HomeMy WebLinkAbout2006-07-05 STAFF REPORTS 2D a
O�P p LIh Sp?
c
V N
k #
k C 4
�RORAI E E3`
Cq<IFOR�,P City Council Staff Report
DATE: July 5, 2006 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. WITH LEE K. STANLEY TO
ERECT A MONUMENT AT THE PALM SPRINGS INTERNATIONAL
AIRPORT ENTITLED "A WING AND A PRAYER."
FROM: David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
Mr. Lee K. Stanley, Artist/Sculptor, approached the Airport to allow the placement of a
monument dedicated to all missing "airmen." Mr. Stanley is the Artist/Sculptor who
created the "Distinguished Flying Cross" memorial located at the Palm Springs Air
Museum. The purpose of the proposed monument is to serve as a tribute to all
missing airmen and to honor all airmen who served their country and to those who
have furthered the interest of aviation and are no longer with us.
The primary element of the proposed monument is an actual aircraft wing from an
SF2-Tracker aircraft. It will be painted silver and stand upright approximately 12 feet.
It will have a black granite base in the shape of a diamond. Each of the four
components of the granite base will be etched appropriately, one with symbols of the
five branches of the services, the other three to be inscribed appropriately. The wing
and granite will be placed in the center of a circle to be called "the circle of honor"
created from brick having a 12 foot diameter.
The proposed monument will be funded privately as will the cost of installation. The
City will not incur a cost and will accept the monument as property once installed with
no further obligation to the artist, Mr. Lee K. Stanley. Mr. Stanley is desirous to have
the monument dedicated on Veteran's Day, Saturday, November 11, 2006 at 11:00
a.m., with a formal formation of the membership of the Distinguished Flying Cross
Desert Fliers Command, the timing of the event coincides with the signing of the
Armistice Agreement. The most famous armistice, which is the one still meant when
people say simply "The Armistice", is the one at the end of World War I, on November
11, 1918 at the "eleventh hour of the eleventh day of the eleventh month." Armistice
Day is still celebrated in some places on the anniversary of that armistice; alternatively
November 11, or a Sunday near to it, may still be observed as a Remembrance Day.Item No. n . D .
City Council Staff Report
July 5, 2006 -- Page 2
Lee K. Stanley Agreement No.
RECOMMENDATION:
1. Adopt Minute Order No. _, approving Agreement No. with Lee K.
Stanley to erect a monument at the Palm Springs International Airport entitled
"A Wing and a Prayer."
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
At the April 5, 2006 regularly scheduled Airport Commission meeting, Mr. Stanley
presented his proposal to create and install a monument entitled "A Wing and a
Prayer" at no cost to the City of Palm Springs. The Airport Commission unanimously
recommended approval (Barnes and Packer were absent) of Mr. Stanley's proposal
subject to The City of Palm Springs Public Arts Commission approval.
At the April 13, 2006 regularly scheduled Public Arts Commission meeting, Mr.
Stanley again presented his proposal to create and install a monument entitled "A
Wing and a Prayer" at no cost to the City of Palm Springs, The Public Arts
Commission recommended approval of Mr. Stanley's proposal. The vote from the
Public Arts Commission to recommend approval for the installation of Artwork by Lee
Stanley was as follows: Yes votes: Ciali, Kleinschmidt, Stern, Fruehling, Miller, Wick;
No vote: Arterberry.
FISCAL IMPACT:
Approval of Agreement No. has no impact to the Airport's budget, as it will be
completely funded privately and the cost of installation will be born by the Artist.
Richard S. Walsh, A.A,.E., Director of Aviation
David H. Ready, City an
Attachments:
Minute Order No.
Agreement
MINUTE ORDER NO.
APPROVE AGREEMENT NO. WITH LEE K. STANLEY TO
ERECT A MONUMENT AT THE PALM SPRINGS
INTERNATIONAL AIRPORT ENTITLED "A WING AND A
PRAYER."
I HEREBY CERTIFY that this Minute Order, authorizing the City Manager
to execute Agreement No. to erect a monument at the Palm
Springs International Airport entitled "A Wing and a Prayer", was adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 51h day of July, 2006.
JAMES THOMPSON
City Clerk
AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ART WORK
("Agreement") is entered into this_day of , 2006, by and between the
CITY OF PALM SPRINGS, a municipal corporation ("City") and Lee K. Stanley("Artist").
RECITALS
A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts
Commission ("Commission") and an Art In Public Places Program ("Program").
