Public Arts Advisory Committee - Regular Meeting

CITY OF TWENTYNINE PALMS PUBLIC ARTS ADVISORY COMMITTEE AGENDA City Hall 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org Wednesday, May 21, 2025 AGENDA 5:00 P.M. CALL TO ORDER ROLL CALL: PUBLIC COMMENTS This is the time for the public to address the PAAC on issues within the jurisdiction of the PAAC that are not on this agenda. All comments are to be directed to the PAAC and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limit of three (3) minutes per person. If you haven't already done so, please fill out name and address slips and give them to the PAAC Secretary. The PAAC is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. 1. City Report BUSINESS 2. Approval of Meeting Minutes for April 16, 2025. 3-5 Public Arts Advisory Committee - Regular Meeting - 16 Apr 2025 - Minutes - Pdf 3. Grants Agreement 7 - 20 Grant Agreement DRAFT 4. Budget Review 21 24-25 PAAC Running Budget - PAAC BUDGET 24_25 Page 1 of 24  5. Arts Master Plan - Public Art Maintenance Schedule 23 - 24 Public Art Inventory working spreadsheet 6. PAAC Meeting - Social Media Live Streaming 7. 2024-2025 Grants Post Report REPORTS, REQUESTS, AND COMMUNICATIONS 8 Strategic Planning Committee  Progress update 9 Exhibitions Committee  Current Exhibition update  Upcoming Shows 10 Existing and Future Public Art Committee  Art Inventory list  29! Sculpture update  Freedom Plaza Stage  New Art  Public Arts Repairs 11 PAAC PR Committee  Updates FUTURE ITEMS 1. Sponsor Arts and Business Roundtable 2. Downtown Kiosk 3. City Emails or Host Emails for PAAC Board members 4. Website Audit 5. PAAC Newsletter ADJOURNMENT: It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of the agenda is hereby certified to have been posted on or before 5:00 p.m., May 14, 2025. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 24  Public Arts Advisory Committee - Regular Meeting Minutes City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org April 16, 2025 CALL TO ORDER - Chair Razo called the meeting to order at 5:01 p.m. ROLL CALL: The following Advisory Board members were present: ANGELES, LILLY, ESKANDAR, LYONS, RAZO. PUBLIC COMMENTS Erika Sessions - a Representative of Sunspot wanted to find out information about how to be one of the art groups that exhibit at the 29 Visitor Center. She expressed that the group would be interested in being the exhibitor for the summer session. 1. City Report - Community Development Director Keith Gardner provided an update on the Live Entertainment and Ancillary Activities code that are going before the Planning Commission for the beginning of the approval process. He also stated that the City would like to have a list of locations that are approved locations for entertainment with the locations approved occupancy. BUSINESS 2. Approval of Meeting Minutes for March 19, 2025. ACTION: A motion was made by Vice Chair Lyons, seconded by Board Member Eskandar to approve the Meeting Minutes as submitted. The above motion was carried by the following: ROLL CALL VOTE: AYES: ANGELES, LILLY, ESKANDAR, LYONS, RAZO NOES: NONE ABSTAIN: NONE ABSENT: NONE 3. Approval of PAAC Grant Application. ACTION: A motion was made by Vice Chair Lyons, seconded by Board Member Lilly to approve the PAAC Community Grant Application for 2025-2026 as submitted. The above motion was carried by the following: ROLL CALL VOTE: AYES: ANGELES, LILLY, ESKANDAR, LYONS, RAZO NOES: NONE ABSTAIN: NONE ABSENT: NONE 4. Art Mailers for Businesses. The PAAC board discussed the Art Mailers and the information that they should bring to the next meeting (identify where the art corridor would be, what properties are owned by the City, costs for the mailers and directories of businesses). Page 1 of 3 Page 3 of 24  Public Arts Advisory Committee - Regular Meeting April 16, 2025 5. Budget Review PAAC Administrator Heather Drake presented the current PAAC Budget and the expenditures to date. She wanted to get clarity on what her hours are for her to invoice for work. She also stated that she is waiting for an invoice from the previous PAAC Administrator Stacey Solie. Board Member Angeles stated that the PAAC Budget needs to be increased especially for the food for the Arts receptions. Community Development Director Keith Gardner emphasized to the PAAC board the importance of putting together information pertaining to expenditures and what the funds being used for to be able to ask the City Council for an increase of the budget for the next fiscal year. Chair Razo stated the administrator hours are five (5) hours. He also agreed that they need to increase the food budget for the Art receptions. Board Member Lilly suggested finding independent Chef's that would be interested in preparing the food for the Art receptions to gain exposure. ACTION: A motion was made by Board Member Angeles, seconded by Vice Chair Lyons Eskandar to increase the food budget to $250.00 for the Art receptions. The above motion was carried by the following: ROLL CALL VOTE: AYES: ANGELES, LILLY, ESKANDAR, LYONS, RAZO NOES: NONE ABSTAIN: NONE ABSENT: NONE 6. Arts Master Plan Community Director Keith Gardner suggested to meet with each of the PAAC subcommittees to discuss each area of the Arts Master Plan. REPORTS, REQUESTS, AND COMMUNICATIONS Board member Angeles reported attending the City Strategic Planning meeting, the Grounworks reception, MAACC de installation, and the Copper Mountain College - Literary event. Board member Lilly reported that she met with the City Manager, attended the City Strategic Planning meeting, Toast Master meeting, Joshua Tree Student presentation, met with the owner of Black Lotus, the TBID meeting and the Planning Commission. Board member Eskandar reported she attended the City Strategic Planning meeting and met with City Manager along with PAAC board member Lilly. Chair Razo reported he attended the City Strategic Planning meeting, Rediscover 29 meeting, the Copper Mountain College - Literary event and the 29 Palms Rotary Club. Vice Chair Lyons reported she attended the City Strategic Planning meeting, Planning Commission and Rediscover 29. 