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CONTRACT 7311 OtherAgreement No. 7311 CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY 350 Main Street El Segundo CA 90245 ARTIST AGREEMENT THIS AGREEMENT, is made and entered into as of the 25th day of April, 2025 between the CITY of El Segundo (CITY) and Give One Studio LLC ("CONTRACTOR"). The parties agree as follows: 1. QUALIFICATIONS. CONTRACTOR certifies that he or she is a person trained and qualified to perform the services outlined in Section 2 — Scope of Services for the CITY. 2. SCOPE OF SERVICE. CONTRACTOR agrees to perform the services as set forth in The Plunge Mosaic Tile Mural Request for Qualifications (Exhibit "A") which is attached hereto and incorporated by reference. CONTRACTOR was selected, among two other applicants, from the qualification pool to advance to proposals. CONTRACTOR is invited to a site visit to The Plunge and shall be paid an honorarium of $750 to develop a proposal for consideration of The Plunge Mosaic Mural Public Art Project. The artist with the successful proposal will be awarded a contract and tasked with designing, fabricating, and installing a mosaic tile mural that reflects both the history of The Plunge and its continued role as a vibrant hub for community and athletic life in El Segundo. 3. POLICIES AND PROCEDURES. CONTRACTOR agrees to comply with all Recreation, Parks and Library Department policies, procedures and terms set forth in Exhibit "A." 4. COMPENSATION; CONSIDERATION. As consideration for CONTRACTOR's services, CITY agrees to pay CONTRACTOR for the performance of such services an honorarium of $750. CONTRACTOR shall use the $750 honorarium strictly for the purpose of developing a proposal for the Arts & Culture Advisory Committee for review. CONTRACTOR shall provide written proof of all expenditures paid for with the honorarium funds. The failure to provide written proof or any unauthorized use of the $750 honorarium, or a portion thereof, shall be paid to the City within seven (7) days of notification from the CITY of such failure to provide written proof or unauthorized use of the funds. 5. CITY OBLIGATIONS. The CITY shall evaluate and rank CONTRACTOR's proposal in accordance with the guidelines outlined in Exhibit "A." 6. TERMINATION. CITY may terminate this Agreement at any time for any reason, with or without cause, and that the CITY will pay CONTRACTOR only for eligible services through the date of termination. CONTRACTOR may terminate this agreement at any time with 14 days written notice and shall pay the City all unused portions of the $750 honorarium in accordance with the requirements set forth in Section 4 above. 7. COMPLIANCE. CONTRACTOR, in the conduct of the services contemplated will abide by all applicable federal, state, and local laws and regulations including, without limitation, the El Segundo Municipal Code and regulations promulgated thereunder. Agreement No. 7311 8. BUSINESS LICENSE. CONTRACTOR shall obtain and maintain a City of El Segundo business license throughout the term of this agreement. 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR is an independent contractor and has control of all work and the manner in which it is performed. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance (including Workers Compensation), bonus or similar benefits CITY provides for its employees. Any provision in this agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. INDEMNIFICATION. A. To the fullest extent of the law, CONTRACTOR indemnifies, releases and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. 11. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED TRAINING. If CONTRACTOR's work involves contact with minors, before conducting any performance of this Agreement, CONTRACTOR must submit to and pass a background/fingerprint investigation conducted or approved by the CITY. CONTRACTOR must also complete training in child abuse and neglect identification and training in child abuse and neglect reporting, which may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services. CONTRACTOR affirms and agrees that any such reporting training will be completed before beginning performance under this Agreement. Upon CITY request, CONTRACTOR will promptly furnish proof of completion of such mandated reporter training to CITY, but in no event later than two business days following CITY's request. 12. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the parties' reasonable control, then no party will be responsible or liable for any failure or delay in the performance of its obligations under this Agreement. 