HomeMy WebLinkAbout23P194 - ANNE FAITH NICHOLLS - PS SERENITYCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
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Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
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Council/City Manager Approval Date:
Agreement Number:
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Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Purchase & Sale of Public Artwork-The Pillars of PS-SERENITY
Anne Faith Nicholls
Anne Faith Nicholls
annefaithnicholls@gmail.com
Purchase & Sale of Public Artwork-The Pillars of PS-Serenity
$44,000
October 1, 2023 through April 15, 2024
Yes
Anne Faith Nicholls, annefaithnicholls@gmail.com
Community & Economic Development
Jay Virata
09/26/2023
23P194
N/A
Yes
Yes
Yes
Procurement
N/A
No
Solicitation-Call For Artists-The
Pillars of Palm Springs
N/A
N/A
N/A
8/24/2023 Brian Sotak-Rossman
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$137.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Anne Faith Nicholls
DBA: Anne Faith Nicholls
Owner:Anne Faith Nicholls
Mailing Address:1488 Via Roberto Miguel
Palm Springs, CA 92262
License Number:ICA-002255-2023
Expiration Date:08/31/2024
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:1488 VIA ROBERTO MIGUEL,
PALM SPRINGS, CA 92262
Business Description:Artist - Consulting Services
TO BE POSTED IN A CONSPICUOUS PLACE
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PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P194
THE PILLARS OF PALM SPRINGS – SERENITY
THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on October 1, 2023, by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation (“City”), and ANNE
FAITH NICHOLLS (“Artist”).
RECITALS
A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts
Commission (“Commission”) and an Art in Public Places Program (“Program”).
NOW, THEREFORE, City and Artist, for the consideration and under the
conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set
forth in Municipal Ordinance No. 1479, and as outlined on Exhibit A Scope of Work and
Pricing and Exhibit B Insurance Requirements agree as follows:
AGREEMENT
1. Ownership of Documents, Models. All studies, drawings, designs, and models prepared
and submitted by Artist to City relative to this Agreement shall become the property of City. City
agrees not to reuse such studies, drawings, and models for the purpose of constructing a full-
sized duplicate of the Artwork.
2. Payment. As consideration for the Artwork, City shall pay Artist a total of $44,000.00
from Public Art Program funds.
3. Artist’s Rights; City’s Ownership Rights.
3.1 Alterations. The City, pursuant to its governmental and proprietary
responsibilities, intends to display the Artwork at the Site as originally created by Artist and to
maintain the Artwork in good condition. The City will preserve complete flexibility to operate
and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter
the Artwork in City’s sole judgment. For example, City may alter the Artwork to eliminate
hazard, to comply with the ADA, to otherwise aid City in the management of its property and
affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right
to cause the Artwork to be installed at an alternate location that City chooses in its sole
reasonable discretion.
3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist
waives any and all rights and claims, arising at any time and under any circumstances, against
City, its officers, agents, employees, successors and assigns, arising under the federal Visual
Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil
Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of
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the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any
other type of moral right protecting the integrity of works of art. If the Artwork is incorporated
into the Site such that the Artwork cannot be removed from the Site without alteration of the
Artwork, Artist waives any and all such claims against the City, and its agents, officers and
employees, for alteration of the Artwork.
3.3 Disclaimer. If City alters the Artwork without Artist’s consent in a manner that
is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork
in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2).
4. Artist’s Warranties.
4.1 Defects in Materials or Workmanship. Artist warrants that the Artwork will be
free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy
any defects due to faulty workmanship or materials appearing during the twenty-four (24) month
period immediately following execution of both parties of this Agreement. This warranty
includes any workmanship or materials which cause the Artwork to deteriorate over said twenty-
four (24) month period in a manner inconsistent with the design, the approved plans and
specifications or as would otherwise be expected from products made of similar materials, or
from any quality within the materials which comprise the Artwork which, either alone or in
combination, result in the tendency of the Artwork, or their installation, to deteriorate.
4.2 Title. Artist warrants that the Artwork is the result of the artistic efforts of Artist
and that the Artwork will be delivered and transferred to City free and clear of any liens, claims,
or other encumbrances of any type, exclusive of intellectual property rights of Artist.
5. Maintenance of the Artwork. Artist shall provide City with written instructions for
appropriate maintenance and preservation of the Artwork.