7. Strategic Planning Committee: Board member Eskandar presented to the PAAC board how the arts may be used as an agent for social change. She also provided document with her research along with statistics as well as financials of other cities in the U.S. Page 2 of 3 Page 4 of 24  Public Arts Advisory Committee - Regular Meeting April 16, 2025 8. Live Performance Committee Board member Lilly suggested the creation of an inventory of performance areas in the City. 9. Exhibitions Committee:  New Shows - Board member Angeles recommended Sunspot be the next exhibitor for the summer at the 29 Visitor Center.  Artist Registry - no update 10. Existing and Future Public Art Committee:  29! Sculpture update - Chair Razo reported that the plaque for the sculpture needs to be done.  Freedom Plaza Stage - Vice Chair Lyons stated there is no movement on the Freedom Plaza stage. She suggested a call to artist on Entry.org  New Art - Chair Razo reported that there are plans for new art in Luckie Park and a new mural for the skate park at Luckie Park.  Repairs - Chair Razo reported the need to start a review of the conditions of the City owned murals and public arts to identify those that require repair. 11. Community Art Grants Committee  Post-Event accountability updates - Chair Razo reported that they have received the post event reports and look forward to the new applicants.  PAAC Administrator Drake mentioned the interest from Theatre 29. 12. PAAC PR Committee:  Updates Board member Angeles asked if it was possible to get assistance from other board members on posting on the PAAC social media to help the PAAC Administrator with posting art events. Vice Chair Lyons volunteered to assist Board member Angeles with posting on the PAAC social media. Board member Eskandar suggested posting on stories because this content will help increase the social media presence. Board member Lilly requested a meeting with PAAC administrator Drake. FUTURE ITEMS 1. Sponsor Arts and Business Roundtable 2. Downtown Kiosk 3. City Emails for Committee Members or obtaining a Host Email 4. Website Audit 5. PAAC Newsletter 6. Live Stremming the meetings ADJOURNMENT: Chair Razo adjourned the PAAC meeting at 6:18 p.m. Respectfully submitted, Vanessa Cabrera Code Enforcement Officer Page 3 of 3 Page 5 of 24 Page 6 of 24  CITY OF TWENTYNINE PALMS GRANT AGREEMENT This GRANT AGREEMENT (“Agreement”) is made and effective as of _____________________, between the City of Twentynine Palms (the “City”) and _____________ (the “Recipient”). WHEREAS, the City is committed to enhancing the quality of life for its residents by supporting community enterprises that increase the resident support, character, or history of Twentynine Palms; and WHEREAS, the City has established a grant opportunity program to provide financial assistance to non-profit organizations and businesses who provide services or support to residents that align with the City’s goals and benefit the local community; and WHERAS, the grant program encompasses all grants, sponsorships, contributions, and donations funded with City funds, directly or indirectly (i.e., pass-through grants); and WHEREAS, the Recipient has demonstrated experience and capability in its area of expertise and has submitted an application detailing plans for services or support for residents; and WHEREAS, the City, after careful review and evaluation of the Recipient’s application and approval by the City Council, has decided to award the Recipient a Grant (as defined below); and WHEREAS, the City and the Recipient wish to set forth their mutual understanding and agreement regarding the terms and conditions of the Grant, including the Recipient’s obligations and responsibilities in using the Grant funds. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant Award The City agrees to provide the Recipient a grant based on its application (“Grant”) in the amount of [Grant Amount Spelled Out] ($[Grant Amount]) (“Grant Amount”), subject to the following conditions and stipulations: a. Purpose of the Grant The Grant is provided to support the Recipient in fulfilling the purpose set forth in its application, which is attached hereto for reference only as Exhibit A. Page 7 of 24 b. Use of Grant Funds The Grant funds must be used exclusively for the purposes outlined in the Recipient’s application. The Recipient must not use the Grant funds for personal expenses, operating and administrative costs (e.g., salaries, benefits and utilities), unless prior written authorization is obtained from the City, unrelated activities, or any purposes not specified in the approved application. c. Grant Award Amount The total Grant amount awarded to the Recipient is [Grant Amount Spelled Out] ($[Grant Amount]), which is the amount approved by the City Council based on Recipient’s application. d. Standing of Recipient Prior to the disbursement of Grant funds, the City will review the