13. SIGNATURES; COUNTERPARTS. This Agreement may be executed by the parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the parties agree that this Agreement, agreements ancillary to this agreement, and related Agreement No. 7311 documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. CONTRACTOR warrants that its signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this Agreement and bind CONTRACTOR accordingly. 14. INTEGRATION. This Agreement, and its Attachments, sets forth the Parties' entire understanding. There are no other understandings, terms or other agreements expressed or implied, oral or written. Except as otherwise provided, this Agreement will bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 7311 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.. CITY OF EL SEGUNDO _ N];) Aly Mancini, Dire for�° ATTEST: Susan Truax, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY azquez, Joaquin -.._.-. Assistan City Attorney INSURANCE APPROVED: Sharon Brennan, Risk Manager [ARTIST NAME] Jonathan Muzacz, owner/artist Name: Give One Studio LLC By: SM 0 0 Lo- A-0 7 11 " '�/ 0-,6, cn +W b e-wj Agreement No. 7311 EXHIBIT "A" THE PLUNGE MOSAIC TILE MURAL REQUEST FOR QUALIFICATIONS Agreement No. 7311 REQUEST FOR QUALIFICATIONS QUALIFICATION NUMBER QUALIFICATION TITLE: REQUESTING DEPARTMENT RELEASE DATE: DUE DATE: CITY OF EL SEGUNDO RECREATION, PARKS, AND LIBRARY 350 Main Street El Segundo, CA 90245 The Plunge Mosaic Tile Mural Recreation, Parks, and Library Wednesday, February 12, 2025 Tuesday, April 2, 2025 — 11:00 AM PST Notice is hereby given that electronic qualifications will be received in the office of the City Clerk's Office, City Hall, 350 Main Street Room 5, El Segundo, CA 90245-3813 until 11:00 AM (PST), Thursday, March 27, 2025. Late qualifications will not be accepted. Interested parties may obtain a copy of this RFQ by accessing the City of El Segundo website: r.g/governnient/de rtments/city c.tq /b d rf a Any and all updates, addenda, questions and answers and changes to this RFQ will be distributed through the Bid/RFQ webpage. The city will not be held responsible or liable if interested bidders or proposals miss any information relevant to this RFQ The specifications in this notice are a part of any contract awarded in accordance with this RFQ. 1 Agreement No. 7311 THE PLUNGE MOSAIC TILE MURAL REQUEST FOR QUALIFICATIONS Ell SEGUNDO CULTURAL DEVELOPMENT PROGRAM SEEKS MOSAIC ARTIST DEADLINE: March 27, 2025 I. INTRODUCTION The City of El Segundo ("City") Cultural Development Program ("ESCDP" or "Program") is soliciting applications from qualified artists for the creation of a mosaic mural as part of the ongoing renovation of the historic Urho Saari Swim Stadium, commonly known as "The Plunge." Built in 1940 as a Works Progress Administration (WPA) project, The Plunge is a beloved community landmark, currently undergoing a significant renovation to restore its infrastructure while maintaining its architectural and historical integrity. Three (3) artists from the qualification pool will be selected to advance to proposals. The three selected artists will be invited to a site visit to The Plunge and paid an honorarium of $750 to develop proposals for consideration of The Plunge Mosaic Mural Public Art Project. The artist with the successful proposal will be awarded a contract and tasked with designing, fabricating, and installing a mosaic tile mural that reflects both the history of The Plunge and its continued role as a vibrant hub for community and athletic life in El Segundo. The total budget for this project is $125,000. II. BACKGROUND The City of El Segundo —is a thriving coastal community in the South Bay region of Los Angeles County. The City is named after Standard Oil Company's second oil refinery in California ("the second") and was incorporated on January 18, 1917. El Segundo is 5.46 square miles -with a current population of 16,504 and is renowned for maintaining a quaint, small-town atmosphere as well as a dynamic business community that includes some of the world's most prestigious companies. It is home to the Los Angeles Lakers, Los Angeles Kings, Los Angeles Chargers, Raytheon Technologies, Boeing, Los Angeles Air Force Base - Space Base Delta 3/Space Systems Command, Mattel, L'Oreal, Beyond Meat, and the Los Angeles Times. In 2018, El Segundo City Council adopted legislation that requires new commercial developments valued over $2 million to contribute an equivalence to 1% of their project costs towards public art, cultural events, and arts programming. The El