B. Artist submitted a proposal ("Proposal")to the Commission for the donation
and installation of an art piece referred to herein as "A Wing And A Prayer" ("Artwork").
The Artist offered to donate the Artwork to the City at the Artist's cost and at no cost to the
City.The Proposal, including all relevant specifications, is attached hereto as Exhibit"A"to
this Agreement.
C. The Proposal provides that the Artwork will be installed in a public space
located in Palm Springs more particularly depicted on Exhibit "B" to this Agreement (the
"Site").
D. The City desires to accept the Artwork and provide the Artist with a license to
install the Artwork on the Site.
NOW, THEREFORE, City and Artist, for the consideration and underthe conditions
hereinafter set forth, and pursuant to the authority, terms and conditions set forth in
Municipal Ordinance No. 1479, agree as follows:
1. Scope of Services.
1.1 Fabrication and Completion of the Art Work. Artist has fabricated the
Artwork or caused the Artwork to be fabricated under the Artist's personal
supervision and in conformity with the Proposal and the schedule of performance
included in the Proposal ("Schedule"). The Artwork shall not deviate in
specifications, including, but not limited to, size, design or material from the
Proposal, unless the change is approved in writing by the Commission. In addition
to the requirements described in Exhibit"A", Artist shall create,transport, and install
the Artwork to the Site at its sole cost and expense. The Artist shall install the
Artwork with the highest standards of care, giving special consideration to protecting
the Artwork from theft and/or breakage and protecting the Site from damage.
1.2 Artist's Installation Costs. Artist shall bear all installation costs,
including landscaping alterations, lighting enhancements, and concrete materials
related to the Site.
1.3 Consultations and Deviations from Proposal. The Parties agree to
1
cooperate and consult each other during installation of the Artwork to assure
compliance with the specifications in the Proposal. Artist will present any proposed
installation design changes to the Commission and the Director of Aviation for
approval and acceptance. The Commission and the Director of Aviation shall have
sole discretion to approve and accept any such installation design changes.
1.4 Modifications to Installation. The Commission and the Director of
Aviation shall have the right before acceptance of the Artwork to request
modifications to the installation of the Artwork. Should such modifications result in
an increase in cost to Artist, full documentation of such costs shall be submitted in
writing to the Commission or the Director of Aviation for approval. Upon approval,
such increased costs shall be paid to Artist in a timely manner. Except as expressly
provided in this Agreement, City shall not intentionally damage, alter, modify, or
change the Sculpture, without the prior written consent of Artist, except in such
cases where damage results from an emergency or as set forth in Section 6.2
below.
1.5 Citv's Removal or Transfer of Artwork. City may remove or transfer
the Artwork to another location, provided, however, that the Artwork is not
destroyed, mutilated, or modified, as those terms are used in 17 U.S.C. §106A, and
so long as the Artwork continues to be described as a creation of the Artist.
2. License for Installation of Artwork. City hereby grants Artist a license to
access the Site during times approved by the Director of Aviation for the installation of the
Artwork. Artist may commence the installation of the Artwork on a date and time approved
by the Director of Aviation. This license shall expire upon City acceptance of the Artwork.
The Artwork shall be completed in accordance with the Schedule.
3. Ownership of Documents. Models. All studies, drawings, designs, and
models prepared and submitted by Artist relative to this Agreement shall become the
property of City. The Commission may permit Artist to borrow such items as needed for
the installation of the Artwork. City agrees not to reuse such studies, drawings, and models
for the purpose of constructing a full-sized duplicate of the Artwork. City acknowledges
and agrees that Artist is the exclusive intellectual property right owner of any and all
designs, drawings, models, and artwork created by Artist pursuant to this Agreement.
4. Artist's Rights; City's Ownership Rights.
5.1 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 must preserve
complete flexibility to operate and manage City property 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 hazards, to comply with the
ADA, to otherwise aid City in the management of its property and affairs, orto repair
damage to the Artwork through neglect or accident. The City has the right to cause
2
the Artwork to be installed at an alternate location that City chooses in its sole
reasonable discretion for any reason.
5.2 Waiver. With respect to the Artwork produced under this Agreement,
Artist waives any and all claims, arising at any time and under any circumstances,
against City, its officers, agents, employees, successors and assigns, arising under
the federal Visual Artists 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 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 a building orthe Site such that the Artwork cannot be removed from the building
or Site without alteration of the Artwork, Artist waives any and all such claims
against any future owners of the Site, and its agents, officers and employees, for
alteration of the Artwork.
