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HomeMy WebLinkAboutA4835 - BIGHORN INSTITUTE CITY HALL SCULTURE Bighorn Institute Temporary Public Art Display Amendment #2 AGREEMENT #4835 MO 7680, 6-1-05 SECOND AMENDMENT TO AGREEMENT FOR -- __ _ — TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This Second Amendment for Agreement for Temporary Public Exhibition of Sculpture #A4835 is made effective as of June 01, 2005 by and between the City of Palm Springs, a municipal corporation ("City") and the Path of the Big Horn, a nonprofit public art program ("Artist"). 1) On Recitals made on March 17, 2004, the Artist created a Big Horn Sheep Sculpture titled "Pasquino", which was approved for temporary exhibition at City Hall by the City's Public Arts Commission until September 22, 2004. 2) The First Amendment to extend the exhibition period to June 30, 2005, was approved by the City Council on December 1, 2004. NOW THEREFORE for good and valuable consideration, the sufficiency of which his hereby acknowledged, the parties hereto agree as follows: 1) Exhibition Period. The Artists hereby consents to continuous display of the Sculpture at City Hall until December 31, 2005, All other terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Second Amendment as of the date first written above. Artist: Bighorn Insti ut', PA of the Bighorn ATTEST: City of Palm Springs a municipal corporation By i Clerk City Manager APPROVED BY CITY COUNCIL mill✓�t1� d,�y9 �61 �l�u� Px•, p,. R .. Bighorn Institute First Amendment City Hall Sculpture AGREEMENT#4835 FIRST AMENDMENT TO AGREEMENT FOR MO 7589, 12-01-04 TEMPORARY PUBLIC EXHIBITION OF SCULPTURE This First Amendment for Agreement for Temporary Public Exhibition of Sculpture#A4835 is made effective as of December 1, 2004 by and between the City of Palm Springs, a municipal corporation ("City") and the Path of the Big Horn, a nonprofit public art program ("Artist"). 1) On Recitals made on March 17, 2004,the Artist created a Big Horn Sheep Sculpture titled "Pasquino"which was approved for temporary exhibition at City Hall by the City's Public Arts Commission. 2) The Sculpture is on loan to the City for an Exhibition Period of six months ending September 22, 2004. 3) All costs are the responsibility of the Artist, including fine arts insurance. NOW THEREFORE for good and valuable consideration,the sufficiency of which his hereby acknowledged, the parties hereto agree as follows: 1) Exhibition Period. The Artists hereby consents to continuous display of the Sculpture at City Hall until June 30, 2005. All other terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the date first written above. Artist: Biyhvrri in§Ui te,li ath o the Bighorn ATTEST: City of Palm Springs a municipal corporation By: By— City Clerk City Manager L, v `Il Nov 15 04 01 : 48p HiChorn Institute 16u34Udy8 / P. J. ACQRD. CERTIFICATE OF LIABILITY INSURANCE u9/OZ/zoo PRODUCER (760)320-1111 FAX (760)3ZO-I115 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Garcia Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 2803 HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs, CA 92263 INSURERS AFFORDING COVERAGE NAIC IF INSURED Bighorn Institute NSURERA: Golden Eagle Insurance Po Box 262 INSURERS: Palm Desert, CA 92261 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TD THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINN ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOM POUCYEPI�CTWE PDLICYEXPIRATION LTR NSRO TYPE OF 11611pAHCE POLIO/NUMBER DATE MNIDOOYI DATE MMIDTLYY) LIMITS GIDERALLUUUUTY CBP9636927 09/Z6/ZO04 09/26/2005 EACH occuRRExcE S 1,000,000 X COMMERC:l:_GENERALLIA%RY DAMAGETORENTEO $ 100,000 PRFMICFC rFa, .,I CLAIMS MADE X OCCUR MEDEXP(Anya w) S 51000 A PERSONALLADVBNIURY f 1,000,000 GENERALAGGREGATE f 21000,000 GENL AGGREGATE LIMIT APPLIES PER: PROOUCTS-CDMPIOPAGG S 2,000.000 7 JECT n LOG AUTMOmLE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (EA acodw) f ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PArPRau,) S HIPEOAUTOS -- BODILY INJURY S NON-0MMED AUTOS IFer amdaA)nq PROPERTY DAMAGE S . (PeramaenU GARAGE LIABILITY AUTO ONLY-EA ACCIDENT :S ANY AUTO OTHER THAN EAACC S AUTO ONLY. AGO S FXCESMAKINELIA UJIMUTY EACH OCCURRENCE S OCCUR CLAMS MADE AGGREGATE f f DEDUCTIBLE RETENTION S '$ wORNERS COI?ENSATIDN AND I TnWCRYSiIiulTs I IOTH- EMPLOYEW LIABILITY FR ANY FW" ANTE R/PARTNDED? UTNE EL EACHACCIDENT S OFFICEWAEAe9i EXCLUDED? EL DISEASE•EA EMPLOYEE S I dws u dw SPECIAL PROVISIONS lralav EL DISEASE-POLICY LIMIT S °TMn' CBP9636927 09/26/2004 09/26/2005 A FINE ART I DESCMPROM OF OPERATIONS LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Certificate holder is additional insured with respects to operations of the named insured. CERTIFICATE HOLDER CANCELLATION j SHOUT➢ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I m BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. I City of Palm Springs SHALL IMPOSE FAILURE TO MARL SUCH NOTICE SHA IMPOSE NO OBLIGATION OR L IAMUTY 3200 E. Tahquitz Canyon Nay OFANYI IA TIP OREN.ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92262 AUTHOR! SENT A ACORD 25(2001108) � ACORD CORPORATION 198E Bighorn Institute City Hall Sculpture AGREEMENT #4835 M07455, 3-17-04 AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SGULPTURh--- THIS AGREEMENT ("Agreement") is entered into this 17`h day of March 2004 by and between the CITY OF PALM SPRINGS, a municipal corporation("City")and the Bighorn Institute, doing business as,the Path of the Big Horn, a nonprofit public art program ("Artist"). RECITALS: WHEREAS,The Artist has created a Big Horn Sheep Sculpture titled"Pasquino"("Artwork"). WHEREAS, the City's Public Arts Commission ("Commission") has approved a temporary exhibition of the Artwork in the Palm Springs City Hall. The specific location where the Artwork will be exhibited is designated as the"Site"as indicated on the map which is attached hereto as Exhibit "A" and incorporated herein by this reference. NOW,THEREFORE,the City and the Artist, under the conditions hereinafter set forth agree to placement of the Artwork, as stated herein, subject to the following terms and conditions of this Agreement: 1. City Representative. The Commission, an agency of the City of Palm Springs, 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. Ownership. Except as provided in Sections 9 and 12 below, the Artist will remain at all times the owner of the Artwork. However, the Artist will relinquish possession of the Artwork to the City for the duration of the exhibition period described below in Section 8. 3. Compensation. Artist is loaning the Artwork to the City at no cost to the City. The Artist will pay for crating and shipping costs for delivery of the Artwork to the Site. The Artist will also insure the Artwork while the Artwork is in the City's possession. 4. Transportation and Installation. Artist shall be responsible for crating and transportation of Artwork to the Site. The Artist will pay for crating and transportation as described in Section 3 above. The Artist will install the Artwork at the Site. All hardware or other equipment required for installation of the Artwork will be provided by the Artist. 5. Care and Condition. The Artwork is loaned in good condition unless otherwise noted. Artwork shall be examined for condition upon receipt. All reasonable efforts shall be made to maintain the Artwork in the same condition as the Artwork is received. Should loss or damage or deterioration be noted, City will notify Artist. The Artwork shall not be repaired or altered in any way except with written permission of the Artist. 6. Copyright. Except as provided in this Agreement, all copyrights related to the Artwork 1 ORIGINAL BID shall remain with the Artist. 7. Reproduction Rights. The Artist hereby grants to the City the right to photograph,film and videotape the Artwork. The City has the right to reproduce and distribute, in printed form, educational materials and brochures advertising or promoting the City or any other literature of the City, photographs, realistic renderings, videotapes or films of the Artwork as installed. No royalty shall be due and payable by the City to the Artist for such reproductions or use of the images of the Artwork for promotional purposes. Such reproductions and use of the images of the Artwork for publicity and promotion shall, to the extent reasonably possible and appropriate, give reference the Artist. 8. Exhibition Period. The Artist hereby consents to continuous display of the Artwork at the Site for a period of six (6) months beginning no later than March 22, 2004, and ending on September 22, 2004. The Artist acknowledges that such consent is given freely and knowingly,and that no attempt will be made by the Artist to remove the work prior to the expiration of this period without the written consent of the City. The City reserves the right to decline or terminate the Sculpture's exhibition prior to expiration of the period described above. The City reserves the right to display the Artwork at a different location if deemed necessary. Artist will be consulted regarding a change of location but the final decision on site selection rests with the City. 9. Sale of Artwork. The Artwork may be sold to a third party with an assignment of rights under this Agreement. However, sale of the Artwork does not terminate this Agreement. The Artist shall notify the City in writing immediately upon the sale of the Artwork and/or assignment of rights under this Agreement. 10. Removal of Artwork. Artist or owner, if other than the Artist, shall give 30-day written notice requesting removal of Artwork. Removal of Artwork shall be the responsibility of Artist or owner. All costs for removal including crating and transportation and insurance shall be the responsibility of Artist or owner. 11. Extension of Agreement. This Agreement shall automatically be extended for sixty(60) days if Artist or owner does not request removal of the Artwork and the Artwork remains with the City. 12. Option to Purchase. The City has the option to purchase the Artwork for $10,000, payable to The Path of the Bighorn. The payment shall be due within 30 days after the date the option to purchase is exercised. The payment will be paid from the Public Arts Specialized Equipment Account. The City's option period shall end ninety(90)days from the date of installation. After that date the Artist shall have the right to sell the Artwork. 