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Home My WebLink AboutA6809 - PALM SPRINGS ART MUSEUM - LOAN OF ARTWORK AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK This AGREEMENT OR PLACEMENT AND LOAN OF ARTWORK (Agreement) is entered into as of this &Igday of� by and between the City OF PALM SPRINGS, a municipal corporation (City) and PALM SPRINGS ART MUSEUM (Owner). RECITALS A. The City has established a Public Arts Program, which authorizes the placement of works of art on appropriate private and public property, which encourages public access, and viewing of the artwork. B. Under the Public Arts Program, artwork may be loaned to the City with or without a fee paid for loan term. C. Owner desires to loan a work of art and have such work of art placed on public property in accordance with this Agreement and the City of Palm Springs Public Arts Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code (Public Arts Ordinance). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree that acceptance of the loan of the artwork described below of this Agreement is subject to the following conditions: 1. City Representative. The City Manager, or his designee, a Contract Officer of the City ("City Manager"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Loan Fee. City shall pay a loan fee in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500), annually, payable within thirty (30) days of receipt of invoice by Owner. 3. Loan Term. The loan term shall be five (5) years, with an option to renew for an extended period of time as agreed upon by both parties. 4. Termination. Both City and the Owner have the right to terminate this Agreement upon thirty (30) days' advance written notice, with or without cause. Upon termination, the City shall cause the artwork to be removed at City's cost and expense. 5. The Artwork. The Owner will loan to the City seven (7) sculptures, as shown in Exhibit "A" (the Artwork). ORIGINAL BID 1 AND/OR AGREEMENT 6. Location and Site Preparation. The artwork shall be located at the Palm Springs International Airport, as shown in Exhibit "B" (the Site). The City shall pay for the costs to install pads adequate for placement of the artwork. The exact location and pad size shall be provided by the Owner's Curator. City shall pay for the costs to install lighting and signage with text agreeable to both City and Owner. Signage shall be in the form of metal plaques in a size that is complimentary to the location and artwork and not to exceed twelve by eight inches. The plaque will be placed in a conspicuous location adjacent to the artwork. All costs and expenses set forth herein shall be subject to prior approval of the City in its sole discretion. No costs or expenses shall be incurred in excess of that approved by the City in writing. Any such excess cost or expenses, and/or unapproved costs or expenses shall be the sole responsibility and liability of the Owner. 7. Security. City shall be responsible for security to protect the artwork from damage, vandalism, or theft. 8. Fire Control. The Airport must be equipped with fire suppression systems. 9. Packing and Transport. All packing, transportation, installation and de- installation costs for relocating the artwork to the designated site and its return to the Owner shall be paid by the City and arranged and supervised by Owner staff. Installation dates, and the costs related thereto, to be mutually approved by City and Owner. 10. 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. City shall provide Owner with a Certificate of Insurance naming Owner as an additional insured. 11. Care and Condition. The artwork is loaned in good condition unless otherwise noted. The artwork should be examined for condition upon receipt. The artwork shall at all times be given special care to protect it against loss, damage or deterioration. Should loss or damage or deterioration be noted, the Owner is to be notified immediately and in detail. It is understood that the artworks covered by this Agreement shall remain in the condition in which they are received. The artwork shall not be, repaired, retouched, moved, or altered in any way. Regularly scheduled cleaning of artwork shall be performed by a professional art conservator approved by Owner or by a fine art maintenance service recommended by Owner with charges invoiced to the City, with said charges subject to City's prior written approval. Owner will provide instructions for maintaining each artwork. 12. Access. The Owner will be permitted access to the artwork through the office of the Airport Executive Director in order to assess condition of the artwork or perform required annual maintenance. This access will be given on an as-needed basis or minimally, once a year throughout the loan period, with seventy-two (72) hours advance notice. 2 13. Reproduction and Distribution. For the loan of artwork pursuant to this Agreement, the Owner shall be consulted, in accordance with the terms set forth in Exhibit "B-1" (Special Requirements). 14. Credit. During the term of this Agreement, all formal references to the artwork shall include the following credit line: "Collection of Palm Springs Art Museum, Gift of .... placed by City of Palm Springs Public Arts Commission". 15. 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 Owner, 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. [SIGNATURES ON NEXT PAGE] 3 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" PALM SPRINGS ART MUSEUM A California non-profit corporation izab th Armstrong, Ph.D. Executive Director "CITY" CITY OF PALM SPRINGS, A municipal corporation APPROVED BY CITY MANAGER,,,,_. , David Ready, Es . City Manager Lauri Aylaian, Director Community & Economic Development ATTEST: ;ji�--Cl-erk AP D AS TO F O7tM: City Att r ey 4 EXHIBIT "A" and "B" (The Artwork and Sites) 1. Michael Todd, Mia Chan IV, 1981, lacquered steel, 69-3/4 x 72-1/4 x 41" Location: Inner airport courtyard island at peak of crest 2. Betty Gold, Holistic 77D, 1978, 84 x 36" Location: North side of escalator 3. Tom Holland, Tang, 1982, aluminum with epoxy paint, 104 x 68 x 30" Location: Interior of United Pavilion near entrance 4. Yasuo Mizui, Caprice de Luberon, 1966, 49 x 51 x 16" Location: Exterior, adjacent to west side of walk way to United Pavilion 5. Philip Culbertson, Untitled, 1975, stainless steel, 120 x 48" Location: Adjacent to glass panels on east side of walk-way to United Pavilion 6. Paul Jenkins, Model For Meditation Mandala Sundial, n.d. bronze, 10 x48 x 48" Location: East side of walkway to United Pavilion 7. Lawrence Fane, Catalyst, 1978, Welded steel and fragments of car bumpers, 37x56x21" Location: North side of central planter at the inner airport courtyard 5 EXHIBIT "B-1" (Special Requirements) Reproduction and Distribution The Owner does not retain sole copyright, reproduction and distribution ownership of all artwork being loaned; therefore, Section 12 Reproduction and Distribution, shall not apply. The following shall apply to the terms of this agreement: Photography, Publicity and Credits Following the complete installation of the artwork the City will issue a press release notifying the media and the public. Information regarding the artwork will also be posted on the City's Website. The City of Palm Springs agrees to consult with Owner's Director of Development prior to issuing press releases or announcements about the artworks. All publicity, printed material or electronic media material must contain proper credit given to Owner. Photography, filming and videotaping of the artworks by the media is permitted, provided it is for publicity and education programs only. Photography, filming and videotaping of the artworks by the public is permitted, provided it is for personal use. Copyright Certain artworks owned by the Owner may be protected by copyright not owned by the Owner. The City will include the copyright language as required and is responsible for all rights and reproduction fees that may be charged by the copyright holder of any image used. Reproduction and Distribution Permission for the City to produce and distribute reproductions of works of art from the Palm Springs Art Museum's permanent collection must be processed by the Owner's registrar. 6