status of the Recipient with the Secretary of State and Franchise Tax Board to determine whether the Recipient is in good standing. e. Disbursement of Funds Upon execution of this Agreement, the City will disburse the Grant Amount to the Recipient in the amounts and according to the timing set forth in the Recipient’s application, unless otherwise set forth by the City in writing. f. Project Period of Performance Grant funds in this award have a limited period in which they must be expended. Grant funds must be expended within the time frame set form in the Recipient’s approved application, but in no event beyond six (6) months after the completion of the project, program or event funded. Extensions may be requested in writing in advance. Requests will be considered by the City at its sole discretion. g. Reimbursement of Unused Funds If the Recipient requires less funds than the Grant Amount to fulfill the purpose listed in its application, the Recipient must reimburse the City for any unused funds. h. Right to Audit The City reserves the right to audit the Recipient’s financial records related to the Grant to ensure compliance with the terms of this Agreement. The Recipient agrees to provide access to all relevant documents and cooperate fully with any audit conducted by the City or its representatives with five (5) days of a request by the City. Any discrepancies found during the audit may result in the requirement to return part or all of the Grant funds to the City. Page 8 of 24  i. Documentation of Financial Transactions The Recipient must maintain accurate and detailed financial records of all transactions using Grant funds. All expenditures must be documented with receipts, invoices, proof of payment, and other verifiable records to fully substantiate the use of Grant funds. The Recipient must ensure that all financial records are retained for a minimum of three (3) years following the final use of Grant funds for potential future audits or reviews. 2. Insurance To ensure the safety and protection of all parties involved, the Recipient must adhere to the following insurance requirements: a. General Liability Insurance The Recipient must obtain general liability insurance coverage in the amount of at least one million dollars ($1,000,000). b. Insurance Coverage Period The insurance coverage must be effective from the date Recipient receives Grant funds through the final expenditure of Grant funds. The Recipient must ensure that there are no gaps in coverage during this period. c. Submission of Insurance Documentation The Recipient must submit the “Certificate of Insurance” to the City prior to the receipt of the Grant funds. Failure to provide this document within thirty (30) days following the execution of this Agreement may result in the termination of the Grant and of this Agreement. d. Insurance Policy Requirements The insurance policy must be issued by an insurance company licensed to do business in the State of California and have a current A.M. Best rating of no less than A. e. Failure to Maintain Insurance If the Recipient fails to maintain the required insurance coverage, the Recipient may be held personally liable for any claims or damages resulting from the uninsured period. 3. Reporting and Accountability To ensure transparency and accountability in the use of Grant funds, the Recipient must adhere to the following reporting and accountability requirements: Page 9 of 24  a. Performance Report The Recipient must submit a detailed report to the City’s Finance Department within four (4) weeks of the final expenditure of Grant funds. The report must include a description of how the funds were used and performance metrics used to measure the success of the program and/or event funded (e.g., number of participants, budget vs. actual costs, number of community members served, etc.). b. Financial Report and Documentation The report must include detailed financial records showing how the Grant funds were used. The report must be accompanied by an itemized list of all expenditures funded with the Grant. The list must include the date of purchase, purchase amount, invoice or receipt number, check number, description of purchase, vendor or recipient name, and payment method. The report must be submitted to the City’s Finance Department within four (4) weeks of the final expenditure of Grant funds. Upon City’s request, the Recipient must provide legible copies of itemized receipts, invoices, proof of payment and any other relevant documentation to fully substantiate all expenditures using Grant funds. c. Retention of Records The Recipient must retain all financial and Grant fund-related records for a minimum of three (3) years following the final expenditure of Grant funds. These records must be made available to the City upon request for any audits or reviews to ensure compliance with the terms of the Grant. d. Accountability for Misuse of Funds If the City determines that the Grant funds were not used in accordance with the approved application or the terms of this Agreement, the Recipient agrees to return any Grant funds not used in accordance with the terms hereof. Misuse of funds may also result in the Recipient being ineligible for future Grants from the City. e. Continuous Improvement Any recommendations for changes to the Grant process or guidelines should be communicated to the City as part of the Recipient’s report. 