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HomeMy WebLinkAboutA4101 - JAMES JARED TAYLOR SCULPTURE DEMUTH MO 6381 r • James Jared Taylor III Commission of Public Art Work Sculpture at DeMuth Park AGREEMENT #4101 AGREEMENT FOR COMMISSION OF PUBLIC ART' M06381, 4-21-99 THIS AGREEMENT FOR COMMISSION OF PUBLIC ART WORK ("Agreement")is entered into this j 7 day of U `' 199�, by and between the CITY OF PALM SPRINGS, a municipal corporate (the "City ), acting by and through its Public Arts Commission (the "Commission") and JAMES JARED TAYLOR, I1I, (the "Artist"). RECITALS A. The City is implementing a public arts program pursuant to Municipal Ordinance No. 1479, establishing an art in public places program and related development fee in the City, and establishing the organization, objectives and responsibilities of the Commission. B. Funds have been allocated for the selection, purchase and placement of art work throughout the City. C. The Artist submitted a proposal to the Commission for creation of a sculpture project for Demuth Park in accordance with the specifications attached hereto as Exhibit "A" and incorporated herein by reference (the "Proposal"). The Artist and the Proposal were approved by the Commission on January 14, 1999 acting through the procedures duly adopted by the City and the Commission for the design, execution, fabrication and installa- tion of certain public art work (the "Work"), in a public space located on the property near the center of Demuth in the vicinity of the Williams Pavilion sign as more particularly de- picted on Exhibit "B" attached hereto(the "Site"). NOW, THEREFORE, the City and the Artist, for the consideration and under the 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 Artist's Services. 1.1 Fabrication and COmDletion of Work of Art. The Artist shall fabricate the Work or cause it to be fabricated, under the Artist's personal supervision, in conformity with the Proposal and following the procedures and timeline set forth in the Schedule of Performance attached hereto as Exhibit "C" and incorporated herein by reference (the "Schedule"). The Work shall not deviate in size, design or material from the Proposal and the specifications as attached, unless the change is approved in writing by motion of the Commission. The Artist is responsible for the transportation of the Work to, and the installation of the Work at the Site, and for all expenses associated with the fabrication, transportation and installation of such Work. 1.2 Consultations and Deviations from Proposal. The parties agree to cooperate and consult closely during fabrication of the Work to complete the Work in accordance with the Proposal. The Artist will present design changes to the Com- mission for its approval and acceptance. 1.3 Modifications. The City shall have the right, prior to the acceptance of the Work, to request modifications to the Work. Should such modifications result in an increase in cost to the Artist, full documentation of such costs shall be submitted to the Commission in writing and any reasonable increase approved by the Commission. Upon approval, such increased costs shall be added to the fee to be paid to the Artist pursuant to Section 4 below. In the event the modifications result in a reduction of costs to the Artist, the fees owed to the Artist pursuant to Section 1 • ~ n 4 below shall be reduced by a like amount. Except as expressly provided in the Agreement, City shall not intentionally damage, alter, modify or change the Work without the prior written consent of the Artist. 2. Commencement and Performance of Work. The Artist shall commence the fabrication of the Work upon the receipt of a written "Notice to Proceed" from the Commission. The Work shall be completed in accordance with the Schedule of Performance contained in the Proposal. 3. Ownership of Documents. PvIodels All studies, drawings, designs, and models prepared and submitted relative to this Agreement shall become the property of the City. The Commission may permit the Artist to borrow such items as needed for the fabrication of the Work. The City agrees not to reuse such studies, drawings, and models for the purpose of constructing a full-sized duplicate of the Work without the express written permission of the Artist. The City shall hold the Artist harmless from liability arising from any such unauthorized reuse of the studies, drawings, maquettes, and models. 4. Fee and Interim Payments. As consideration for the Work, City shall pay Artist the fees set forth on the attached Exhibit"D" in accordance with the time frames provided therein ("Fee Schedule"). 5. Indemnification. Artist agrees to indemnify the City, its officers, agents, representatives and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs,penalties,obligations,errors,omissions or liabilities(herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the Work, operations or activities of Artist, its agents, representatives, employees, subcontractors,or invitees, provided for herein, or arising from the performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is current passive or active negligence on the part of the City, its officers,agents,representatives or employees,but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, representatives or employees,who are directly responsible to the City and further excluding claims or liabilities accruing subsequent to the final acceptance of the Work by the City provided that the obligations of Artist under this Section shall continue with respect to any claims or liabilities caused by, resulting; from or connected with a breach or failure of the warranty contained in Section 6.1 below. In connection with the foregoing indemnity: 5.1 Artist will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; 5.2 Artist will promptly pay any judgment rendered against the City, its officers, agents,representatives, or employees for any such claims and liabilities aris- ing out of or in connection with the performance of or failure to perform such Work, operations or activities of Artist hereunder; and Artist agrees to save and hold the City, its officers, agents, representatives and employees harmless therefrom; 5.3 in the event the City, its officers, agents, representatives, or employees are made a parry to any action or proceeding filed or prosecuted against Artist for such damages or other claims arising out of or in connection with negligent performance of or failure to perform the Work, operation or activities of Artist hereunder, Artist agrees to pay to the City, its officers, agents, representatives, or employees, any and all costs and expenses incurred by the City, its officers, agents, representatives,or employees in such action or proceeding,including,but not limited to, legal costs and attorneys' fees. 2 6. Artists'Warranties/Waivers. 6.1 Defects in Materials or Workmanship and Inherent Vice. The Artist warrants that the Work will be free of defects in workmanship or materials, and that the Artist will, at the Artist's own expense, remedy any defects due to faulty workmanship or materials appearing over the life of the Work. This warranty includes any workmanship or materials which cause the Work to deteriorate over time in a manner inconsistent with its 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 Work which, either alone or in combination, result in the tendency of the work to deteriorate. 