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HomeMy WebLinkAboutA8829 - THE ART COLLECTIVECONSTRUCTION AGREEMENT TO SUPPORT TEMPORARY PUBLIC ARTWORK INSTALLATION This Construction Agreement to Support Temporary Public Artwork Installation ("Agreement") is entered into this 3 day of May 2021, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and The Art Collective, LLC, a California limited liability company ("Contractor"), regarding the display of artwork entitled "History of Suspended Time" ("Artwork") by artist Gonzalo Lebrija ("Artist"). CCf`ITAI C The Palm Springs Public Art Commission and Palm Springs City Council have approved a temporary exhibition of the Artwork to be located on the southeast corner of Museum Drive and Museum Way at 120 Museum Drive, Palm Springs, California 92262 ("Site"), more specifically shown in the map attached hereto and incorporated herein by this reference as Exhibit "A." The Artwork is more specifically shown in the depiction attached hereto and incorporated herein by this reference as Exhibit "B." The City and Contractor wish to prepare the Site for the Artwork installation. THEREFORE, the City and Contractor agree as follows: 1. City's Responsibilities. Subject to the terms and conditions of this Agreement, the City shall pay Twenty Nine Thousand One Hundred Fifty Dollars ($29,150.00) to Contractor for construction work required to support the installation of the Artwork at the Site, as further described in Section 2 of this Agreement. I 2. Contractor's Responsibilities. Contractor shall be responsible for the construction work required to support the installation of the Artwork at the Site, including site excavation, core drilling, construction and installation of gunite pond perimeter and installation of pool equipment, and security fencing during construction and installation gunite pond. 3. Compliance with Law. Contractor hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state, and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site or to the use or manner of use of the Site. Without in any way limiting the foregoing, Contractor specifically and in perpetuity agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, et seq.) as it applies and relates to the Artwork and all matters in this Agreement. 4. Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content consistent with industry standards, with an insurer qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide with a financial class category of Class VII or better, unless such requirements are waived by the City Attorney, during the entire term of this Agreement and at all times while the Artwork is located on the Site, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Contractor's indemnity obligation under Section 5, below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Contractor and the K City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by or any person retained by Contractor in the course of carrying out the obligations of this Agreement. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to the City. Cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 4. Contractor shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Contractor agrees that the existence of any insurance shall not limit or otherwise affect Contractor's obligations under this Agreement. In the event the City Attorney determines that the work or services to be performed under this Agreement create an increased or decreased risk or loss to the City, Contractor agrees that the minimum limits of the insurance policies required by this Section 4 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 5. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, K7 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6. Enforcement of Agreement. 6.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 6.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be 4 construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6.3 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 6.4 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 6.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 6.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the 5 non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 7. Miscellaneous Provisions. 7.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the 31 defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 7.2 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing. All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 7 To Contractor : The Art Collective, LLC 34330 Gateway Drive, Unit 110 Palm Desert, California 92211 Attention: Arlene Amick Telephone: (760) 262-7741 Email: arlene@theartcollective.com 7.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 7.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 7.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 7.6 Successors in Interest. The obligations of Contractor under this Agreement shall be binding on Contractor successors and assigns. 7.7 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any 0 rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 7.8 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 7.9. Signature Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 7.10 Exhibits. The Exhibits attached to this Agreement are incorporated by this reference herein. 7.11 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each Party hereto. 7.12. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. 