMENT 1
OPTION: 2
OPTION: 3