6. Default; Remedies.
6.1 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise
thereto. The injured party shall continue performing its obligations hereunder so long as the
defaulting party commences to cure such default within fifteen (15) calendar days of receipt of
such notice and completes the cure of such default within thirty (30) calendar days after receipt
of the notice, or such longer period as may be permitted by the injured party; provided that if the
default is or presents an immediate danger to the health, safety and general welfare, City may
take immediate action. Compliance with the provisions of this section shall be a condition
precedent to termination of this Agreement for cause and to seek arbitration, and such
compliance shall not be a waiver of any party’s right to seek arbitration in the event that the
dispute is not cured.
6.2 Waiver. No delay or omission in the exercise of any right or remedy by non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver
unless such waiver, delay or omission is memorialized in writing. A party’s consent to or
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approval of any act by the other party requiring the first party’s consent or approval shall not be
deemed to waive or render unnecessary the other party’s consent to or approval of any
subsequent act unless such consent or approval is memorialized in writing. Any waiver by either
party of any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
6.3 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties hereunder 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.
6.4 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend
or is made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’
fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees
shall be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs which are incurred in such arbitration and on appeal.
7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and
agents, harmless from and against any and all liabilities, actions, claims, demands, losses, costs,
damages, penalties, and expenses (collectively “Claims”), including but not limited to Claims
arising from injuries to or death of persons and for damage to property, that arise out of or relate
to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising
from the sole negligence or willful misconduct of the City, its elected officials, officers,
employees, agents, and volunteers.
8. Intellectual Property and Publicity Rights
8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City,
the Artist shall convey and assign title to the Work and all rights thereto to the City by executing
and delivering the Bill of Sale in the form attached hereto as Exhibit “C” (“Bill of Sale”). The
Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall
register a copyright with the United States Copyright Office, and the Artist shall provide the City
with a copy of the application for registration. The City’s share in the copyright of the Work
shall be transferred to the City by the Bill of Sale.
8.2 Copyright. Except as noted in this Agreement, the Artist shall retain all
copyrights in all original works of authorship produced under this Agreement. Artist’s copyright
shall not extend to predominantly utilitarian aspects of the work, such as landscaping elements,
furnishings, or other similar objects. Notwithstanding any other provision to the contrary, Artist
shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the
Artwork or any component thereof or any likeness or reproduction of the Artwork or any
component thereof without the express written approval of the City. Nothing herein shall prohibit
the Artist from providing two dimensional images of the Artwork or portions thereof to be
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included in any portfolio or other resume of the Artist demonstrating or depicting representative
samples of the Artist’s work.
8.3 City’s Intellectual Property License. Artist grants to City, and to City’s agents,
authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights
worldwide with respect to the Artwork and any and all intellectual property or other property of
any nature produced, created, or suggested by the Artist during the term of this Agreement or
resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole
and exclusive property of the City. Such license rights include, but are not limited to the
following with respect to the Artwork and any original works of authorship created under this
Agreement, whether in whole or in part, in all media (including electronic and digital)
throughout the universe:
(a) Implementation, Use, and Display. City may use and display any and all
graphic representations or models of the Artwork, as well as the Artwork. To the extent the
Artwork involves design elements that are incorporated by City into the design of the Site, City
may implement such elements at the Site.
(b) Reproduction and Distribution. City may make and distribute, and
authorize the making, display, and distribution of, photographs and any other two or three-
dimensional reproductions. City may use such reproductions for any purpose (commercial and
noncommercial), including advertising, educational, and promotional materials, brochures,
books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City
benefactors, documentation of City’s Civic Art Collection, and catalogues or similar
publications. City shall ensure that such reproductions are made in a professional and tasteful
manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such
reproductions shall be used to maintain and support the Artwork or for any other governmental
or charitable purpose as determined at the sole discretion of City. This provision is intended to
constitute a transfer of the right to reproduction, and this Agreement is intended to be and shall
be deemed to constitute the document in writing required by Civil Code Section 982(c).
(c) Public Records Requests. Any documents provided by Artist to City are
public records and City may authorize third parties to review and reproduce such documents
pursuant to public records laws.
8.4 Third Party Infringement. The City is not responsible for any third party
infringement of Artist’s copyright and not responsible for protecting the intellectual property
rights of Artist.