0 CITY OF PALM SPRINGS rA)&, Dated: '5 Justin Clifton, City KUnager ATTESTED BY: h Dated: Anthopy Mejia, City I APPROVED AS TO FORM: Jeffrey Ballinger, City Attorney 1 I7 THE ART COLLECTIVE, LLC, a California limited liability company: .4 - Dated: 05/03/2021 Arlene Amic 10 '4�- CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 01/07/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACTNAME: REBECCA BYROM INS AGENCY INC 57130648 7960 SILVERTON AVE 203 SAN DIEGO CA92126 PHONE (888) 724-7242 (A/C, No, Ext): FAX (858) 227-0850 (AIC, No): E-MAC ADDRESS: INSURER(S) AFFORDING COVERAGE NAICA INSURER A : Sentinel Insurance Company Ltd. 11000 INSURED INSURER B : Hartford Accident and Indemnity Company 22357 THE ART COLLECTIVE INSURER C : Security National Insurance Company 560760 34330 GATEWAY DR STE 110 PALM DESERT CA 92211-0849 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1 ,000.000 __1CLAIMS-MADE�OCCUR DAMAGE TO RENTED PREMISES (Ea occufferce) $1,000,000 X General Liability MED EXP (Any one person) $10,000 A X X 57 SBA BM2310 09/06/2020 09/06/2021 PERSONAL a ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000.000 POLICY ❑ JE O- LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) B ALLOWNED X SCHEDULED AUTOS AUTOS X X 57 UEC FP6693 09/06/2020 09/06/2021 BODILY INJURY (Per accdent) PROPERTY DAMAGE (Per accident) X HIRED NON -OWNED AUTOS X AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS - MADE EO RETENTION $ WORKERS COMPENSATION PER 07H- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANY YIN PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A X SWC1250462 07/12/2020 07/12/2021 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIP'nON OFOPERA77ONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3200 E TAHQUITZ CANYON WAY BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED PALM SPRINGS CA 92262 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c-l'"q� C ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ,a►c ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED REBECCA BYROM INS AGENCY INC THE ART COLLECTIVE POUCYNUMBER 34330 GATEWAY DR STE 110 SEE ACORD 25 PALM DESERT CA 92211-0849 CARRIER NAIC CODE SEE ACORD 25 EFFECnVE DATE: SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. ACORD 101 (2014101) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "A" Map of Exhibition Site Exhibition Site to be located at the southeast corner of Museum Dr. and Museum Way. 11 � �PpLA1 sA� i • a V N f / -"bourt� ��4 ■ c4'froA��P CITY COUNCIL STAFF REPORT DATE: November 6, 2019 CONSENT CALENDAR SUBJECT: CONCEPTUAL APPROVAL OF THE TEMPORARY INSTALLATION OF THE ARTWORK "HISTORY OF SUSPENDED TIME" BY GONZALO LEBRIJA ON LOAN FROM THE PALM SPRINGS ART MUSEUM AT THE CITY'S PARCEL LOCATED AT THE SOUTHEAST CORNER OF MUSEUM DRIVE AND MUSEUM WAY FROM: David H. Ready, City Manager BY: Marcus L. Fuller, Assistant City Manager SUMMARY At the October 10, 2019, Public Arts Commission meeting, the Commission approved the loan of the artwork "History of Suspended Time" (Artwork) by Gonzalo Lebrija (Artist) for installation at the southeast corner of North Museum Drive and Museum Way in partnership with the Palm Springs Art Museum. Pending Council approval of its placement on City property, the Artwork would be on loan for one year. The Public Arts Commission is requesting the City Council approve placement of the Artwork on Block H2 and approve an expenditure not to exceed $35,000 from the Public Art Fund to assist with the installation and maintenance of the Artwork subject to an agreement with the Palm Springs Art Museum. RECOMMENDATION: 1. Approve placement of the public art piece "History of Suspended Time" by Gonzalo Lebrija at the southeast comer of North Museum Drive and Museum Way on the City parcel identified as "Block 1-12" of the Downtown Project; 2. Authorize an expenditure in an amount not to exceed $35,000 from the Public Arts Fund to assist with site preparation and maintenance of the Artwork, subject to an agreement with the Palm Springs Art Museum; and 3. Authorize the City Manager to execute all necessary documents to facilitate the installation and maintenance of the artwork. ITEM NO. Q 1 City Council Staff Report November 6, 2019 — Page 2 Approve Site for Artwork "History of Suspended Time" BACKGROUND: At the October 10, 2019, Public Arts Commission meeting, the Public Arts Commission approved placement of the artwork "History of Suspended Time" by Gonzalo Lebrija on City property identified as "Block H2" of the Downtown Project, to be loaned through a cooperative agreement in partnership with the Palm Springs Art Museum. An exhibit showing the location of Block H2 is provided as Attachment 1. The Artwork is further described in Attachment 2, and shown in Figures 1 through 3, and is currently on display at the Museum of Contemporary Art Denver. Figure 1 "History of Suspended Time" by Gonzalo Lebrija City Council Staff Report November 6, 2019 — Page 3 Approve Site for Artwork "History of Suspended Time' Figure 2 "History of Suspended Time" by Gonzalo Lebrija 3 City Council Staff Report November 6, 2019 — Page 4 Approve Site for Artwork "History of Suspended Time" Figure 3 "History of Suspended Time" by Gonzalo Lebrija 0 City Council Staff Report November 6, 2019 -- Page 5 Approve Site for Artwork "History of Suspended rime" STAFF ANALYSIS: As shown in the photos, the artwork involves vertically installing a vehicle on its end over a shallow pool of black water. The installation process guide included with Attachment 2 includes photos of the method by which the vehicle is made vertical by a welded metal pipe extending through the body and frame of the vehicle. For the artwork installation in Denver, this metal pipe is then bolted and attached to a similar metal pipe embedded into the ground (depth unknown). Logistics of installing this artwork at Block H2 is complicated by the fact that Block H2 extends over the City's underground parking garage, thus the reinforced concrete roof of the underground parking garage comprises the "ground level" of Block H2. A 12 inch layer of soil and gravel was previously installed over the garage roof deck, and is insufficient for embedding a metal steel pipe to vertically support the vehicle. It will be necessary for a structural engineer to design a spread footing in lieu of the embedded steel pipe, such that the vehicle can be bolted and secured vertically over the reinforced concrete deck. Staff recommends not attaching or securing, by dowels or otherwise, the artwork physically to the reinforced concrete deck, to avoid damaging it. It is unknown what the cost is to design and construct the necessary spread