2023-24 Duplay, Charlotte - La Quinta Artwork AppraisalMEMORANDUM ta Qa�&a
DATE: December 18, 2023
TO: Christina Calderon, Community Services Deputy Director
FROM: Michael Calderon, Community Services Management Analyst
RE: SHORT FORM SERVICES AGREEMENT WITH CHARLOTTE DUPLAY FOR PUBLIC
ART APPRAISAL SERVICES 2023-24
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 n/a
F-1_ City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department 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):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
❑✓ _ Sole Source 1:1 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
F✓ _ Agreement payment will be charged to Account No.: 270-0000-74800
❑✓u Agreement term: Start Date December 11, 2023 End Date June 30, 2024
Fv L Amount of Agreement, Amendment, Change Order, etc.: $15,000.00
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
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Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 12/19/2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE; Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
F-7_ Business License No. In Progress Expires:
Fv l_ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
GEM (!I*tb(, f)ESEItl —.
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 411 day Of December, 2023,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business at
78495 Calle Tampico, La Quinta, CA ("City") and Charlotte Duplay, a Sole Proprietor with its principal place
of business located in Palm Springs, CA ("Vendor"). City and Vendor are sometimes individually referred
to as "Party" and collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from December 11, 2023 to June 30, 2024, unless
earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend
beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement
is exempt from the five (5) year limitation.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Fifteen Thousand Dollars ($15,000.00) per fiscal year (July 1 to June 30) without written
amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts
of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the Services for the
period of the forced delay when and if in their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit 'A" Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
® Primary and Non -Contributory Endorsement
Automobile Liability:
Workers' Compensation:
ease
►i vVorkers4 • p_ns ul sementwith Waive-Waive-i of •• ...i ion
Professional Liability (Errors and Omissions):
❑ Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a Califomia Municipal Corporation,
and Charter City
01A
MICHAEL CALDERON
Community Services Analyst
Require for over $5,000:
S INA CALDER N
Community Services Deputy Director
ATTEST:
12hcl12o2S
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
-
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
3
CHARLOTTE DUPLAY FINE ART
Charlotte Duplay
Fine Art Appraiser
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time and
materials or lump sum basis, as may be set forth in
Exhibit "C", within 30 days of completion of the Work
and approval by the City.
2. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state
and local government. Vendor shall assist the City, as
requested, in obtaining and maintaining all permits
required of Vendor by Federal, State and local
regulatory agencies. Vendor is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.
In explanation of the forgoing and not by way of
limitation, Vendor shall comply with any Federal, State,
and local laws, regulations, orders, and guidelines
relating to COVID-19 or any other public health
response to disease, epidemic, or pandemic for the
work provided by the Vendor. Such Federal, State, and
local laws, regulations, orders, and guidelines include
but are not limited to: Executive Orders from the
Governor of California and orders and guidance issued
from the California Department of Public Health
(CDPH), California Occupational Safety and Health
(Cal/OSHA), Orders from the Riverside County Public
Health Officer; and Emergency Resolutions and
Executive Orders from the City Council and City
Manager, respectively, for the City of La Quinta.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Vendor shall take out and maintain,
during the performance of all work under this
Agreement: A. Commercial General Liability Insurance
in the amounts specified in Section 8 of the Agreement
for bodily injury, personal injury and property damage,
at least as broad as Insurance Services Office
Commercial General Liability coverage (Occurrence
Form CG 0001), and if no amount is selected in Section
8 of the Agreement, the amounts shall be $1,000,000
per occurrence/$2,000,000 aggregate; B. Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non -owned and
hired vehicles, of at least $1,000,000 per accident for
bodily injury and property damage, at least as broad as
Insurance Services Office Form Number CA 0001 (ed.
6/92) covering automobile liability, Code 1 (any auto);
C. Workers' Compensation in compliance with
applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
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or disease. Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions) coverage,
if checked in section 6 of the Agreement, with a limit
not less than $1,000,000 per claim and which shall be
endorsed to include contractual liability. Insurance
carriers shall be authorized by the Department of
Insurance, State of California, to do business in
California and maintain an agent for process within the
state. Such insurance carrier shall have not less than
an "A"; "Class VII" according to the latest Best Key
Rating unless otherwise approved by the City.
4.1 Pass Through Clause. Vendor agrees to ensure
that its sub -consultants, sub -contractors, and any other
party involved with the project who is brought onto or
involved in the project by Vendor, provide the same
minimum insurance coverage and endorsements
required of Vendor. Vendor agrees to monitor and
review all such coverage and assumes all
responsibility for ensuring that such coverage is
provided in conformity with the requirements of this
section. Vendor agrees that upon request, all
agreements with consultants, subcontractors, and
others engaged in the project will be submitted to
Agency for review.
5. Indemnification. The Vendor shall indemnify and
hold harmless the City, its Council, members of the
Council, agents and employees of the City, against any
and all claims, liabilities, (including liability related to
exposure to communicable diseases, illnesses, or
viruses), expenses or damages, including responsible
attorneys' fees, for injury or death of any person, or
damage to property, or interference with use of
property, or any claim of the Vendor or subcontractor
for wages or benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the active negligence orwillful
misconduct of the City, its Council, members of the
Council, agents and employees of the City. The
foregoing indemnity includes, but is not limited to, the
cost of prosecuting or defending such action with legal
counsel acceptable to the City and the City's attorneys'
fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be
brought in a state orfederal court situated in the County
of Riverside, State of California.
