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HomeMy WebLinkAbout11/2/2005 - STAFF REPORTS (21) �O4PpLM Sp4 iy V N * * 'L.otnO tM1S EO fit,, CITY COUNCIL STAFF REPORT DATE: November 2, 2005 NEW BUSINESS SUBJECT: AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS ART MUSEUM FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY A Loan Agreement between the City and Palm Springs Art Museum expired September 2005 for the Michael Todd sculpture, entitled Daimaru XII, located at the rear of Desert Fashion Plaza. The Public Arts Commission and Museum want to execute a new Loan Agreement and relocate the sculpture to the Convention Center. The new Loan Agreement is for a period of five years (5) with a five-year option to renew with an annual loan fee of$1,500 payable to the Palm Springs Art Museum. RECOMMENDATION: 1. Adopt Minute Order No. to Approve the Agreement for Placement and Loan of Artwork between the City of Palm Springs and the Palm Springs Art Museum. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In September 1995 the City Council approved a ten-year Loan Agreement between the City and the Desert Museum for placement of a sculpture entitled Daimaru XII, created by artist Michael Todd. The valuation of the Agreement was for $20,000, which was equivalent to the permit fees for the Steve Chase Art Wing and Education Center expansion. The Agreement expired in September 2005 and with the partial demolition of the Desert Fashion Plaza and future redevelopment plans, the Museum proposed executing a new Loan Agreement and relocating the sculpture to another site. Item No. 5 . B , City Council Staff Report November 2, 2005 -- Page 2 Agreement for Placement and Loan of Artwork On October 13, 2005, the Public Arts Commission approved the Museum's proposal to execute a new Agreement for a five-year loan term, with a five-year option to renew and relocating the sculpture to the Palm Springs Convention Center. The Commission also agreed to pay for the installation of a pad to adequately support the sculpture and the relocation cost. Other terms of the Agreement that the Commission approved included insurance coverage, and if necessary, maintenance, repair and replacement costs. The annual payment of $1,500 was reduced from the original $2,000 value because the City is taking on the additional costs, which were not part of the original Agreement. The Museum's Curator will assist staff in determining the exact placement of the sculpture at the Convention Center and will provide the specifications for the construction of the pad to support the sculpture. The Convention Center has been contacted and supports the site identified for the sculpture, which is in the desert landscaped area at the corner of Amado and Caballeros. FISCAL IMPACT: IFinance Director Review o ✓�,, There is no fiscal impact to the General Fund. The $1,5annual payment will be paid from the Public Arts Specialized Equipment Account #1 0-30-4408-43160. The cost to install a pad and relocate the sculpture will be paid from Public Arts Maintenance Account#150-30-4408-50015. Jo Ra ' ond, Director Cathy Var�HOrn, Public Arts Administrator David H. Ready, City Mari er Assistant City Mager Attachments: Minute Order Agreement for Placement and Loan of Artwork MINUTE ORDER NO. APPROVE THE AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS ART MUSEUM. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving the Agreement for Placement and Loan of Artwork between the City of Palm Springs and Palm Springs Art, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2"d day of November, 2005. James Thompson, City Clerk AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK This AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (Agreement) is Entered into as 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 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 Fee. City shall pay a loan fee in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), annually, payable within thirty (30) days of receipt of an invoice by Owner. The loan fee shall be paid from the Public Arts Fund. 3. Loan Term. The loan term shall be five (5) years, with a five (5) option to renew. 4. The Artwork. The Owner will loan to the City a steel sculpture approximately 144x144x36 inches, titled Daimaru Xii, by artist, Michael Todd as shown in Exhibit "A" (the Artwork). 5. Location and Site Preparation: The artwork shall be located at the Palm Springs Convention Center in the landscaped area on the southwest corner of Amado Road and Avenida Cabelleros, as shown in Exhibit "B" (the Site). The City shall pay for 1 the costs to install a pad adequate for placement of the artwork. The exact location and pad size shall be provided by the Palm Springs Art Museum Curator. 6. Packing and Transport. All packing and transportation costs for relocating the artwork to the designated site shall be paid by the City. 7. Expenses. All delivery, maintenance, repair, restoration, replacement and insurance shall be the sole cost of the City. 8. Insurance. City shall procure and maintain, in a form consistent with industry standards, with an insurer qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide with a financial class category of Class VII or better, during the entire term of this Agreement, the following policies of insurance: a. Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Board Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure City's obligations under Section 9 below. The policy shall have a combined single limit liability of ONE MISISON DOLLARS (i$1,000,000.00). b. Worker's Compensation Insurance. A policy of workers' compensation insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for City and Owner against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to ay worker employed by or any person retained by City and Owner in the course of carrying out the obligations of the Agreement. C. Fine Arts Insurance. City shall procure and maintain fine arts insurance on the Artwork on all risk form with limits not less than EIGHTY THOUSAND DOLLARS ($80,000) and a deductible not to exceed ONE THOUSAND DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of the City. All of the above policies of insurance shall be primary insurance and shall name the Owner, its officers, employees and agents as additional insureds. All of such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. City shall provide the Owner with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. In the event any of such policies are canceled, prior to the cancellation date, City shall submit new evidence of insurance in conformance with requirements of this Section 7. 9. 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, the Palm Springs Art Museum is to be notified immediately and in detail. It is understood that the artwork 2 covered by this Agreement shall remain in the condition in which they are received. They shall not be cleaned, repaired, retouched, removed from frame, or altered in any way except with written permission of the Palm Springs Art Museum. 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 the Palm Springs Art museum, gift of Kathryn Doi Todd and Mia Chan Todd; placed by City of Palm Springs Public Arts Commission." 12. 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 injur to or death of persons, injury or damage to Property and attorneys fees, but excluding such Claims or Liabilities esutling solely from the will misconduct of the City, its officers, agents or employees who are directly responsible to the City. 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 Its "CITY" ATTEST: CITY OF PALM SPRINGS, A municipal corporation City Clerk City Manager APPROVED AS TO FORM: City Attorney 4 EXHIBIT "A" (The Artwork) 1 ^ t n ++Mir �"...i —m u rvY�y�VH'•{.. .a.lw. ai �_ rF. / u' Mur�'„Lkr yM„+yrvil"�W zjuy..y 9+rt.,,r 5 Exhibit "B" (The Site) I I ti�,t�eM t"A �fI a3 i 6