8.5 Publicity. City shall have the right to use Artist’s name, likeness, and
biographical information, in connection with the display or reproduction and distribution of the
Artwork including all advertising and promotional materials regarding the City. Artist shall be
reasonably available to attend any inauguration or presentation ceremonies relating to the public
dedication of the Artwork.
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8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service
mark, or trade dress rights in connection with the Artwork, City shall have an exclusive and
irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork
in any manner that would cause a likelihood of confusion as to source or sponsorship by City, its
agents or assigns, or to dilute the distinctive quality of such mark.
8.7 Unique. Artist warrants that the design of the Artwork is an edition of one, and
that neither Artist not Artists’ agents will execute or authorize another to execute another work
of the same or substantially similar image, design, dimensions, and materials as the Artwork.
Artist may create works that utilize or incorporate various individual art elements that comprise
the Artwork, so long as the work utilizing or incorporating such individual elements (1) does not
consist predominantly of such elements (2) is not the same or substantially similar in image,
design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that
is the same or substantially similar to the environment in which the Artwork is to be displayed at
the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70
years or for the duration of the Artwork’s copyright protected status, whichever is longer, and
shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of
two or more individual persons or a group of people, the measuring life shall be the life of the
last surviving individual person comprising Artist. Recognizing that City has no adequate
remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist
breaches this warranty, City shall be entitled to enjoin Artist’s breach.
8.8 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the
resale value of the Artwork is not itemized separately from the value of the real property, the
Parties agree that the resale price of the Artwork shall be presumed to be less than the purchase
price paid by City under this Agreement. Thus, City has no obligation to pay resale royalties
pursuant to California Civil Code §986 or any other law requiring the payment of resale
royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a
real property transaction, City shall pay to Artist a resale royalty to the extent required by law,
based upon the sale price of the Artwork.
9. Documentation. To the extent possible, Artist shall provide information on the Artwork
requested by the City for its registration files.
10. Repair and Restoration. It is the current policy of the City to consult with Artist
regarding repairs and restoration which are undertaken during Artist’s lifetime when that is
practical. To facilitate consultation, Artist will, to the extent feasible, notify the City of any
change in his professional address.
11. Reputation.
11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s
name in a way which reflects discredit on the Artwork or on the name of Artist or on the
reputation of Artist.
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11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork
or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the
Artwork.
11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist
are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily
assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this
Agreement or any of the services to be performed hereunder without the express written consent
of City, which consent may be withheld in City’s sole and absolute discretion. In the event of
such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.
12. Integration; Amendments. This Agreement contains all of the agreements of the parties
and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed
by authorized representatives of the parties hereto. No prior oral or written understanding shall
be of any force with respect to those matters covered in this Agreement.
13. Governing Law. This Agreement and all matters pertaining thereto shall be construed
according to the laws of the State of California. Venue shall be in Riverside County.
14. Further Responsibilities of the Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the services of the other.
15. Notices. Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given by personal delivery or by mailing the same by
registered or certified mail, return receipt requested, to the party to whom the notice is directed at
the address of such party hereinafter set forth, or such other address and to such other persons as
the parties may hereafter designate, or by facsimile when followed by a facsimile confirming
receipt:
To Artist: Anne Faith Nicholls
Attention: Anne Faith Nicholls
1488 Via Roberto Miguel
Palm Springs, CA 92262
To City: City of Palm Springs
Attention: City Manager / City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Copy to: City of Palm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
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A change in the designation of the person or address to which submittals, requests, notices or
reports shall be delivered is effective when the other party has received notice of the change by
certified mail or by facsimile when followed by a return facsimile confirming receipt.
16. Execution in Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement binding on both parties hereto, notwithstanding
that all parties are not signatories to the original on the same counterpart.
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND ANNE FAITH NICHOLLS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
CONTRACTOR:
By: _____________________________ By: ______________________________
Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 09/26/2023 Item No. 1-H
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
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10/31/2023
11/2/2023
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EXHIBIT A
SCOPE OF WORK AND PRICING
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1. General Requirements
Artist will submit a proposal for a pillar sculpture(s) that represent one of six equities that
represents the core ethos and identifier for Palm Springs community. These are: (1) Creativity,
(2) Equality, (3) Serenity, (4) Diversity, (5) Civility, and (6) Community.
2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon
median art pads between Sunrise Way and El Cielo Road.
