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HomeMy WebLinkAboutA8389 - MAXSON ART AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (Maxson Art) This AGREEMENT FOP PLACEMENT AND LOAN OF ARTWORK (Agreement) is entered into as of the � day of r-46U by and between the CITY OF PALM SPRINGS, a Municipal Corporation (City) and MAXSON ART (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 and a fee paid for 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 a valuable consideration, the receipt and adequacy of which is herby acknowledged, the parties herby 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 of Palm Springs Public Arts Commission, an agency of the City of Palm Springs, (the Commission) shall be the City's designated representative with respect to this Agreement, unless such designation shall be withdrawn by the City Council. The Commission shall have the authority to give any approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Loan and Installation Fee. City shall pay a loan fee in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS PER MONTH ($1,500.00) INSTALLED and an Install/Uninstall fee of ONE THOUSAND FIVE HUNDRED SEVENTY DOLLARS ($1,570.00), payable within thirty (30) days of receipt of an invoice by Owner. The total dollar amount not to exceed TWELVE THOUSAND SEVENTY DOLLARS ($12,070.00) as detailed in Exhibit "A". The loan fee shall be paid from the Public Arts Fund account number 150-4408-56034. 3. Loan Term. The loan term shall be up to seven (7) months. 4. The Artwork. The Owner will loan to the City an installation consisting of four (4) separate artworks each measuring 4 feet wide x 2 feet deep x approximately 4-5 feet high, titled "A Tale of Survival in the Face of Crushing Inertia", by artist, Linda Maxson as show in Exhibit "A" (the Proposal). 5. Location and Site Preparation: The artwork shall be located at the Palm Springs International Airport on the second floor of the Regional Concourse Terminal above the lighting fixtures as shown in Exhibit "B" (the Site). Artwork to be maintained, installed, and removed by the 1 artist, with a proposed installation period in October 2019 continuing through April 30, 2020. Installation and removal of the artwork is estimated at one week each. In accordance with Chapter 3.37 "Public Arts Fee, Fund and Program", of the Palm Springs Municipal Code, the public space within the Regional Concourse satisfies the requirements for placement of public art pursuant to Section 3.37.080(b). 6. 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. 7. 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 insure it against loss, damage or deterioration. Should loss or damage or deterioration be noted, 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. It shall not be cleaned, repaired, retouched, removed from frame, or altered in any way. 10. Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two-dimensional reproductions. City may use such reproductions for any purpose, 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. 11. Credit. During the term of this Agreement, all formal references to the artwork shall include the following credit line: "Collection of Palm Springs Public Arts Commission on loan from Linda Maxson and Debi Grupe." 12. Indemnification. Owner hereby agrees to indemnify and hold harmless the City, its officers, agents and employees from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of the City of Palm Springs and the Palm Springs International Airport, its agents, employees or contractors, or from the existence of the Artwork at the Loan agreement site, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to Property and attorneys fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents or employees who are directly responsible to the City. 2 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" (Title)Its (Title) Its "CITY" ATTEST: CITY OF PALM SPRINGS, A Municipal Corporation �w AAt,hony Mejia, City Clerk David H. Ready Esq . APPROVED AS TO FORM: City Manager Je rey allinger City Attorney �..:DCYti f 3 EXHIBIT A PROPOSAL INSTALLATION OF ARTWORK AT PALM SPRINGS INTERNATIONAL AIRPORT Proposal: Install and maintain an adaptation of the artwork titled, "A Tale of Survival in the Face of Crushing Inertia" (Crushing Inertia), to be installed in the Palm Springs Airport at a location mutually agreed by the Airport Administration and the Artists. Installation consists of four (4) separate artworks, each measuring 4' wide x 2'deep x approx. 