footing to support the artwork in this installation. Another logistic relates to the construction of the black pool of water over which the vehicle is installed (also shown in the installation process guide). This pool of water must be designed and constructed (cost unknown) and include waterproofing to protect the underlying reinforced concrete deck. Staff was advised that water in the pool is recirculated with a small pool pump, requiring electrical utility service. In the alternative, a base other than water may be considered by the artist. Although provisions (sleeves) for utility service were extended to Block H2 from Belardo Road west in Museum Way, it will be necessary to coordinate with Southern California Edison (SCE) to extend service and set a meter panel to provide power for the mechanical equipment and any lighting for the artwork. It is unknown what SCE's cost to extend service will be, or ongoing electricity bills for the service. Resolving these logistical issues will require further consideration by City staff and representatives from the Palm Springs Art Museum. Staff was advised that the Museum is assuming responsibility for costs to secure the artwork and install it, with the City to assume responsibility for site preparation and maintenance. The details establishing responsibility for these items will be incorporated into an agreement with the Palm Springs Art Museum, with the City Council authorizing the City's costs not to exceed $35,000. The artwork would be on loan, with ownership and all copyrights associated with the artwork and its installation remaining with the artist, Gonzalo Lebrija. 9 City Council Staff Report November 6, 2019 -- Page 6 Approve Site for Artwork 'History of Suspended Time" In accordance with the Public Arts Ordinance No. 1479 Chapter 3.37 the proposed site meets the criteria's under Section 3.37.080 (b) Art Site Acceptability which states: "When selecting the location for art purchased through the public arts fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc. Lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites." The Arts Commission has requested staff to present this item to Council for its approval to proceed with the installation at Block H2. To the extent the logistical issues outlined in this staff report, or any others, are not resolved, this fact may prevent the artwork installation despite Council's approval. Alternatively, if resolving these logistical issues exceeds the $35,000 budget authorized by Council, requiring future reconsideration of the item in the context of additional budget would be required. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA!'). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. in response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), staff has determined that installation of the artwork on Block H2 is considered categorically exempt from CEQA City Council Staff Report November 6, 2019 -- Page 7 Approve Site for Artwork "History of Suspended Time" FISCAL IMPACT: Anticipated costs to install and maintain the Artwork include: • Site preparation and reconstruction • Utilities • Maintenance of the pool element (Pool) of the Artwork to occur two (2) times a week for one year It is staff's understanding that the Palm Springs Art Museum is assuming responsibility for the costs to secure the loan for the artwork, shipping, and installing it, with the City responsible for preparing the site, potentially constructing the footing necessary for its installation, constructing the pool of water, etc. It is also staff's understanding that the City will be responsible for some or all of those costs, in additional to extending utility service, utility costs, maintenance, and potentially any security measures needed for the artwork installation. If approved, the maximum expenditure authorized at this time will be $35,000. SUBMITTED: Jay & Economic Development w David H. Ready, Es ., .D. City Manager Attachments: 1) Site 2) Artwork Description Marcus L. Fuller, P.E., P.L.S. Assistant City Manager/City Engineer 7 ATTACHMENT 1 0 ATTACHMENT 2 iul Artist: Artwork: Timeline: Loan Duration: Community Partners: Description of the project: ARTWORK DESCRIPTION Gonzalo lebrija, b. 1972, Mexico City (based in Guadelajara) History of Suspended Time: Monument for the Impossible Proposed installation fall 2019 1 year City of Palm Springs, Palm Springs Art Museum, MCA Denver A massive car delicately poised on the surface of the water, History of Suspended Time: Monument for the impossible appears to defy gravity and stop time. In addition to creating an uncanny and sublime effect, the installation encourages visitors to think about the automobile as a symbol of modern life and human aspiration. Furthermore, the work represents a more complex discussion of energy beyond the popular topic of conservation. This sculpture was originally installed as a public art installation in the parking lot across from the Museum of Contemporary Art Denver (MCA Denver) in the summer of 2010. Guadalajara -based artist Gonzalo Lebrija created this artwork as a dual collaboration with MCA Denver and the City of Denver's inaugural 2010 Biennial of the Americas. History of Suspended Time marked the physical and permanent realization of an earlier performance during which the artist hoisted a restored muscle car above a lake with a crane and then dropped the car into the water while filming it with a high-speed camera. Lebrija's camera caught the moment just before the car broke the lake's surface. While in reality the car was in motion, in the image it appears to be suspended in time, an illusion made monumental in Gonzalo's subsequent installation. 11 Installation Process for History of Suspended Time (A monument for the imposible) Gonzalo Lebrija W '+iw1c i ra t: 40 i J S r 10 kw A-1 it. QU`; IL I1 N WN I 40 i i+ 4 0 aTv 0 fk gip..., 7T P ik 1 y Y F 1 Tr it - _ . ,I.-�. ._�. .�, Li L� i t,+ �I V'' V4 �rI ,±�� 1�Lr ?�• r�; y r r 0 v L7- -4 �!1 FISHER NO.2_ iQe S- 001_' �r .' i�h� r b r, w Ok loll . E ram-- - - I . -, _a x, i 11)