B. The sculpture is to be between 6’-12’ tall and must be anchored on the 5’ x 5’ art pads
currently located in the median. (Note: important as that will be the base to support the
piece and crucial for installation)
C. The sculpture shall be a one-of-a-kind piece.
D. The sculpture shall be appropriate in scale, material, form and content for the immediate,
general, social and physical environments with which they relate.
E. Consideration shall be given to structural and surface integrity, permanence, and
protection against theft, vandalism, weathering, and maintenance and repair costs.
F. No parts of the sculpture may extend beyond the median.
G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes
of individuals operating vehicles on the City streets.
H. The sculpture will represent one equity that represents the core ethos and identifier for
Palm Springs community. These are (1) Creativity, (2) Equality, (3) Serenity, (4)
Diversity, (5) Civility, and (6) Community.
I. Artists may submit multiple proposals for each of the represented equity values (pillars).
J. A total of six (6) pieces will be selected for production and installation.
K. The word of your chosen equity must be visible on the sculpture to passersby. The word
must be a fully integrated design element, and not simply a caption on the pedestal. Only
one equity is to be represented in the piece.
L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.
3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor,
materials, overhead, profit, travel, and all administrative costs.
4. Invoicing
A. The Contractor shall submit the invoice to the Contract Administrator. Invoice must
contain following: i. Purchase order number
B. Approval for payment shall be authorized by the Contract Administrator.
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EXHIBIT B
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Contractor’s performance under this
Agreement. Contractor shall procure and maintain all insurance at its sole cost and
expense, in a form and content satisfactory to the City, and submit concurrently with its
execution of this Agreement. Contractor shall also carry workers’ compensation insurance
in accordance with California workers’ compensation laws. Such insurance shall be kept in
full force and effect during the term of this Agreement, including any extensions. Such
insurance shall not be cancelable without thirty (30) days advance written notice to City of
any proposed cancellation. Certificates of insurance evidencing the foregoing and
designating the City, its elected officials, officers, employees, agents, and volunteers as
additional named insureds by original endorsement shall be delivered to and approved by
City prior to commencement of services. The procuring of such insurance and the delivery
of policies, certificates, and endorsements evidencing the same shall not be construed as a
limitation of Contractor’s obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the
State of California and Employer’s Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Contractor has no employees, Contractor shall
complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement
form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s
insurance coverage shall be primary with respect to the City and its respective elected
officials, officers, employees, agents, and volunteers. Any insurance or self-insurance
maintained by City and its respective elected officials, officers, employees, agents, and
volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For
Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive
all rights of subrogation and contribution it may have against City, its elected officials,
officers, employees, agents, and volunteers.
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4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall
also agree in writing either (1) to purchase tail insurance in the amount required by this
Agreement to cover claims made within three years of the completion of Contractor’s
services under this Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier in the amount required by this Agreement for at least three years after
completion of Contractor’s services under this Agreement. Contractor shall also be
required to provide evidence to City of the purchase of the required tail insurance or
continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of
B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All proof of
insurance is to be received and approved by the City before work commences. City
reserves the right to require Contractor’s insurers to provide complete, certified copies of
all required insurance policies at any time. Additional insured endorsements are not
required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable
Certificate of Liability Insurance Coverage with an approved Additional Insured
Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and
all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for
any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, “endeavor to” mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or
representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
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All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance
underwriter. Failure to obtain the required documents prior to the commencement of work
shall not waive the Contractor’s obligation to provide them.
1. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City prior to commencing any work or services
under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected
officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration, and
defense expenses. Certificates of Insurance must include evidence of the amount of any
deductible or self-insured retention under the policy. Contractor guarantees payment of
all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the insurer’s liability.
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Revised 4.13.23 Page 15 of 15
EXHIBIT C
BILL OF SALE
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT is made as of ________________, from
ANNE FAITH NICHOLLS (Seller) to the CITY OF PALM SPRINGS, a municipal corporation
(“Buyer”).
That for good and valuable consideration to be paid pursuant to the provisions of that
certain Agreement for Purchase and Sale of Public Art Work dated _______________________
between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer
and deliver unto Buyer, and its successors and assigns, that certain work created by Seller
entitled THE PILLARS OF PALM SPRINGS – SERENITY (the “Property”), including all right,
title and interest therein, and shared copyrights thereto.
Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such
personal property, and that Seller had good right to sell the same as aforesaid and will warrant
and defend the title thereto unto buyer, its successors, subsidiaries, parent corporations, affiliates
and loan participant.
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above
written.
Artist
By:________________________
Signature
CITY OF PALM SPRINGS
a municipal corporation
By:________________________
City Manager
ATTEST:
By:_____________________________
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY:________________________________
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Policy Number: 323 4407-C04-55C
Prepared July 13, 2023
Page number 1 of 4
1004583 143562 202 01-15-2018
AT2
State Farm Mutual Automobile Insurance Company
PO Box 2358 Bloomington IL 61702-2358
A-019E A
NICHOLLS, ANNE & MCCLURE,
JACOB
1488 VIA ROBERTO MIGUEL
PALM SPRINGS CA 92262-5467
AUTO RENEWAL
PREMIUM PAID: $837.58
DO NOT PAY.
Yo ur premi um i s b illed throug h the State Farm Payment Pl an
State Farm Payment Plan Number: 1123395612
You r State Fa rm Ag en t
THOMAS GLEESON INS AGCY INC
Office: 760-322-3100
Add ress: 225 S CIVIC DR STE 1-1
PALM SPRINGS, CA 92262-7227
If you have a new or different car, have added any drivers, or have moved,
please contact your agent.
Th an k y ou for c ho os ing State Fa rm.
Policy Number: 323 4407-C04-55C
Policy Period: September 4, 2023 to March 4, 2024
Ve hic le:
2010 MERCEDES GLK350
Prin cip al Driv er:
ANNE NICHOLLS
Your auto insurance rates are impacted by the mileage your
vehicle is driven. To ensure we’ve priced our insurance
coverage accurately based on the number of miles you
drive, we obtained valid mileage information for this vehicle
through a third party provider and/or from you. Annual
mileage was determined using this data and applied. Please
contact your State Farm agent with questions within 30 days
of your policy’s renewal date.
When you provide a check as payment, you authorize us
either to use information from your check to make a
one-time electronic fund transfer from your account or to
process the payment as a check transaction. When we use
information from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon
as the same day we receive your payment, and you will not
receive your check back from your financial institution.
You mean a lot to us. If you need anything,
call State Farm fi Agent THOMAS
GLEESON INS AGCY INC at
760-322-3100.
Thanks for being p art
of our neighborhood.
TP31
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Policy Number: 323 4407-C04-55C
Prepared July 13, 2023
Page number 2 of 4
V EH IC L E IN F OR MAT I ON
Re vie w yo ur p olic y in form atio n c are fully . If an yth in g i s i ncorre ct, o r if th ere are an y cha ng es to you r ve hi cl e i nfo rma tio n, p le as e
l et u s k no w rig ht a way.
Vehicle Descri ption
Veh icl e I den tificatio n
Nu mber (VIN)Who principally drives this vehicle?How is this vehicle normally used ?
2010 MERCEDES GLK350 WDCGG8HB6AF504558 ANNE NICHOLLS, a married individual,
who will have 27 years of driving
experience as of September 04, 2023.
To Work, School or Pleasure.
The premium on the expiring policy term was based on
5,800 miles per year.
The premium on the renewal policy term was based on
7,800 miles per year.
Premium Adjustment
Each year, we review our medical payments and personal
injury protection coverages claim experience to determine
the vehicle safety discount that is applied to each make and
model. In addition, we review the comprehensive, collision,
bodily injury and property damage claim experience
annually to determine which makes and models have
earned decreases or increases from State Farm’s standard
rates. If any changes result from our reviews, adjustments
are reflected in the rates shown on this renewal notice.
D RI VE R IN F OR M AT I ON
As sig ne d Driv er(s )
T he fol lo win g d river(s) are as si gn ed to th e v eh ic le (s) o n th is po li cy.
Name Driving Experience as of
September 04, 2023
M arital
Statu s
ANNE NICHOLLS 27 years Married
JACOB MCCLURE 27 years Married
Principal Driver & Assigned Drivers
For each automobile, the Principal Driver is the individual
who most frequently drives it.
Each driver is designated as an Assigned Driver on the
household automobile that they most frequently drive. Your
premium may be influenced by the information shown for
these drivers.
