HomeMy WebLinkAbout25X109 - Roger Reutimann DBA Reutimann Studios, LLC
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PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 25X109
BEAUTIFUL SHADE – PARKSIDE GOSSIP
THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”), for the acquisition of the Artwork titled Parkside Gossip (“Artwork”), is made and
entered into this 22nd day of April 2025, by and between the CITY OF PALM SPRINGS, a
California charter city and municipal corporation (“City”), and ROGER REUTIMANN, DBA
REUTIMANN STUDIOS, LLC (“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 in 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 $50,000 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 the same
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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 approval of
any act by the other party requiring the first party’s consent or approval shall not be deemed to
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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 Artwork and payment therefore by the
City, the Artist shall convey and assign title to the Artwork 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 Artwork 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 Artwork 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 included in any
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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.
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
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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.
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.
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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: Reutimann Studios LLC
Attention: Roger Reutimann
330 Norton Street
Boulder, CO 80305
Email: reutimann@comcast.net
Phone: 303-884-6000
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
A change in the designation of the person or address to which submittals, requests, notices or
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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 ROGER REUTIMANN
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
ARTIST:
By: _____________________________ By: ______________________________
Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: April 11, 2024 Item No. 1D, and
Date: March 12, 2025 Item No. 1G
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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EXHIBIT A
SCOPE OF WORK AND PRICING
General Requirements
The proposed Beautiful Shade – Parkside Gossip (Artwork) should be a fully functional sculpture,
not architectural installation, designed specifically to create shade. The shade cast as well as the
artistic structure should contribute to the overall aesthetic.
1. Scope of Work
A. Create a new, original, permanent sculpture to be located in Ruth Hardy Park (the Site) as
shown in the image below:
B. The Artwork must consider safety requirements common to publicly accessible works of
art. All work must be safe, tamper-resistant, and easily maintained, regardless of the ease
of public reach.
C. Artwork must withstand a public and desert environment, mainly extreme heat but
including windy conditions, for the duration of the installation.
D. The artwork must satisfy reasonable standards of structural and surface integrity,
permanence and safety, meet all relevant codes required for public places, and offer
reasonable proof of soundness against theft, vandalism, or excessive maintenance and
repair.
E. Work must be as vandal-proof as possible and cannot have sharp edges or be easily
breakable or bendable. Work must be of sufficient size to minimize the possibility of theft.
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F. The Artwork must be freestanding and suitable for long-term outdoor public display. It
must be capable of being properly secured to a concrete pad or securely anchored in the
ground.
G. Artists will be required to apply for appropriate permits (such as building permits) and be
approved by respective City departments.
H. The certificate of insurance and any warranty information for parts/labor along with your
schedule of completion upon execution of this agreement.
I. Engineering drawings and calculations must also be provided for the Artwork, including
the base and method of attachment, and wind resistance.
J. The artwork may not be electrified or include any electrical components.
K. The artist is to provide the recommended method of attachment, including cost. City
reserves the right to change the method of attachment depending on design of the selected
artwork and placement location.
L. Artist to provide a description of maintenance procedures to maintain the first-class
appearance and permanence of the sculpture.
M. The sculpture is to be approximately 15 feet tall, 17 feet wide, and 10 feet deep, and must
be anchored onto art pads to be installed at Ruth Hardy Park by a licensed California
contractor.
N. The sculpture shall be a one-of-a-kind piece.
O. The sculpture shall be appropriate in scale, material, form and content for the immediate,
general, social and physical environments with which they relate.
P. The sculpture installation is to be completed by October 31, 2025.
2. 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 as shown in the itemized budget
below:
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3. Invoicing
A. The Artist shall submit the invoice to the Contract Administrator. Invoice must contain
following:
i. Purchase order number; and
ii. Work order number / job ticket.
B. Approval for payment shall be authorized by the Contract Administrator.
C. Disbursement Schedule:
40% of the contract amount will be disbursed upon contract execution.
40% of the contract amount will be disbursed after all required permits have been issued
and the artwork is fifty percent complete (to be verified with photographs).
20% of the contract amount will be disbursed upon completion, installation, and
acceptance by City.
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EXHIBIT B
INSURANCE
1. Procurement and Maintenance of Insurance. Artist shall procure and maintain
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Artist’s performance under this Agreement. Artist 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. Artist 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 Artist’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 Artist has no employees, Artist shall complete the City’s Request for Waiver of
Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Artist’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
Artist’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.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if
Artist provides claims made professional liability insurance, Artist 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 Artist’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 Artist’s services under this
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Agreement. Artist 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. Artist 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 Artist’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.
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 Artist’s
obligation to provide them.
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7. 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) Artist 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. Artist 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.
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EXHIBIT C
BILL OF SALE
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT is made as of ________________, from
Roger Reutimann DBA Reutimann Studios, LLC (“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
Parkside Gossip (the “Property”), including all rights, 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: 30ED354F-C670-47FB-99DE-8646FCC02086