Segundo Cultural Development Program (ESCDP) stewards this fund and facilitates the valuable contributions from developers in the pursuit of making El Segundo a place where arts and culture can thrive. To date, the Cultural Development Program has generated over $2.1 million for arts and culture in the City, including over a dozen public artworks and year-round programming. The ESCDP's mission is to expand the City's artistic, cultural, and creative resources by enhancing the environment and quality of life. The intent is to achieve high -quality and site -specific artwork and art experiences, increase public access to the arts, encourage civic engagement, help drive tourism and revenue to local businesses, contribute towards realizing cultural equity and inclusion, create opportunities for artists and art organizations in the region, and to transform people, places and communities. For more information, visit https://www.elsegundoIibrary.org/about-us/cultural- d eve I op ment-program-268521. 2 Agreement No. 7311 The Program works with established and emerging artists from all disciplines to create permanent artwork, creative place keeping projects, public engagement activities, temporary art exhibitions and event -based programming. The Plunge's History and Renovation The Urho Saari Swim Stadium, affectionately known as The Plunge, first opened in 1941 and was named after Urho Saari, a prominent local figure who developed El Segundo's swimming program. The Plunge has been an essential facility for aquatic training, recreation, and community events for over 80 years. It holds a special place in El Segundo's history, serving as a training ground for several Olympians and many water polo champions. The Plunge, designed by architect John C. Austin, is also notable for its artistic elements, including two 30- foot by 8-foot bas-relief sculptures on the building's exterior by renowned muralist Tony Heinsbergen. These sculptures, depicting swimmers, are integral to the building's historic character, underscoring its significance as a WPA-era facility. The current $14 million renovation project, set for completion in 2025, aims to preserve the historical charm of the stadium while updating critical systems and enhancing its usability. This project includes restoring the bas-reliefs and upgrading the building's mechanical and filtration systems to support a modern aquatics program, offering fitness classes, adaptive programs, and community events for all ages III. PROJECT DESCRIPTION AND SCOPE OF SERVICES SITE: The mosaic tile mural will be located within the interior of the aquatic facility along a 788 sgft wall measuring 8 ft 3 in. x 99 ft. The wall is situated along the pool deck and spans the length of the interior pool. Due to the nature of the facility, the conditions of this site include exposure to moisture, chlorine, humidity, and frequent contact with facility patrons. Agreement No. 7311 PUBLIC ART APPLICATION: Due to the conditions of this site, the artwork must be created and applied using materials and installation methods suitable for an environment that has high humidity, chlorine and other chemical agents, exposure to moisture, and potentially frequent contact with facility patrons. Mosaic tile or stone is the required medium for this public art project; the final installation must meet building and safety standards, present no danger or risk to the public, be able to withstand the elements of the site, and withstand regular cleaning using common custodial supplies. VISION: The Urho Saari Swim Stadium, aka "The Plunge," is a cherished historical recreation facility in El Segundo. The public art project for The Plunge will be a prominent component of the facility's renovation, located in a highly visible and central location. The public art will complement the restored aesthetic and architectural elements of The Plunge and reflect the facility's history and significance to the community. GOALS: The Plunge Tile Mosaic will: • Contribute to the renovation of an inspiring and cherished historical facility • Develop from the design concept of the Urho Saari Swim Stadium renovation project and be an integral component of the restoration • Be community and site responsive • Express the rich history of the Urho Saari Swim Stadium and its significance as a place for sport, leisure, recreation, and play • Be designed and installed with appropriate materials and applications to sustain harsh conditions while posing minimal risk to safety for the public • Include content that is appropriate for all -ages and contain no text, logos, or