CO VE RA GE A ND L I MIT S See your policy for an explanation of t hese coverages.
A Liability
Bodily Injury 100,000/300,000
Property Damage 100,000 $304.58
C Medical Payments 5,000 $24.57
D 500 Deductible Comprehensive $92.13
G 500 Deductible Collision $295.79
H Emergency Road Service $4.18
R1 Car Rental & Travel Expense
$25 Per Day, $600 Max $17.98
U Uninsured Motor Vehicle
Bodily Injury 100,000/300,000 $92.03
(continued on next page)
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Policy Number: 323 4407-C04-55C
Prepared July 13, 2023
Page number 3 of 4
CO VE RA GE A ND L I MIT S c on tinu ed
U1 Uninsured Motor Vehicle
Property Damage $4.75
S Death Indemnity $1.57
Total Premium $837.58
If any coverage you carry is changed to give broader
protection with no additional premium charge, we will give
you the broader protection without issuing a new policy,
starting on the date we adopt the broader protection.
DI SC OU NT S These adjustments have already been applied to your premium.
Multiple Line P
Vehicle Safety P
Driving Safety Record P
California Good Driver P
Loyalty P
Total Discounts $1,542.01
S UR CH AR GE S AN D DI SC OU NT S
Driving Safety Record Rating Plan
Your driving safety record, along with other rating factors,
determines what you pay for Liability, Medical Payments,
Comprehensive, Collision, and Uninsured Motor Vehicle
Coverages. Policyholders with no accidents and convictions
pay less than those with accidents and convictions.
The Driving Safety Record Rate Level that is assigned to
your policy moves up, down, or stays the same every policy
renewal, depending upon your driving record. For every 12
months since the renewal following the occurrence of a
chargeable accident or the conviction of a minor violation,
the initial assigned Driver Record Level for that chargeable
accident or conviction shall be lowered by 1 level. For each
12 month period since the conviction of a major violation,
the initial assigned Driver Record Level for that conviction
shall be lowered by 2 levels. The Rate Level is increased if
there are subsequent chargeable accidents or convictions.
Definition of Chargeable Accidents
Chargeable accidents for new business are those which
resulted in bodily injury or death or in payment(s) by an
insurer due to damage to any property in the amount of
more than $1000. For accidents occurring prior to
December 11, 2011, an accident shall be chargeable
provided it resulted in death or in payment(s) by an insurer
due to damage to any property in the amount of more than
$750.
For applicants without prior insurance at the time of the
accident, an accident shall be chargeable provided it
resulted in damage to any property in the amount of more
than $1000 (more than $750 if the accident occurred prior to
December 11, 2011).
Chargeable accidents for renewal business are those which
resulted in bodily injury or death or State Farm claim
payments totaling more than $1000 (more than $750 for
accidents occurring prior to December 11, 2011) under
property damage liability coverage and collision coverage
combined.
For more information about the rating plan, please contact
your State Farm agent.
Driving Safety Record Rate Level 3
ADDITIONAL INFORMATION
IMPORTANT NOTICE
(continued on next page)
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Policy Number: 323 4407-C04-55C
Prepared July 13, 2023
Page number 4 of 4
A DD IT I ON AL IN F OR MAT I ON continued
For your protection California law requires the
following to appear with this policy: Any person who
knowingly presents false or fraudulent information to
obtain or amend insurance coverage or to make a claim
for the payment of a loss is guilty of a crime and may be
subject to fines and confinement in state prison.
If any information on this renewal notice is incomplete or
inaccurate, or if you want to confirm the information we have
in our records, please contact your agent. For additional
information regarding discounts or coverages, see your
State Farm agent or visit statefarm.comfi.
Important Notice Regarding Your Premium
State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile
insurance is determined by many factors including:
·The coverage you have
·Where you live
·The kind of car you drive
·How the car is used
·Who drives the car
Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent.
Buying a new car? Remember to contact your agent!
When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent
promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as
the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help:
·avoid any complications or lack of coverage in the event of an accident or loss,
·avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and
·ensure that you receive any new discounts you may be entitled to.
Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited
number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state.
If you have any questions about coverage for a newly acquired car, please contact your State Farm agent.
Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and
conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any
applicable endorsements.