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the City
shall be immediately given title and possession to any
original field notes, drawings and specifications, written
reports and other documents produced or developed
for the services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any costs
other than the charges or portions thereof which are.
specified herein. Vendor shall not be entitled to
payment for unperformed services, and shall not be
entitled to damages or compensation for termination of
work. Vendor may terminate its obligation to provide
services under this Agreement upon 30 calendar days'
written notice to the City only in the event of City's
failure to perform in accordance with the terms of this
Agreement through no fault of Vendor.
B. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone other
than the City and the Vendor. The unenforceability,
invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions
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unenforceable, invalid or illegal. Notice may be given
or delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the parties
to the addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement without
the written consent of the City, which may be withheld
for any reason. Vendor is retained as an independent
contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties as
to those matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified or
altered except in writing signed by both parties hereto.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
Vendor will provide appraisal services for the City's art in public places collection (roughly 150
art works) as described in Attachment 1.
Services include:
Project management
Comparative market data research and analysis
Artwork report writing
Deliverables:
• Printed and bound appraisal report
EXHIBIT "C"
COMPENSATION FOR SERVICES
Vendor will be compensated following the payment schedule outlined in Attachment 1.
Payment schedule is as follows:
A retainer of 25% of total compensation ($3,750) is due upon the execution of this agreement.
An additional 25% of total compensation ($3,750) is due upon delivery of condition reports and
photographs to vendor.
The balance ($7,500) is due upon the delivery of the final appraisal report.
Total payment is not to exceed $15,000.00.
ATTACHMENT 1
November 13, 2023
Michael Calderon, Management Analyst
Community Resource Department
City of La Quinta
78495 Calle Tampico
La Quirita, CA 92253
Dear Mr. Calderon:
This letter will confirm our agreement regarding the appraisal of the City of La Quinta's Public
Art Collection.
The City has requested an appraisal of its art collection for Insurance Purposes using Retail
Replacement Value,
Retail Replacement Value is defined as the highest amount in terms of US dollars that would be
required to replace a property with another of similar age, quality, origin, appearance,
provenance, and condition within a reasonable length of time in an appropriate and relevant
market. Note that when applicable, sales and/or import tax, commissions, premiums, and other
expenses are included in this amount.
The property to be appraised is broadly described as follows: 150 works of art ("Property")
that belong to the City of La Quinta's Art in Public Places collection as listed on the
spreadsheet previously supplied to the appraiser.
The City will provide the appraiser with photographs and conservation reports for each piece of
Property performed by a professional art conservation expert contracted by the City. I will rely on
those reports and will not formally inspect nor photograph the Property.
The appraisal will commence in April / May, 2024 once the appraiser has received the
photographs and conservation reports from the City. Once the project has commenced, the
appraisal will take approximately, three - four months to complete.
In preparing this appraisal, I will research and evaluate the Property using comparative market
data, and submit a written and signed report to you. In so inspecting and evaluating the Property, I
will principally rely on methods of stylistic analysis, it being understood that scientific testing is
outside my particular area of expertise.
You will supply me with any associated background information including accession files,
documents, previous appraisals, previous condition reports, invoices, press releases, auction
records, and any factual information about the Property or the artists within your knowledge.
You agree that I may consult with others in connection with this appraisal, including but not
limited to artists and their studios, galleries, museums, and any other resources necessary to
assess the Retail Replacement Value of the Property.
charlotteduplay.com charlotteduplay@mac.com 760.774.5304
Charlotte Duplay
�—, tine Art Appraiser
The fee for said appraisal is $100 per artwork, with a total fee of $15,000. This fee includes
project management, comparative market data research and analysis, and report writing, as well
as printing and binding of the report. I will provide you with a bound copy and a PDF version of
the appraisal report. An additional fee will be charged for any required future services pertaining
to this appraisal.
A retainer of 25% of the fee ($3,750) is due upon signing this Letter of Agreement, an
additional 25% ($3,750) will be due upon delivery of the condition reports and photographs to
the appraiser, with the balance ($7,500) due upon the delivery of the final appraisal report.
The appraisal will be prepared solely for the purpose of insurance, and will be used by the City
solely for such purpose. Said appraisal shall not be disseminated to, nor relied upon nor used by,
any third party unrelated to the immediate purpose of this appraisal.
My appraisal will represent my best judgment and opinion as to the current Retail Replacement
Value and other factors stated in the appraisal of the Property. However, the appraisal will not be
a statement or representation of warranty with respect to authenticity, period of creation,
description, genuineness, attribution, provenance, title or condition.
You represent and warrant that the Property is owned free and clear of any claims, liens,
encumbrances or interests of others.
You shall indemnify, defend and hold me harmless from and against any actions, claims,
liabilities or expenses (including reasonable attorney fees) incurred as a result of claims based on
or arising from the appraisal, by third parties unrelated to the immediate purpose of this appraisal.
Other than for gross negligence, you agree to indemnify, defend and hold me harmless from and
against any actions claims, liabilities, expenses or penalties (including reasonable attorney fees)
incurred as a result of a claim based on or arising from the appraisal.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be
settled by arbitration in accordance with the Commercial Arbitrations Rules of the American
Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be
entered in any Court having judgment thereof.
If you are in agreement with these terms, please sign and return one copy of this letter to me at
your earliest convenience. I look forward to the opportunity of working with you.
11111
Charlotte Duplay — Appraiser s
Michael Calderon, City of La Quinta — Client
charlotteduplay.com charlotteduplay(a)mac.com 760.774.5304