5.3 Good Faith. Where time permits, prior to altering the Artwork, City
shall make reasonable good faith efforts to notify and consult with Artist, at the last
phone number or address provided by Artist to the City, and to come to a mutually
agreeable plan for disposition of the Artwork. Such consultation shall be without
charge by Artist unless otherwise specifically agreed in writing. If the Artwork is
altered and City intends to maintain the Artwork on display, City shall make a
reasonable good faith effort to engage Artist in the restoration of the Artwork and to
compensate Artist for Artist's time and efforts at fair market value,which may be the
subject of a future agreement between Artist and City. However, City has no
obligation under this Agreement to restore the Artwork to its original condition or to
compensate Artist for any restoration work. If Artist fails or refuses to negotiate with
City in good faith with respect to any restoration, City may contract with any other
qualified art conservator or artist for such restoration.
5.4 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).
6. Artists' Warranties/Waivers.
6.1 Defects in Materials or Workmanship.Artist warrants that the Artwork
and Artist services under this Agreement 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 twelve (12) month period
immediately following completion of the installation of the Artwork. This warranty
includes any workmanship or materials which cause the Artwork, or the installation,
to deteriorate over said twelve (12) 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, or their installation, which, either alone or in
3
combination, result in the tendency of the Artwork, or their installation, to
deteriorate.
6.2 Public Safety. City and Artist shall cooperate to ensure that the
Artwork, or the installation, does not incorporate any feature which is a danger to
the public, including but not limited to sharp edges or points. The Commission and
the Director of Aviation shall review the Artwork and installation plans and shall
request any modification relative to public safety prior to installation. Any
modifications requested by the Commission or the Director of Aviation shall be
governed pursuant to Section 1.3 above. Should hazards related to the Artwork or
its installation become apparent after installation, City shall have the right to make
adjustments and modifications to eliminate such hazards.Artist agrees to cooperate
in making adjustments to the Site or pedestal or display of the Artwork, if necessary,
to eliminate other hazards which become apparent within one (1) year of the date
the Artwork is finally accepted by City. City shall bear the cost of any such
modifications.
6.2 Title. Artist warrants that the Artwork is the result of the artistic efforts
of Artist and that the Artwork will be installed and transferred to City free and clear
of any liens, claims, or other encumbrances of any type, exclusive of intellectual
property rights of Artist.
7. Excuse or Suspension of Contractual Obligations; Force Maieure. The time
period(s) specified in the Proposal for performance of the services rendered pursuant to
this Agreement shall be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of Artist, including, but not restricted
to, acts of God or of the public enemy, unusually severe weather,fires, riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if
Artist, within fifteen (15) days of the commencement of such delay, notifies the
Commission in writing of the causes of the delay.
3. Maintenance of the Artwork. Upon completion of the installation of the
Artwork, Artist shall provide City with written instructions for appropriate maintenance and
preservation of the Artwork.
9. Default; Remedies.
9.1 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) days of receipt of such notice and completes the cure of
such default within thirty(30) 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
4
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.
9.2 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 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.
9.3 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.
9.4 Arbitration. In addition to any other rights or remedies, either party may
seek arbitration to cure, correct, or remedy any default or to recover damages for
any default. Arbitration shall occur in the State of California according to the rules
of the American Arbitration Association. The prevailing party shall be entitled to
recover reasonable attorney's fees, in addition to all other sums provided by law.
'The internal laws of the State of California shall govern this Agreement(exclusive of
the conflicts of laws provision).
9.6 Termination for Default of Artist. City shall have the right to terminate
this Agreement for cause upon any material breach by Artist of the obligations
imposed upon Artist under this Agreement, subject to the requirements of Section
9.1 above. In such event, City may after compliance with the provisions of Section
9.1 above, take over the Artwork and complete the installation of the Artwork as
such installation is contemplated hereunder, and Artist shall be liable for the
reasonable costs City incurs in completing the same.
9.7 Termination for Default of Citv. Artist shall have the right to terminate
this Agreement for cause upon any material breach by City of the obligations
imposed upon City under this Agreement, subject to the requirements of Section 9.1
above.
9.8 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, each party shall
be responsible for its own attorneys' fees and costs.
10. Insurance. Artist shall procure and maintain, at its sole cost and expense,
5
until completion of installation of the Artwork, the following policies of insurance:
10.1 Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance written on a per occurrence basis in an
amount not less than ONE MILLION DOLLARS ($1,000,000)combined single limit.