4. Compliance with Laws The Recipient must adhere to the following compliance requirements: a. Adherence to All Applicable Laws The Recipient must comply with all federal, state, and local laws, regulations, and ordinances. Page 10 of 24  b. Reporting Non-Compliance If the Recipient becomes aware of any non-compliance with applicable laws or regulations, they must report it to the City immediately. The Recipient must work with the City to address and rectify any compliance issues as quickly as possible. 5. Termination The City reserves the right to terminate this Agreement under certain conditions to ensure the proper use of Grant funds and adherence to the terms outlined. The following provisions apply to the termination of this Agreement. a. Grounds for Termination Non-Compliance: The City may terminate this Agreement if the Recipient fails to comply with any of the terms and conditions set forth in this Agreement, including but not limited to the misuse of Grant funds or failure to submit the required report. Misrepresentation: The City may terminate this Agreement if it is determined that the Recipient provided false, misleading, or incomplete information in their Grant application or any subsequent reports or communications. Legal Violations: The City may terminate this Agreement if the Recipient violates any federal, state, or local laws, regulations, or ordinances in connection with the use of Grant funds. Without Cause: The City may terminate this Agreement without cause at any time and thereafter cease to provide Grant funds to the Recipient. b. Notice of Termination The City will provide written notice to the Recipient of the intent to terminate the Agreement. The notice will specify the grounds for termination, if applicable, and provide the Recipient with an opportunity to respond or rectify the issue within a specified period. If the Recipient fails to address the grounds for termination to the City’s satisfaction within the specified period, the termination will become effective. c. Return of Funds Upon termination of this Agreement, the Recipient must return any unused Grant funds to the City within thirty (30) days of the termination notice. The City may require the Recipient to return all or a portion of the Grant funds already disbursed if it is determined that the funds were not used in accordance with the approved application or the terms of this Agreement. Page 11 of 24  d. Effect of Termination on Future Grants Termination of this Agreement may affect the Recipient’s eligibility for future grants from the City. The City reserves the right to deny future grant applications from the Recipient if the termination was due to non-compliance, misrepresentation, or legal violations. e. Reinstatement In exceptional circumstances, the City may consider reinstating this Agreement if the Recipient can demonstrate that the grounds for termination have been fully addressed and rectified. Any request for reinstatement must be submitted in writing to the City Council, providing a detailed explanation and supporting documentation. f. Continued Obligations Termination of this Agreement does not relieve the Recipient of their obligation to submit the required report, return unused funds, or comply with any other post-termination requirements specified by the City. g. Notification of Affected Parties The Recipient must notify any partners, sponsors, or stakeholders involved in the use of the Grant funds of the termination of this Agreement. The Recipient must ensure that all communications regarding the termination are accurate and transparent. 6. Indemnification To protect the City and ensure accountability, the Recipient must adhere to the following indemnification requirements. a. General Indemnification The Recipient agrees to indemnify, defend, and hold harmless the City of Twentynine Palms, its officers, officials, employees, agents, and volunteers (collectively, the “Indemnities”) from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) arising out of or related to: • The Recipient’s performance or non-performance of its obligations under this Agreement, including the use of Grant funds. • The City’s performance or non-performance of its obligations under this Agreement. • Any actual or alleged negligent or intentional acts or omissions by the Recipient, its officers, employees, agents, contractors, or volunteers in connection with the use of Grant funds. Page 12 of 24  • Any actual or alleged violation of any federal, state, or local laws, regulations, or ordinances by the Recipient in connection with the use of Grant funds. • The termination of this Agreement by City. b. Third-Party Claims The Recipient agrees to indemnify, defend, and hold harmless the Indemnities from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses arising from third-party claims related to: • Bodily injury, death, or property damage occurring in connection with the use of Grant funds. • Intellectual property infringement or any other proprietary rights violations related to the use of Grant funds. • Defamation, libel, slander, or invasion of privacy occurring in connection with the use of Grant funds. c. Insurance Coverage The Recipient’s obligation to indemnify the City is independent of, and not limited by, any insured coverage obtained by the Recipient. The Recipient must maintain the required general liability insurance coverage as outlined in this Agreement, and the policy must include coverage for the indemnification obligations specified in this Agreement. d. Notification and Defense The City agrees to promptly notify the Recipient in writing of any claim, demand, or lawsuit for which indemnification is sought under this Agreement. Upon such notification, the Recipient must assume the defense of the claim, demand, or lawsuit with legal counsel reasonably acceptable to the City. The City retains the right to participate in the defense of any claim, demand, or lawsuit at its own expense. e. Settlement and Resolution The Recipient must not settle any claim, demand, or lawsuit for which indemnification is sought under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. The Recipient must ensure that any settlement does not impose any obligations or liabilities on the City without its prior written consent. f. Survival of Indemnification The indemnification obligations of the Recipient under this Agreement shall survive the expiration or termination of the Agreement. Page 13 of 24  These obligations are continuous and remain in effect for as long as the Indemnitees may be subject to any claims, demands, losses, damages, liabilities, costs, or expenses arising out of or related to the Recipient’s performance or non-performance of its obligations under this Agreement. g. Scope of Indemnification The indemnification obligations of the Recipient extend to claims arising from the acts or omissions of any contractors, subcontractors, agents, or volunteers acting on behalf of the Recipient in connection with the use of Grant funds. The Recipient’s indemnification obligations are not limited by any limitations on the amount or type of damages, compensation, or benefits payable by or for the Recipient under any workers’ compensation acts, disability benefits acts, or other employee benefits acts. h. Waiver of Subrogation The Recipient waives any right of subrogation against the City, its officers, officials, employees, agents, and volunteers to the extent covered by insurance or self-insurance maintained by the Recipient or the City. i. Additional Provisions In the event that any portion of this indemnification provision is found to be unenforceable, the remaining provisions shall continue to be enforceable to the fullest extent permitted by law. The indemnification obligations under this Agreement are in addition to any other rights or remedies that the City may have at law or in equity. 7. Entire Agreement a. Integration Clause This Agreement constitutes the entire agreement between the City and the Recipient regarding the subject matter herein and supersedes all prior negotiations, representations, understandings, and agreements, whether written or oral, between the parties. b. No Other Representations The City and the Recipient acknowledge that no representations, warranties, or inducements have been made by either party other than those expressly set forth in this Agreement. Each party acknowledges that it has not relied on any statements or promises that are not contained in this Agreement. Page 14 of 24 c. Amendments Any amendments or modifications to this Agreement must be made in writing and signed by authorized representatives of both the City and the Recipient. No amendment or modification will be effective unless and until it has been duly executed by both parties. d. Waivers No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. The failure of either party to enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision, nor will any single or partial exercise of any right preclude any other or further exercise of any right under this Agreement. e. Severability If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that, to the maximum extent possible, achieves the original intent of the parties. f. Headings The headings used in this Agreement are for convenience only and will not affect the interpretation of any of the Agreement’s provisions. g. Notices All notices required or permitted under this Agreement must be in writing and delivered to the respective parties at the addresses set forth in this Agreement or to such other address as either party may designate by written notice. Notices may be delivered by personal delivery, certified mail (return receipt requested), or by a recognized overnight courier service. Notices will be deemed given upon receipt or upon refusal of delivery. For City: City of Twentynine Palms 6136 Adobe Road Twentynine Palms, California 92277 Attention: City Clerk For Recipient: [insert address for Recipient’s notices] Page 15 of 24  h. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Signatures delivered by facsimile or electronic means (such as PDF) will be deemed to have the same effect as original signatures. i. Authority to Execute Each party represents and warrants that the person signing this Agreement on its behalf has the requisite authority to do so and to bind the party to the terms and conditions of this Agreement. j. Binding Effect This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. k. Further Assurances Each party agrees to execute and deliver such further documents and to take such further actions as may be necessary or appropriate to carry out the intent and purposes of this Agreement. l. Force Majeure Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to causes beyond its reasonable control, including acts of God, war, terrorism, strikes, labor disputes, government orders, or any other force majeure event. m. Independent Contractors The parties are independent contractors with respect to each other, and nothing in this Agreement shall be construed to create any partnership, joint venture, or agency relationship between them. Neither party has any authority to act on behalf of or to bind the other party, except as expressly provided in this Agreement. 