4-5' high. Artworks to be installed above lighting fixtures on second floor in the regional terminal. The installation will be supported by the wall using a metal framework designed by artists and approved by airport administration. (Attachments A and B). Signs will be installed on large posts below installation with information about the installation. Artwork to be installed and removed by the artists. Proposed installation period to be October 2019 through April 30, 2020. Installation to take 1 week, and uninstall to take 1 week after end of installation period. Artist will provide maintenance throughout the lease period. Ownership of the artwork and all copyrights associated with the artwork and the installation remain with the artists, Linda Maxson and Debi Grupe. Costs and Recovery • Install / Uninstall: $1 ,570.00 (covers transportation and labor) • Artist Consideration: $1,500.00 / month of installation Linda Maxson Greg Maxson Debi Grupe Maxson Art 2608 S. Cherokee Way Palm Springs, CA 92260 760-989-1467 4 EXHIBIT B - SITE ARTWORK—CRUSHING INERTIA View from regional concourse floor toward the North (shows one half of installation, other half on South wall). 171"""'..',.,',. i Close-up and dimensions (1 of 4 total) ifi 4 % r EXHIBIT B SITE Main International Terminal Terminal Parking Domestic Terminal x AL N 6 �r CERTIFICATE OF LIABILITY INSURANCE g DA17I1812022 THIS CERTIFICA:'E 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 11e endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsements . PRODUCER CONTACT CS&S/AUTO CLUB SERVICES LLC RECEIVED PO BOX 958489 NAME: PHONE M. No. Em FAX AC, No: EMAIL Lake Mary, FL 32746-8989 NOV 2 8 2022 Office of the City Clerk 1.877-724-2669 ADDRESS, INSURER(S) AFFORDING COVERAGE NAIC # INSURERA Continental Casualty Company 20443 INSURED INSURER B: MAXSON ART STUDIO AND GALLERY INSURER C: INSURER D. 45571 EDGEHILL DR INSURER E: PALM DESERT, CA 92260 INSURER F: -- rwn r c nvmoosc KCVIWUN NUMBEK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD m INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS o CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, o EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR I ADDL ... POLICY EFF PoLICV EXP LTR TYPE OF INSURANCE INSO WVD PoLICV NUMBER MMIDD MMID LIMITS A X COEMISES COMMERCIAL GENERAL LuumurY y 60208898/7 12/29/22 12/29/23 EACH OCCURRENCE 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PRIEa... 1.nnn.ann LIMIT PPX) AUTOMOBILE LIABILITY ANY AUTO OWNEDAUTOS SCHEDULED ONLY AUTOS XHIREDAUTOS NON -OWNED ONLY X AUTOS ONLY 6020889887 1 12/29/22 1 12/29/23 MED EXP(Any orW person) 10 ,000 PERSONAL 8 ADV INJURY 8 2 nnn nnn BODILY BODILY COMP/OP AGO UMBRELLA UAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS -MADE DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER STATUTE OTH- ER ANY FROPRIETORPAFTNErECUrw OFRCERIMEMSER EXCLUDED? (Mandatory in NH) If yes, describe udder N/A E.L. EACH ACCIDENT EL DISEASE - EA EMPLOYEE E.L DISEASE - POLICY UMIT DESCRIPTION OF OPERATIONS below OTHER PER OTH- STATUTE I ER E.L. EACH ACCIDENT E.L. DISEASE -POLICY UMIT DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES ( cord 101, Additional Remarks Schedule, may be aNac ed if more space Is regU ) City of Palm Springs, its officials, employees, and agents are added as an additional insured as provided in the blanket additbnal City endorsement as it pertains to work being performed by the named insured under written contract. Coverage is Primary City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. O 1988-2015 ACORD CORPORATION. All rights ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A`CO/ROe V AGENCY POLICY NUMBER 6020889887 CARRIER ADDITIONAL REMARKS THIS ADDITIONAL REMARK: FORM NUMBER: 25 NAIC CODE AGENCY CUSTOMER ID: LOCH REMARKS SCHEDULE NAMEDINSURED MAXSON ART STUDIO AND GALLERY EFFECTIVE DATE FORM TRLE: CERTIFICATE OF LIABILITY & Non Contributory. Cancellation per policy provisions. Page 2 OI 2 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and loqo are registered marks of ACORD