10.2 Workers' Compensation Insurance. Not applicable.
10.3 Automotive Insurance. Not applicable.
All of the above policies of insurance shall be primary insurance and shall name
City, its officers, employees and agents as additional insureds. The insurer shall waive all
rights of subrogation and contribution it may have against City, its officers, representatives,
employees and agents and their respective insurers. All of said policies of insurance shall
provide that said insurance may not be amended or canceled without providing thirty(30)
days prior written notice by registered mail to City. In the event any of said policies of
insurance are canceled, Artist shall, prior to the cancellation date, submit new evidence of
insurance in conformance with this Section to the Commission. No work or services under
this Agreement shall commence until Artist has provided City with Certificates of Insurance
or appropriate insurance binders evidencing the above insurance coverages and said
Certificates of Insurance or binders are approved by City.
The policies of insurance required by this Agreement shall be satisfactory
only if issued by companies qualified to do business in California, rated "A"or better in the
most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register,
and only if they are of a financial category Class VII or better, unless such requirements
are waived by the City Risk Manager due to unique circumstances.
11. Intellectual Property and Publicity Rights
11.1. 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 Artwork
or its installation, 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 portfolio or other resume of the Artist
demonstrating or depicting representative samples of the Artist's work.
11.2. 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. The
6
Artwork 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:
11.2.1 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.
11.2.2 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, 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.
11.2.3 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.
11.2.4 Title to Work Product. Without limiting the generality of
the foregoing, title to all drawings, plans, ideas, concepts, specifications,
models, or other tangible work product produced by the Artist pursuant to this
Agreement shall become the property of the City when produced. The City
shall own the worldwide right, title and interest in such work product. Artist
shall deliver all such original work product to the Commission upon the
completion or sooner termination of the Artist services under this Agreement
but may retain copies thereof for its permanent records so long as the same
are not used without the City's prior express written consent.
11.3 Third Party Infringement. The City is not responsible for any third
party infringement of Artist's copyright and is not responsible for protecting the
intellectual property rights of Artist.
11.4 Credit. Artist hereby agrees that all formal references to the Artwork
and any reproductions of the Artwork in any form shall include the following credit:
"Collection of the City of Palm Springs." City shall credit Artist for the Artwork upon
publication of any two or three dimensional reproductions of the Artwork.
11.5 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.
11.6 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.
11.7 Unique. Artist warrants that the design of the Artwork as expressed in
the Proposal 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 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.
11.8 Resale Royalty. If City sells the Artwork as a fixture to real property,
and if the resale value of the Artwork is not itemized separatelyfrom 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.
12. Documentation. To the extent possible,Artist shall provide information on the
Artwork requested by the Commission for its registration files.
8
13. Repair and Restoration. It is the current policy of the Commission 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
Commission of any change in his professional address.
14. Reputation.
14.1 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.
14.2 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.
14.3 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.
15. Artist as Independent Contractor.
15.1 Neither City nor any of its employees shall have any control over
the manner, mode or means by which Artist, its agents or employees, perform the
services required herein, except as otherwise set forth herein. City shall have no
voice in the selection, discharge, supervision or control of Artist employees,
servants, representatives or agents, or in fixing their number, compensation or
hours of service. Artist shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Artist shall not
at any time or in any manner represent that it or any of its agents or employees are
agents or employees of the City. City shall not in any way or for any purpose
become or be deemed to be a partner of Artist in its business or otherwise or a joint
venture or a member of any joint enterprise with Artist.
15.2 City and the Commission may require Artist to make such revisions to
the Proposal as are necessary for the installation of the Artwork to comply with
applicable statutes, ordinances or regulations governing the services of Artist
hereunder. Artist acknowledges (i) that Labor Code Section 1771 may require the
payment of prevailing wages and (ii) the Public Contracts Code may require that
certain aspects of the installation of the Artwork be publicly bid. Upon request of
City, Artist shall make such revisions to the installation of the Artwork and/or supply
9
data to City as is necessary for the installation of the Artwork to comply with the
Labor Code or Public Contracts Code; provided, however, that any such changes
that increase Artist costs to complete the installation shall be paid to Artist in
advance of the installation of the Artwork.