branding. IV. BUDGET The total, all-inclusive budget for this public art project is $125,000.00 USD, and includes (but is not limited to) the following costs associated with this public art project: 1. Artist fees (including artist design, research, administration, supervision and studio expenses); 2. Concept; 3. Detailed Design (to include material and installation specifications); 4. Professional Design Fees; 5. Community Engagement (If Applicable); 6. Travel and Accommodation (If Applicable); 7. Materials, Services and Equipment; 8. Artwork Fabrication and Creation; 9. Site Preparation; 10. Freight, Transportation, Shipping, Taxes, Customs and Brokerage Fees; 11. Artwork Installation 12. Contingency 4 Agreement No. 7311 13. Minimum Two (2) Year Warranty; and 14. Maintenance Plan Disbursements will be made throughout the project as per a negotiated schedule of deliverables. V. ELIGIBILITY Only one application per Artist will be accepted, An eligible applicant must: • Be a resident of and have legal authorization to work in the US. • Be 18 years of age or older. No preference will be given to race, color, religion, national origin, gender, military status, sexual orientation, marital status, physical or mental disability. • Be a professional artist; The City of El Segundo recognizes a professional artist as someone who: o has specialized training in the artistic field (not necessarily in academic institutions). o is recognized as a professional by their peers (artists working in the same artistic tradition). o is active in and committed to their art practice. o has a demonstrated history of public presentation or publication of their artwork. ELIGIBILITY RESTRICTIONS: Individuals with conflicts of interest are not eligible for contract award under this solicitation. Elected officials, commissioners, board members, committee members, agents, officers, and employees of the City of El Segundo and their business partners and their immediate family members are not eligible for a contract award under this RFQ. VI. APPLICATION SUBMITTAL REQUIREMENTS Required Submission Materials (Letter of Interest, Resume or Curriculum Vitae, Samples of Past Work, Proposed Concept & References in one MERGED PDF format document): 1. Letter of Interest shall include full contact information and contain information for the selection panel that may not be conveyed through the resume or work samples. The Letter of Interest (1000 words maximum) should address the applicant's interest in the project and inspiration for their proposed concept. This includes, but not limited to, research of the Urho Saari Swim Stadium ("The Plunge") and El Segundo, approach of the design concept, and how the applicant will align their proposed concept with the goals of the project. 2. Professional Resume or Curriculum Vitae. The resume should demonstrate the applicant's history of publicly presenting works of a similar nature and ability to manage a public art project of similar scope and budget. 3. Samples of Past Work. Submit 10 images of previous works that accurately reflect the applicant's art practice and demonstrate skill in the required medium for the public art project. 5 Agreement No. 7311 4. References. Submit the names, addresses, current telephone numbers and/or e-mail addresses for three authorities on your work. Do not submit letters of recommendation. Submission materials must be submitted as ONE SINGLE PDF (2MB Maximum) format document. Submittal is due no later than 11:00AM, MARCH 27, 2025. Please e-mail submissions with "RFQ 24-08 THE PLUNGE PUBLIC ART" in the subject line to City Clerks Office, at allcityclerks@elsegundo.org. It is the applicant's sole responsibility to verify that the electronic submission is received by the City Clerk's office by the due date and time. Late or incomplete submissions will not be considered. VII. SELECTION CRITERIA A panel of five members, comprised of community members, artists, Arts & Culture Advisory Committee members, and City of El Segundo staff, selected by ESCDP staff, will convene to review The Plunge Public Art applicant qualifications. The selection panel will recommend three (3) finalists to advance to developing proposals to the Arts & Culture Advisory Committee. The panel will convene to review the shortlisted applications before making a final selection. A. Qualifications Each application will be reviewed and evaluated based on the following matrix: Item Evaluation Criteria Weight Rating Seore 7.1 Letter of Interest — Stated Interest and Approach 25 7.2 Qualifications 20 Demonstrate Excellence of Past Work in Conceptual, 