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Robertson, Dick - Bronze Ram Skull Sculpture Art DonationMEMORANDUM, {:11.1E11R\E.1 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 tav Qa ig rev 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 Val 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. ,\ // 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. 37 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) 39