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HomeMy WebLinkAboutA5860 - PALM SPRINGS ART MUSEUM AGR FOR LOAN AND PLACEMENT OF ARTWORK O�QALM sA4 �Z City of Palm Springs Y Community Redevelopment Agency ��OR6lO CgtIFORN%p MEMORANDUM Date: May 01, 2013 To: David Ready, Esq., Ph.D. City Manager From: Jennifer Henning, Public Arts & Special Projects Coordinator Re: Palm Springs Art Museum Sculpture Loan — Palm Springs Airport Exhibition Attached is a copy of the signed Loan Agreement and addendum to extend the loan term for seven sculptures currently on display at the Palm Spring Airport. This installation has been on display since 2009. The current Loan Agreement expired on January 27, 2013 "with an option to renew for an extended period of time as agreed upon by both parties." When the contract expired the decision to extend the agreement was delayed due to museum staff having to determine if any of the sculptures on display would be part of upcoming exhibitions at the Palm Desert site. There are no costs associated with this exhibition which has been a collaborative project between the Public Arts Commission and the Palm Springs Art Museum. Please feel free to contact me if you have any further questions or need additional information. Thank you for your help. PALM SPRINGS ART MUSEUM April 1, 2013 Ms. Jennifer Henning Public Arts Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Ms. Henning, I am writing regarding the loan of sculptures on display at the Palm Springs International Airport. This letter serves as an addendum to the loan agreement between the Palm Springs Art Museum and the City of Palm Springs, entered into on January 27, 2010 and covering the seven (7) sculptures on the enclosed list. The Palm Springs Art Museum extends the aforementioned loan to January 27, 2014. The loan agreement may be terminated by either party at any time with two weeks written notice. If the extension meets with your approval, please sign, date and return one copy of this letter, retaining the second copy for your records. VSincely, h, Ph.D. Executive Director 2�s A 41( &t3 Jennifer Henning Date Public Arts Coordinator, City of Palm Springs David Ready Date m Sp City Manager, City of Palrings Enclosure PO Box 2310,101 Museum Drive, Palm Springs,CA 92263-2310 760-322-4800 info@psmuseum.org psmuseum.org Palm Springs Art Museum loan to Palm Springs International Airport Tom Holland, Tang aluminum with epoxy paint Yasuo Mizui, Caprice de Luberon limestone Philip Culbertson, Untitled stainless steel Paul Jenkins, Model For Meditation Mandala Sundial bronze Betty Gold, Holistic 77D Corten steel Lawrence Fane, Catalyst welded steel and fragments of car bumpers, Michael Todd, Mia Chan /V lacquered steel 1 AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK This AGREEMENT FOR PLACE ENT AND AN OF ARTWORK (Agreement) is entered into as of this day of , 2 nd between the City OF PALM SPRINGS, a municipal corporation (City) and PALS RINGS 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. No loan fee is associated with the exhibition of the artworks. 3. Loan Term. The loan term shall be three (3) years, with an option to renew for an extended period of time as agreed upon by both parties. 4. Termination- The City has the right to terminate this Agreement upon thirty (30) days' advance written notice to the Owner, 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 eight (8) sculptures, as shown in Exhibit "A" (the Artwork). 6- Location and Site Preparation. The artwork shall be located at the Palm Springs 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 1 ` l . be provided by the Palm Springs Art Museum 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 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 museum shall be paid by the City and arranged and supervised by museum 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 Palm Springs Art Museum 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 cleaned, repaired, retouched, removed from frame, 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. Reproduction and Distribution. For the loan of artwork pursuant to this Agreement, the Museum shall be consulted, in accordance with the terms set forth in Exhibit "B-1" (Special Requirements). 13. 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 2 14. Indemnification. Palm Springs Art Museum 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 Palm Springs Art Museum, 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 Calif is non-profit cTZ-� n its "CITY" CITY OF PALM SPRINGS, A municipal corporation City Manager ATTEST: APPROVED BY CITY COUNCIL ityClerk ar�y-��ZQra APP VE S TO Zr C' y Atto n y L� 4 EXHIBIT "A" and "B" (The Artwork and Sites) 1. Jack Zajac, Big Skull and Two Horns in Two Parts IV, bronze, edition of 4, 33x83x20" Location: Planter at west entrance to the airport 2. 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 3. Betty Gold, Holistic 77D, 1978, 84 x 36" Location: North side of escalator 4. Tom Holland, Tang, 1982, aluminum with epoxy paint, 104 x 68 x 30" Location: Interior of United Pavilion near entrance 5. Yasuo Mizui, Caprice de Luberon, 1966, 49 x 51 x 16" Location: Exterior, adjacent to west side of walk way to United Pavilion 6, Philip Culbertson, Untitled, 1975, stainless steel, 120 x 48" Location: Adjacent to glass panels on east side of walk-way to United Pavilion 7. Paul Jenkins, Model For Meditation Mandala Sundial, n.d. bronze, 10 x48 x 48" Location: East side of walkway to United Pavilion 8. 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 "13-1" (Special Requirements) Reproduction and Distribution The Museum 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 exhibition will also be posted on the City's Website. The City of Palm Springs agrees to consult with Palm Springs Art Museum's Director of Communications prior to issuing press releases or announcements about the artworks. All publicity, printed material or electronic media material must contain proper credit given to Palm Springs Art Museum. Photography, filming and videotaping of the artworks by the media is permitted, provided it is for publicity and education programs only. Copyright Certain artworks owned by the Palm Springs Art Museum may be protected by copyright not owned by the museum. 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 museum's registrar. �V 6