8. Governing Law To ensure that the legal framework governing this Agreement is clearly defined, the following provisions outline the governing law and dispute resolution processes. a. Applicable Law This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws principles. Page 16 of 24 The parties agree that the laws of the State of California will apply to all aspects of this Agreement, including but not limited to the interpretation performance, and enforcement of the Agreement terms. b. Jurisdiction and Venue Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in San Bernardino County, California. The parties irrevocably submit to the jurisdiction of such courts for the purposes of any suit, action, or other proceeding arising out of or related to this Agreement. c. Waiver of Jurisdictional Objections Each party waives any objection to the jurisdiction and venue of any action or proceeding instituted under this Agreement on the grounds of forum non conveniens or any similar doctrine. The parties agree not to argue or assert that any such court is an inconvenient forum. d. Dispute Resolution In the event of any dispute, claim, or controversy arising out of or related to this Agreement, the parties agree to attempt in good faith to resolve the dispute through negotiation. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, they agree to submit the dispute to mediation before a mutually agreed-upon mediator. If the parties cannot agree on a mediator, a mediator will be appointed by the American Arbitration Association (AAA). If mediation does not resolve the dispute, the parties may then proceed to litigation in the courts specified above. e. Attorneys’ Fees and Costs In any legal action or proceeding arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. This provision shall apply to any appeal of a judgment and to the enforcement of any award or judgment obtained in any such action or proceeding. f. Equitable Relief The parties agree that a breach of certain provisions of this Agreement may cause irreparable harm for which there is no adequate remedy at law. In such cases, the non- breaching party shall be entitled to seek injunctive or other equitable relief to prevent or remedy such breach. Page 17 of 24  Seeking equitable relief shall not preclude the non-breaching party from seeking other remedies available at law or in equity. g. Cumulative Remedies The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law or in equity. The exercise of any one remedy shall not preclude the exercise of any other available remedy. h. Notice of Litigation The Recipient must notify the City in writing within five (5) business days if they become aware of any actual or potential legal action or proceeding arising out of or related to this Agreement or the use of Grant funds. Such notice must include a description of the legal action or proceeding and any relevant details. i. Survival of Obligations The provisions of this section shall survive the expiration or termination of this Agreement and shall remain in effect until all obligations and liabilities arising under this Agreement have been fully satisfied. j. Conflict of Laws In the event of a conflict between any provision of this Agreement and any applicable law or regulation, the law or regulation shall prevail, but the affected provision of this Agreement shall be modified only to the extent necessary to comply with the law or regulation, while preserving the original intent of the parties as closely as possible. 9. Signatory Authority The following provisions ensure that the individuals signing this Agreement have the necessary authority and provide for the proper execution of this Agreement. a. Authority to Execute Each party represents and warrants that the person signing this Agreement on its behalf has the requisite authority to do so and to bind the party to the terms and conditions of this Agreement. For the City, this Agreement must be signed by an authorized representative, such as the City Manager, Mayor, or another designated official. For the Recipient, this Agreement must be signed by an authorized representative, such as the Executive Director, President, or another designated official of the organization, or by the individual in the case of a personal application. Page 18 of 24  b. Execution in Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Signatures delivered by facsimile, email, or other electronic means (such as PDF) will be deemed to have the same effect as original signatures. c. Binding Effect This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. The signatories affirm that they have read and understood the Agreement, and agree to be bound by its terms. 