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
Certificate of Exemption from
Workers’ Compensation Insurance
TO: City of Palm Springs
ATTN: City Clerk and Risk Manager
SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees
Please let this memorandum notify the City of Palm Springs that I am a
sole proprietor
partnership
closely held corporation
and do not have any employees whose employment requires me to carry workers’
compensation insurance. Therefore, I do not carry workers’ compensation insurance
coverage. I further warrant that I understand the requirements of Section 3700, et seq.,
of the California Labor Code with respect to providing Workers’ Compensation coverage
for any employees. I agree to comply with the code requirements and all other
applicable laws and regulations regarding workers’ compensation, payroll taxes, FICA
and tax withholding and similar employment issues. I further agree to hold the City of
Palm Springs harmless from loss or liability which may arise from the failure to comply
with any such laws or regulations.
____________________________ Risk Management Approval:
Contractor Signature
_______________________________
____________________________
Printed Name of Contractor
_______________________________
____________________________ Date
Date
Oct 30 2023
Anne Faith Nicholls
DocuSign Envelope ID: DCC1A9E2-C3F5-4E96-B152-DE770AF41C94
11/2/2023
DocuSign Envelope ID: DCC1A9E2-C3F64E96-B152-DE770AF41C94
ACi CERTIFICATE OF LIABILITY INSURANCE
D11DD/YYYV)
10/31/2/31/2023
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED, 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 endoreement(s).
PRODUCER
Next First Insurance Agency, Inc.
PO Box 60787
Palo Alto, CA 94306
CONTACT
NAME:
PHONE (855) 222-5919 FAX
Nei:
A'MNL supportgnextinsurance.com
INSURERS AFFORDING COVERAGE
NAIC#
INSURERA: State National Insurance Company, Inc.
12831
INSURED
Anne Nicholls
INSURER B :
INSURER C
Anne Faith Nicholls
1488 Via Roberto Migguel
Palm Springs, CA 92262
INSURER D:
INSURERE:
NSURER F:
FRTIFICATF NIIMRFR- 1957
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.
WLTR SR
TYPE OF INSURANCE
L
POLICY NUMBER
POLI
POLICY EFF
POLICY EOIP
NM
LIMITS
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
1XIMED
EACH OCCURRENCE
61,000,000.00
PREMISE Eoxunen. e
$100,000.00
EXP Anyone Brim)
$15,000.00
PERSONAL S ADV INJURY
$1,000,000.00
A
X
NXTD4WJJC-00-GL
10/31/2023
10/31/2024
GENL
X
AGGREGATE LIMIT APPLIES PER:
FOLJCY ECT El LOC
GENERAL AGGREGATE
$Z0001000.00
PRODUCTS-COMPIOPAGG
52,000,000.00
s
OTHER:
AUTOMOBILELIABILITY
COMBINED SINGLE LIMIT
Ea accitlenr
s
BODILY INJURY (Par Person)
$
ANY AUTO
OWNED SCHEDULED
ONLY AUTOS
BODILY INJURY )
(Peremdenl
f
HIRED
HIRED NON -OWNED ISONLY
AUTOS ONLY gUTOS ONLY
PROPERTY DAMAGE
Per accident)
s
$
UMBRELLA LIAB
OCCUR
EACHOCCURRENCE
$
AGGREGATE
s
EXCESS LIAB
CLAIMS -MADE
DELI I I RETEN-11
$
I
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORr ARTNERrEXECUTNE
OFFICERIMEMBEREXCLUDED? El
MIA
PER OTIF
TAT
TAT ER
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE
S
(Mandatory In NH)
If yes d rlLe under
DESCRIPTION OF OPERATIONSbelow
E.L. DISEASE -POLICY LIMIT
f
rx
Each Occurrence:
S1,ODO,000.00
A
Professional Liability
NXTD4VgC-00-GL
10/31/2023
10/31/2024
Aggregate:
$2,000,000.00
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional
itioal Remarks Schedule, may be attached ITre moape. b required)
The Certificate Holder is Palm Springs. This Certificate Holder is an Additional Insured on the General Liability policy on a primary and non-contributory basis. All Certificate
Holder privileges apply only if required by written agreement between the Certificate Holder and the Insured, and are subject to policy terms and conditions.
Springs LIVE CERTIFICATE
E Tahquitz Canyon Way N N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Springs, CA 92262 ❑
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
yL � ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORRED REPRESENTATIVE
All rinhle r... r .A
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD