HomeMy WebLinkAbout23S345 - PS ART MUSEUM - PLACEMENT & LOAN OF ARTWORKCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Placement and Loan of Artwork
Palm Springs Art Museum
Adam Lerner, Executive Director
alerner@psmuseum.org
placement & loan of artwork
$0.00
3 years
N/A
Adam Lerner, alerner@psmuseum.org
copy: Rachael Faust, rfaust@psmuseum.org
City Manager
Cindy Cairns
N/A
23S345
N/A
N/A
No
N/A
Procurement
N/A
No N/A
N/A
N/A
10/31/2023 Brian Sotak-Rossman
DocuSign Envelope ID: 4BB9664D-C701-407A-8307-8196AC7915EE
55575.00001\40072369.2
AGREEMENT 23S345
FOR PLACEMENT AND LOAN OF ARTWORK
THIS AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (“Agreement”)
is entered into as of this 19th day of October, 2023, by and between the City of Palm Springs, a
California charter city and municipal corporation (“City”), and PALM SPRINGS ART MUSEUM
(“Owner”).
RECITALS
A. The City has established a Public Arts Program, which authorizes the placement of works
of art on appropriate private and public property, which encourages public access and
viewing of the artwork.
B. Under the Public Arts Program, artwork may be loaned to the City with or without a fee
paid for the loan term.
C. Owner desires to loan a work of art and have such work of art placed on public property in
accordance with this Agreement and the City of Palm Springs Public Arts Program as
established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code (Public Arts
Ordinance).
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereby agree that acceptance of the loan of the artwork described
below of this Agreement is subject to the following conditions:
1. City Representative: The City Manager, or designee, a Contract Officer of the City (“City
Manager”), shall be the City’s designated representative with respect to this Agreement.
Under the direction of the City Council, the City Manager shall have the authority to give
approvals or consents required hereunder and to otherwise act on behalf of the City for
purposes of this Agreement.
2. Loan Term: The loan term shall be three (3) years, with an option to renew for an extended
period of time as agreed upon by both parties.
3. Termination: Both the City and the Owner have the right to terminate this Agreement upon
thirty (30) days’ advance written notice, with or without cause. Upon termination, the
Owner shall cause the artwork to be removed at Owner’s sole cost and expense.
4. The Artwork: The Owner will loan to the City various artworks as shown in Exhibit “A”
(the “Artwork”).
5. Location, Installation, and Removal: The Artwork will be installed in the east lobby at
Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. All installation and
removal costs and expenses set forth herein shall be the sole responsibility and liability of
the Owner.
DocuSign Envelope ID: 4BB9664D-C701-407A-8307-8196AC7915EE
55575.00001\40072369.2
6. Packing and Transport: All packing and transportation costs for relocating Artwork to the
designated sites and its return to the Owner shall be paid by the Owner and arranged and
supervised by Owner’s staff. Installation dates, and the costs related thereto, will be
mutually approved by City and Owner.
7. Insurance: City shall procure and maintain, in a form and amount consistent with the City’s
past practice in insuring public art installed and maintained on City-owned property,
appropriate insurance for the artwork.
8. Care and Condition: The Artwork is loaned in good condition unless otherwise noted. The
Artwork should be examined for condition upon receipt. The Artwork shall at all times be
given special care to protect it against loss, damage, or deterioration. Should loss or damage
or deterioration be noted, the Owner is to be notified immediately and in detail. It is
understood that the Artwork covered by this Agreement shall remain in the condition in
which they are received. The Artwork shall not be repaired, retouched, moved, or altered
in any way by City. Regularly scheduled cleaning of Artwork shall be performed by
Owner.
9. Credit: During the term of this Agreement, all formal references to the Artwork shall
include the following credit line: “Collection of Palm Springs Art Museum, Gift of the
artist. Placed by City of Palm Springs.”
10. Indemnification: Owner hereby agrees to indemnify and hold harmless the City, its
officers, agents and employees from and against any and all actions, suites, claims,
damages, losses, costs, penalties, obligation, errors, omissions or liabilities (collectively
“Claims or Liabilities”) arising out of or in any way connected with any act, omission or
negligence of Owner, its agents, employees or contractors, or from the existence of the
Artwork at the designated sites, or related to this Agreement, including, without limitation,
bodily injury to or death of persons, injury or damage to Property and attorney’s fees.
DocuSign Envelope ID: 4BB9664D-C701-407A-8307-8196AC7915EE
55575.00001\40072369.2
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND PALM SPRINGS ART MUSEUM
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
OWNER:
By: _______________________________________ By: _________________________________________
Signature Signature (2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________
City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 4BB9664D-C701-407A-8307-8196AC7915EE
11/1/2023
11/2/2023
55575.00001\40072369.2
EXHIBIT A
Artwork and Location
1. Sheila Lichacz, Panamanian, born 1942
Tinajas, 1982
oil on linen
72 x 114 inches
Collection Palm Springs Art Museum, Gift of the artist
21-1988
Insurance Value: $100,000.00 USD
DocuSign Envelope ID: 4BB9664D-C701-407A-8307-8196AC7915EE