16. Conflict of Interest. No officer, representative or employee of City shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer,
representative or employee participate in any decision relating to the Agreement which
effects his or her financial interest or the financial interest of any corporation, limited liability
company, partnership or association in which he or she is, directly or indirectly, interested,
in violation of any Federal or California statute or regulation. Artist warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
17 Covenant Against Discrimination. Artist covenants that, by and for itself, its
(heirs, executors, assigns, and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Artist shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
18. Integration; Amendments; Interpretation. 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. In the event of a conflict between the terms of the Proposal
and the terms of this Agreement, including Exhibit "A," the terms of this Agreement shall
control,
'19. Governing Law. This Agreement and all matters pertaining thereto shall be
construed according to the laws of the State of California.
20. Licenses, Permits and Fees. Any licenses, permits, and approvals required
by law for installation of the Artwork on City property shall be obtained by the City at City's
sole cost and expense.
21. 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 cant' out the purposes of this
Agreement. Unless hereafter specified, neither party shall be responsible for the services
of the other.
22. Commission. The Commission and the Director of Aviation shall be the City's
designated representatives with respect to this Agreement. It shall be Artist responsibility
to assure that the Commission and the Director of Aviation are kept informed of the
10
progress of Artist services hereunder and Artist shall refer any decision which must be
made by City to the Commission and the Director of Aviation . Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the
Commission and the Director of Aviation. Except as otherwise directed by the City Council,
the Commission and the Director of Aviation shall have the authority to give any approvals
or consents required hereunder and to otherwise act on behalf of City in order to carry out
the terms of this Agreement.
23. 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: Lee K. Stanley
75-784 Via Allegre
Indian Wells, CA 92210
To City: City Manager
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
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.
24. Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all parties
hereto, notwithstanding that all parties are not signatories to the original on the same
counterpart.
11
IN WITNESS WHEREOF, the parties have entered into this Agreement as of
the date first above written.
"ARTIST"
a :
By:
Its:
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
Ely: By:
City Clerk City Manager
APPROVED AS TO FORM:
12
EXHIBIT "A"
(PROPOSAL)
(Specifications and Schedule)
Artwork to be installed at The Site no later than November 11, 2006.
13
CIRCLE OF ONOR
H a T� 15
s P s yw a i u tl
� r i 5tt-� f�4Y
s111N-
�'. 4. S iM 7.3' - eeyr �'�+r £ �4 �b dF 4 LiT' Rx"
t s7 Y a l4 x .Ji b £Kha J 4�" i' .�." ,.Ei 'u(£
��f'�t'
r
iW
r {
1/ vl nr x Av .
'?=:, °,.+_ bs t ktrvi +tl fake+ r
trs9 at0iS1x } , u 5� � 7h4 2t✓
� S n �r +,, i' � ' r r t 7t -6 ar a..x 1 t•N d i€ dE s-
�7f '&` ! 3 #L�LC� i -t v 4Rf�" i �� � f � " ,.� f t�yFi t •tt {e*i.+i'rN 4 �Pi € � �I+
+!tlsee% L.
Q0 -
14i Yes
PI Y <
t+r.�d ru � °•v'a F � t � C •�Y 1'` �y � �- ,"^m A
i}+ srk..r. a•••^k N rvfa i >�w.. M 4� x 'Wst yw�.
F
17
w '�
sN .+ M +w,�
( r
�1j[ � ♦ Yb � A" � �` N,� �n- �hY«{`�Y � 4T jji W� iYMiY+itl'tly4r�
YN' i9�+A e[{ {xy[{i4re. I'1r'r✓�4 C tl bW � Y+Y�cM '�K � � ��4/ 'e�4w
t
11.3 I "A WING AND A PRAYER"
Monument Proposal
��---- 8ft I I Version 1210F
} 12DEC05
TOP
4 ft
i
4S,
12 ft
t 12ft rn
l 4.5 ft 4
a a
FRONT BACK
SIDE I
1_ 5 ft
PALM SPRINGS INTERNATIONAL AIRPORT
Sterile Area
GATE 11 UGATE 10
- _ — GATE 8 '
GATE 9
GATE 7 _= /� a GATE 6
00 01
uo o0
g0 0g
GATE 5 0) GATE 4
QQ /
Q �3
**CIRCLE
F** \a
HONOR
GATE 3 ° GATE 2
� V V �—
o
o
GATE 1
LL
v
J�
GVP�� Tj� •f/ /
�PGGPGO c�FT�OO
PASSENGER SCREENING 0
CHECKPOINT o
*Included in Sterile area ONLY when TSA is conducting screening operations