10. Acknowledgement of Terms By signing this Agreement, both parties acknowledge and agree to the following: a. Review of Agreement The parties have reviewed and fully understand the terms and conditions set forth in this Agreement. The parties have had the opportunity to seek legal counsel or other professional advice as needed before signing this Agreement. b. Compliance with Terms The Recipient agrees to comply with all requirements and obligations specified in this Agreement to ensure the proper use of Grant funds. The City agrees to fulfill its obligations under this Agreement, including the disbursement of Grant funds as specified. c. Effective Date This Agreement shall become effective as of the date of the last signature below. All obligations and responsibilities outlined in this Agreement will commence as of the effective date and continue until all terms have fulfilled or the Agreement is terminated in accordance with its provisions. [SIGNATURES ON FOLLOWING PAGE] Page 19 of 24 Signatures for City of Twentynine Palms Grant Agreement By signing below, the parties agree to all the terms and conditions outlined in this Agreement. This Agreement shall become effective as of the date last signed below. City of Twentynine Palms By: _____________________________ [Name], [Title] Date: ________________________ Recipient By: _____________________________ [Recipient’s Name], [Title] Date: ___________________________ Page 20 of 24  PAAC BUDGET 24/25 Post Pending Line Catagory Budget Expenditures Actuals Pending Total Contract Labor/Admin [3734]STACEY SOLIE PAAC ADMIN -$405.30 [3829] HEATHER L. DRAKE PAAC ADMINISTATI ON SERVICES FOR NOV 2024- MARCH *Stacey's Final 2025 Bill -$840.00 1 PAAC Administrator $5,460.00 -$1,537.68 $3,517.02 -not invoiced- 2 Grant Writing 3 Consultation for Strategic Planning $2,000.00 $2,000.00 Subtotal- Contract Labor/Admin $7,460.00 -$1,942.98 $5,517.02 -$840.00 $4,677.02 Misc. Administration/City Fees *Taken out of contigency below [1122] GOLD MOUNTAIN CA NEWS MEDIA TRAIL LEGAL SERVICES: PAAC VACANCY NOTICE 4 HD Publishing ad/members -$529.00 Proposed (not invoiced) Artist Registry 5 Project Management Software Software -$40 Subtotal- Misc. Administration/City Fees -$40.00 PAAC Community Arts Grants 6 Youth in Arts/Community Arts Programming $8,000.00 $8,000.00 7 Subtotal- PAAC Community Arts Grants $8,000.00 $8,000.00 City Art Collection Management 8 Mural Restoration 9 Sculpture Restoration 10 Conservator- (for condition reports) Subtotal- City Art Collection Management Publicity/Outreach 11 Publications/Signs/Graphics (APP/VC) 12 Social Media Manager Subtotal- Publicity/Outreach Visitor Center Art Exhibitions Food for Spring VC opening (not invoiced yet) 13 Reception Food $400.00 $400.00 -$100.00 14 Music/other 15 Misc- bulbs, supplies, etc Subtotal- Visitor Center Art Exhibitions $400.00 $400.00 -$100.00 $300.00 Contingency [0001] ONE TIME VENDOR ANNA STUMP- REIMBURSEM ENT FOR PURCHASING A PLAQUE FOR PAAC -$174.80 [1122] GOLD MOUNTAIN CA NEWS MEDIA TRAIL LEGAL SERVICES: PAAC VACANCY NOTICE -$529.00 *4/02/2025 A/P 402256 [3904] CHARLES W TAYLOR REFURBISHE D 29! SCULPTURE (Working w/ *amount below *share of cost TBID) is prior to cost w/TBID Contingency $1,140.00 -$2,700.00 share w/TBID +$????.00 Subtotal- Contingency $1,140.00 -$3,403.80 -$2,263.80 ????? Grand Totals $17,000.00 -$5,347.78 $11,652.22 -$980.00 $10,672.22 5/14/2025 Page 21 of 24 Page 22 of 24  Item # Description APN Location Land Owner Art Creator Art Owner Last Maintained Year Created 1 Sunburst Sculpture 061424152 H62 & Noel's Knoll Cristobal Gonzalez Simi Dabah 2 Serving with Pride Murals 061505129 Oasis Inn & Suites Veno Nathraj David C. Greene 2008 3 Dipsosaurus Dorsalis 061801292 72252 29 Palms Hwy Raphael Di Febo Chuck Caplinger 2007 4 Grococcyx californianus 061801292 72252 29 Palms Hwy Raphael Di Febo Chuck Caplinger 2007 5 Steel sunburst 061815137 Pizza Hut J. Larry Fugate OR CalTrans Simi Dabah 2000 6 Steel sculpture 061815154 Motel 6 Deep Hospitality Simi Dabah 7 29! 061704101 Bullion Avenue City Chuck Caplinger & Moe Pegorelli 2009 8 Ceramic tile mural 061710308 73389 H62 Jeffrey Dunn Janet Braley 1996 9 Blooming Yucca 061711210 73501 H62 Johnathan Hoang Terry Waite 1996 10 Desert wildlife indoor murals 061711210 73501 H62 Johnathan Hoang Ann Lear 11 Metal sculptures 061822203 Bucklin Park City Steve Riemann 2008 12 Steel wall sculpture 061823236 73544 H62 29 Palms Storage LLC Simi Dabah 13 Steel wall sculpture 061711210 73511 H62 John Masterson Simi Dabah 14 Casa de Java 061823301 73550 H62 Rose Kuot family trust Terry Waite & Bob Whitt 1998 15 Keys Mobile 061729201 MBTA Transit Center MBTA John Whytock 2010 16 Sky Climbers 061726207 Old Schoolhouse Museum 29 Palms Historical Society Steve Riemann 1999 17 Scorpion sculpture 061726308 29 Palms Art Gallery 29 Palms Artists Guild Greg Howlind 2000 18 Desert Iron Flower 061726308 29 Palms Art Gallery 29 Palms Artists Guild Terry Waite 1991 19 Steel Rings 061726308 29 Palms Art Gallery 29 Palms Artists Guild Simi Dabah 2009 20 Happy Guy sculpture 061726308 29 Palms Art Gallery 29 Palms Artists Guild Dusty Chambers 2011 21 Two steel sculptures 061726308 29 Palms Art Gallery 29 Palms Artists Guild Simi Dabah 2014 22 Kinetic steel sculpture 06171731 Old JTNP Headquarters United States of America Steve Riemann 1994 23 Spirit of the Desert, Minerva Hamilton Hoyt Mural 06171731 74485 Nat. Park Drive Paul Smith & Jane Grunt Fam. Trust Cory Ench 2004 24 Eternal Flame 061826201 Veterans Park City Simi Dabah 2004 25 Pioneer Memorial bronze 061826205 City Hall front yard City Mike Hill 1976 26 Indoor Joshua Tree NP mural 062306120 Pacific Premier Bank Pacific Premier Bank Jesse Woodard 1999 27 Iron Cross 062308101 Little Church of the Desert Little Church of the Desert Simi Dabah 2009 28 Chain of Life 06211321 Historic Plaza median City Steve Riemann 2009 29 Bill & Ada Hatch, Desert Surveyors 06211321 Historic Plaza park City? Kay Henkel & John Branstetter 2010 30 Mosaics: Ocotillo, Snake, Clouds, Primrose, Five Spot, Coyote, Desert Tortoise, Hawk 06211321 Historic Plaza City? Perry Hoffman, Olive Toscani, Michelle Mark, Lenore Fromm, Leonard Cox 2011 31 Steel sculptures, various 059108115 Sky's