7.3 30 Aesthetic and Technical Terms 7.4 Ability to Create a Work(s) of Art that Meets the Project 25 Goals MAXIMUM POSSIBLE TOTAL SCORE /1000 � Three (3) artists from the qualification pool will be selected to advance to proposals. Proposals will be evaluated and ranked according to the outline below. Item Evaluation Criteria Weight Rating Score 7.5 Concept Narrative 15 Agreement No. 7311 7.6 Visual Aesthetic and Quality of Proposal 30 7.7 Demonstrate Relevance to Project Goals and Appropriate 30 to Site 7 8 Feasibility to be Created Within Project Timeline and 25 Budget MAXIMUM POSSIBLE TOTAL SCORE /1000 The evaluation will be based on a 0 to 10 scale. Rating Description Exceeds expectations; Proponent clearly understands the requirement, excellent 10 probability of success. 8 Somewhat exceeds expectations; high probability of success Meets expectations; Proponent has good understanding of requirement, good 6 probability of success. Somewhat meets expectations; minor weakness or deficiencies, fair probability of 4 success. Does not meet expectations or demonstrate understanding of the requirements, 2 low probability of success. Lack of response or complete misunderstanding of the requirements, no probability 0 of success. Vill. ADMINISTRATION The final selected applicant must enter into an agreement with the City. The applicant must coordinate their schedule with ESCDP staff and adhere to project timelines and deliverable deadlines. The selected applicant will be asked to obtain, at the applicant's sole cost and expense, all insurance required by the City. The selected applicant may be asked to obtain, at the applicant's sole cost and expense, a City of El Segundo business tax license. Any changes, alterations, or modifications of conceptual design must be approved by ESCDP staff and the Arts & Culture Advisory Committee. Applicant must agree to submitting required documents and designs for approval as outlined in their scope of work before commencement of activities. Agreement No. 7311 ESCDP reserves the right to terminate the applicant's agreement at any time, with or without cause, IX. ADDITIONAL TERMS AND CONDITIONS Questions regarding this RFQ must be submitted to Joseph Lormans, Recreation Supervisor, by email to Jlormans@elsegundo.org no later than 5:00 p.m. on March 19, 2025. The e-mail subject line must be titled "RFQ 24-08 The Plunge Public Art." Answers to all questions will be published and distributed through the City website by 5:00 p.m. on March 24, 2025 + ESCDP staff reserves the right to accept or reject any applications or portions thereof without stated cause. In selection of a finalist, ESCDP staff shall attempt to negotiate and reach a final agreement with the finalist. If the ESCDP, for any reason, is unable to reach a final agreement with the finalist, the ESCDP then reserves the right to reject such finalist and negotiate a final agreement with another finalist who has the next most viable proposal. The ESCDP may also elect to reject all proposals and re -issue a new RFQ. ESCDP is not responsible for the loss or damage of any submitted materials. All information contained herein does not constitute either an expressed or implied contract and these provisions are subject to change without notice at any time and'for any reason in the sole discretion of the ESCDP. ESCDP is committed to fostering a diverse and inclusive workforce. Diverse applicants are encouraged to apply. X. TENTATIVE SCHEDULE RFQ Issued RFQ Questions Deadline RFQ Answers Posted RFQ Deadline Review of Qualifications (Selection Panel & ACC) Notices to Selected Shortlist Shortlist Service Agreement Executed Site Visit Shortlist Proposals Due Final Selection Council Approval of Contract Agreement Executed with Final Scope Project Start Date On -Site Installation Project Completion February 12, 2025 March 19, 2025, 5:00 p.m. PST March 24, 2025, 5:00 p.m. PST April 2, 2025, 11:00 a.m. PST April 10, 2025 April 11, 2025 April 18, 2025 April 30, 2025, 1:00 p.m. PST May 29, 2025, 11:00 a.m. PST June 24, 2025 July 1, 2025 July 8, 2025 July 9, 2025 December 1, 2025 February 1, 2026 8 Agreement No. 7311 XI. SIGNATURE BLOCK Please return this page with your application or duplicate the information in your cover letter. The undersigned hereby certifies: ( ) familiarization with all terms, conditions, and specifications herein stated, ( ) artist/organization is qualified to perform work and services as proposed, ( ) that the application submitted is valid until (date). Name Mailing Address Authorized Signature E-mail Address City, State, Zip Phone Number