13. Insurance. (13.1) The Artist shall procure and maintain throughout the term of this Agreement Fine Arts Insurance 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. The Artist shall procure and maintain fine arts insurance insuring against damage to and loss of the Artwork while in 2 Artist's possession, during transit to the Site during installation, and while in the City's possession on all risk form with limits not less than $4,000.00 which the parties agree is the replacement value of the Artwork, and a deductible not to exceed ONE THOUSAND and 00/100 DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of the Artist. The Fine Art Insurance provided by the Artist shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the 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 the City Representative. The cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME TO THE LEFT". In the event any of said policies of insurance are canceled, the 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 the Artist has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The 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. It is expressly agreed that due to changes in law and conditions prevailing in the insurance market, the need may arise to change insurance coverage during the life of this Agreement. In the event the City Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Artist agrees that the minimum limits of the insurance required by this Section may be changed and that Artist shall have the right to appeal a determination of increased coverage by the City Risk Manager to the City Council of City within ten (10) days of receipt of notice from the City Risk Manager. 14. Indemnification. The Artist 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 Artist, its agents, employees, contractors, or invitees, Oor from the existence of the Artwork at the Site or otherwise related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attomeys' 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. 15, Conflict of Interest. No officer, representative or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer, representative or 3 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. The 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. 16. 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. 17. Integration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless in writing 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. 18. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. 19. 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 carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the services of the other. 20. 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: To Artist: The Bighorn Institute Path of the Big Horn P.O. Box 262 Palm Desert, CA 92261-0262 Attn: Gary Zornes 760-774-1732 To Commission: City of Palm Springs Public Arts Commission P.O, Box 2743 Palm Springs, CA 92263-2743 4 Attn: Director of Community & Economic Development (760) 323-8175 office (760) 322-8325 FAX Copy to: Aleshire &Wynder, LLP 18881 Von Karman Avenue, Suite 400 Irvine, CA 92612 Attn: David J. Aleshire, Esq. 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. 20. 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. 21. Corporate Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) is duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. Signatures on next page 5 �iC �OQt�B t3�"Y ITLCVC E Artist e j'i I a 6)r � ir�I�f3JG C12 ' , rOC. )`�a y (Tax I.D. Number) (Check One: _individual, partnership_XILcorporation Signature (�ww7t)ph6s Print Rame and Title By p� Print Name and Title ATTEST: CITY OF PALM SPRINGS a municipal corporation By: By: ity Clerk City Manager APPROVED AS TO FORM: End of Signatures 6 EXHIBIT "A" SITE The Big Horn Sheep Sculpture (Artwork) shall be displayed at Palm Springs City Hall in the main lobby as shown below. Front Desk Entrance a s f 9pp, Sculpture Location I 7 Mar 25 04 11 : 03a Bighorn Institute 760 340 3907 P. 2 MAK-24-2UU4 WED Ue:2f AM GARCIA INSURANCE INC FAX NO. 760 323 7252 P. 01 AGDRQ CERTIFICATE OF LIABILITY INSURANCE 03124 04 FRomlcm (760)320-1111 F Q60 320-1115 THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION Garcia Insurance, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Raz 2603 HOLDER,THIS CERTIFICATE DOES NOT AMEND.EXTEND OR . . I ALTER THE COVERAGE AFFORDED 0Y THE POLICIES Palm Springs, CA 92263 Joseph Garcia INSURERS AFFORDING COVERAGE NAIC9 v names 6i Tarn institute msunaRm 9 Golden Eagle Insurance Po am 26Z MSUPJMa Palm Desert, CA 9ZZ61 MVIWRr7 YU=IIIIERa COVERAGES INSMiERE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOIWHHSTAHDI M ANYREOUREMENT.TERM OR CONDITION OF ANY CONTRACT OTHER DOCUMENT WITH Rl9PECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OF. MAY PERTAIN THE INSUINANCEAFFOROED BYTHEPOUCIES DE9OR CWaED HEREIN 15 SUBJECTTO ALL THE TERMS.D{CLUSRNSAND COALITIONS OF SUCH POUCWS.AGGREGATE UMITSSHOWN ANY FIVE aEEN REDUCED BY PAID CIMMS. 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CANCELLATION ' wrowDwnY OFTME AeovEDpelwmsouCle=eIeARL,;1.LscaeFDRlTIe� - - EMFwwIIDNIMlE 71e11leF.71E IN11nID Ralnet WRL[MDeAYOR TOaAL ' :�I�IuvstelnTON RDTCEroT1E IDrRik]CATEe101DER NMMprotll LlFr, City of Palm Springs MITFALUREYUMMLMxHNornceaw Woo mOeLr"T" eL UT 3200 E. Tahgwitz canyon way of ARYIaRD UFDnTIIl wlmnm.Ire Aawlson ReeRraeerrwnvre Palm Springs. CA 92262 AInNOMaDR41©RRATYE 39seph Garcia ACORD 25(ZMma) BIACORD CORPORATION 11238