the Limit Sky's the Limit Simi Dabah 2007-2014 32 Steel sculptures 062316203 Luckie Park City Simi Dabah 2013 33 Dan Luckenbill memorial sculpture 061829208 29 Palms Library County Public Library Simi Dabah 2013 34 Steel wall sculpture 061729119 Senior Center City Simi Dabah 2014 35 Ram monument, big horn sheep, gold prospector, steel sculptures 061723101 Nat'l Park Drive City Ricardo Breceda, Simi Dabah 2009-2015 36 Pioneer Women 061726207 Old Schoolhouse Museum 29 Palms Historical Society Ricardo Breceda 2016 37 Desert Cactus metal wall sculpture 061825216 6376 Adobe Jermaine Rodney Terry Waite 1996-1998 38 Big horn sheep sculptures 061424146 Harmony Motel Harmony Hospitality 2006 Scott Doten 2015 39 Wrap-around mural 061508208 72051 H62 Sarah Beck Designs, Inc Tommy Wonder 2020 40 Wrap-around mural 061711210 73511 H62 John Masterson Tommy Wonder 2020 41 Glen Case mural 061723111 73911 H62 Binge 2008 Revocable Trust Glenn Case 2020 42 Kenney Mural 061821109 6380 Split Rock Morongo Basin Healthcare District Tim O'Conner 2020-2021 43 Muckrock murals 061729112 6540 Nat'l Park Drive David Bailey Jules Muck "MuckRock" 2021 44 All Seeing Eye w/Cactus Mural 062312108 5737 Adobe Road Huan Hoang Jules Muck "MuckRock" 2017 45 Cowboy w/Arrow Thru Head Mural 062127117 3733 Adobe Road Lan Ngoc Thi Nguyen Jules Muck "MuckRock" 2024 46 Colorful Horse w/Teepees Mural 062306118 6211 Adobe Road Kimberly Holcomb Bunnie Reiss 2023 47 Dog w/Bottle & Cactus Mural 061410113 69131 29 Palms Hwy Oasis Cave Inc Al Marcano 2023 48 Rabbit w/Skeletal Snake & Joshua Tree Mural 061410113 69131 29 Palms Hwy Oasis Cave Inc Son! Visual Co - Artist: Maddie 2024 49 Cactus Sunset Mural 061711212 73527 29 Palms Hwy Eileen A. Leslie Black Light King 2024 50 Ceramic Tile Trash Can 062306120 73700 Gorgonio Dr Pacific Premier Bank Pacific Premier Bank 51 KIOSK - Information 061823326 H62/btwn Jelly Donut/Okinawa Massage TPHS Students 2006 52 Box #1 - Design by: TPHS Student Kyle Bobadilla 062306120 Corner Adobe Rd/Gorgonio DrCity of Twentynine Palms TPHS Students: Kyle Bobadilla, Chantal Zaragoza, Roman Lara, Taylor Frentz, Melody Stahl 2016 53 Box #2 - Design by: TPHS Students Roman Lara & Chantal Zaragoza 061834324 Corner Adobe Rd/Two Mile RdCity of Twentynine Palms TPHS Students: Chantal Zaragoza, Jasmine & Jocely Gaspar, Clarissa Gonzalez, Kyle Bobadilla, Ruby Perez 2017 Traffic Signal Box #1 & #2 were overseen by artist Art Mortimer and coated in 2018 2018 54 Mural - Desert Scene - ACE Desert Hardware 062106103 5152 Adobe Road Morongo Valley High Desert LLC David C. Greene 2024 55 Mural - Roadrunner - Desert Ace Hardware 062106103 5152 Adobe Road ACE Hardware David C. Greene 2019 56 Mural - Desert Scene with Spaceship 73471 29 Palms Hwy GRND SQRL Molly Keen 2023 M1 Bill and Frances Keys (removed) Desert Queen Dan & Peter Sawatzky 1994 (2011) M2 Early Life at the Oasis of Mara 061729121 73777 H62 Ranjit Singh Ron Croci & Robert Caughlan III 1995 M3 Dr. James B. Luckie, The Father of Twentynine Palms 062307109 6175 Adobe Rd Frederick Stefan Schmidt Living Trust Don Gray 1995 M4 Neighbors in Nature I (removed) 73484 H62 Larry & Nancy Cherry Eifert 1995 (2006) M5 Desert Storm Homecoming & Victory Parade 062307108 6177 Adobe Rd Sandra K. & Dawn Benton III Chuck & Holgie Caplinger, David Greene 2020-2021 1995 Page 23 of 24  M6 "The Flying Constable" Jack Cones 061825208 6308 Adobe Rd Sheila D. & David D. Bailey Tim O'Conner 1996 M7 The Dirty Sock Camp 061723111 73911 H62 Binge 2008 Revocable Trust John Whytock 1996 M8 William & Elizabeth Campbell 061722118 74017 H62 La Voie Property Trust Richard Wyatt 1996 M9 Johnnie Hastie & The 29 Palms Stage (removed) 73339 H62 Tim O'Conner 1997 (2023) M10 Frank & Helen Bagley and The Bagley Store 062113205 5653 Historic Plaza J.C. & & C.M. Foster / Bond Family Trust Dan & Janis Sawatzky 1997 M11 Bill & Prudie Underhill and The Desert Trail 061825217 6396 Adobe Road Titus & Renee Burns Susan Smith (deceased) 2007 1997 M12 Desert Gold Mining Days 062302118 6455 Mesquite Avenue Ramsey Kitchen LLC John Whytock artist/Terry Waite metal 1998 M13 Flash Flood 061825232 6244 Adobe Rd Kar Ming Lee Art Mortimer 1998 M14 Desert Wildlife (removed) 72252 H62 Chuck Caplinger 1999 (2007) M15 Desert Wildflowers 061711410 73617 H62 Violet L. Steward Trust Dan Kelly (deceased) 2017 2000 (2023) M16 Valentine's Day 061825208 6308 Adobe Rd Sheila D. & David D. Bailey John Pugh 2000 M17 The Sun Rises 062308101 6079 Adobe Rd Little Church of the Desert Richard Wyatt 2001 M18 Boys Basketball Tournament 062316113 Luckie Park City of Twentynine Palms Art Mortimer & 21 local artists 2002 M19 Good Times at Smith's Ranch 061825233 6296 Adobe Rd Dominick M. Diantonio/Darla K. Tili Tim O'Conner 2002 M20 Operation Iraqi Freedom 061823612 6464 Adobe Rd Nam Yi Chung Don Gray 2002 M21 Neighbors in Nature II 061822201 Visitor Center City of Twentynine Palms Larry & Nancy Cherry Eifert 2018 2006 M22 Battle of the Bell 061808301 29 Palms High School Morongo Unified School District Art Mortimer, 3 assistants, 17 students 2007 M23 Spirit of Mara 041716105 73950 Inn Avenue Jane Grunt Smith Makoto Hashigami 2008 M24 29 Palms Skateboard Park 062316113 Luckie Park City of Twentynine Palms Cristian S. Aluas 2008 M25 Keys' Desert Queen Ranch 061825214 6348 Adobe Road Rungrat Prukatthaphong Art Mortimer & 70 community volunteers 2013 M26 CDPA 20th Anniversary 061726207 Old Schoolhouse Museum 29 Palms Historical Society Chuck Caplinger & Art Mortimer 2014 Updated: February 19, 2025 Page 24 of 24