6.2 Public Safety. The City and the Artist shall cooperate to insure that the Work incorporates no aspects which are a danger to the public such as sharp edges or points. The Commission shall review the Work, landscape and installation plans and shall request any modification relative to public safety prior to installation. Any modifications requested by the Commission shall be governed pursuant to Section 1.3 above. Should hazards in relation to the design become apparent after installation, City shall have the right to make adjustments and modifications thereto in order to eliminate such hazards. Artist agrees to cooperate in making adjustments to the Work if necessary to eliminate other hazards which become apparent within one (1)year of the date the Work is finally accepted by the City. 6.3 Title. The Artist warrants that the Work is the result of the artistic efforts of the Artist and that it will be installed and transferred to the City free and clear of any liens, claims or other encumbrances of any type. 6.4 Unique. The Artist warrants that the Work is unique and no other such Work shall exist and that the Artist will not execute or authorize another to execute another work of the same or substantially the same design as the Work commis- sioned pursuant to this Agreement. This warranty and covenant shall be binding on the Artist's heirs and assigns. 6.5 Waiver. Due to the nature of the Work and the Site on which it is to be placed and the public interest of the City, Artist and his agents, heirs, successors and assigns hereby waive any and ;all rights they may have under the California Art Preservation Act, as set forth in California Civil Code Section 987,as it may be amended from time to time. Artist, his agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989 or any other similar provision. 7. Excuse or Suspension of Contractual Obligations Force Majeure. 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 the 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 the Artist shall within ten (10) days of the commencement of such delay notify the Com- mission in writing of the causes of the delay. The Commission shall ascertain the facts and the extent of the delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Commission, such delay is justified. The Commission's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Artist be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Artist's sole remedy being extension of the Agreement pursuant to this Section. 3 8. Special Services to be Performed by the Artist. 8.1 The Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or dedication ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed'Work in such art publications and otherwise as may be determined between the City and the Artist as soon as practicable following completion. 8.2 Upon completion of the Work, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Work. 9. Default: Remedies. 9.1 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the defaulting parry in writing of the breach 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 three (3) days of service of such notice and completes the cure of such default within thirty(30) days after service of the notice, or such longer period as may be permitted by the injured parry, provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Com- pliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action,and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 9.2 Retention of Funds. Artist hereby authorizes City to deduct from any amount payable to Artist (whether or not arising out of this Agreement): (i) any sums which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities or damages suffered by City resulting from this Agreement, and (ii) all amounts for which City may be liable to third parties by reason of Artist's acts or omissions in performing or failing to perform Artist's obligation under this Agreement. In the event any claim is made against the City by a third party, any indebtedness appears to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because- of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Artist to insure, indemnify, and protect City as provided herein. 9.3 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be con- strued as a waiver. A party's consent to or approval of any act by the other parry requiring the parry's consent or approval shall not be deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver by either parry 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. 9.4 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. 4 9.5 Le5ml Action.In addition to any other rights or remedies, either parry may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 9.6 Termination for Default of Artist. The City shall have the right to terminate this Agreement for cause upon any material breach by Artist, 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 Work and prosecute the same to completion by contract or otherwise, and the Artist shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and the City may withhold payments to the Artist for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 9.7 Termination for Default of City. Artist shall have the right to terminate this Agreement for cause upon any material breach by City, subject to the require- ments 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, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys'fees. Attorneys'fees shall include attorneys'fees on appeal,and in addition, a party entitled to attorneys'fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation, at trial and on appeal. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action or proceeding is prosecuted to judgment. 10. Insurance. The Artist shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 10.1 Comprehensive General LiabilityInsurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLLARS (;$1,000,000.00) combined single limit. 10.2 Workers' Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with laws of the State of California and which shall indemnify, insure and provide legal defense for both the Artist and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Artist in the course of carrying out the Work or services contemplated in this Agreement. If the Artist has no employees, as defined in California Labor Code Sections 3350 et seq. and the Artist submits a letter to the City Risk Manager so stating, this provision may be waived. 10.3 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) per person and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and property damage liability limits of ONE 5 HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence and TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) in the aggregate, (ii) combined single limit liability of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), or (iii) limits as set by the City Risk Manager. Said policy shall include coverage for owned, non-owned, leased and hired cars. 10.4 Fine Arts Insurance. A policy of fine arts insurance on an all-risk form in the amount of not less than THIRTY THREE THOUSAND AND 00/100 DOLLARS ($33,000.00) and a deductible not to exceed ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) for each loss until the Work is completed at the Site by the Artist and custody relinquished to the City, or other insurance adequate to insure the Work if approved by the City Risk Manager. All of the above policies of insurance 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. The Comprehensive General Liability Insurance shall also name the Palm Springs Unified School District as an additional insured, describing the facility to be used, purpose and such other information as required by the District. 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. 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 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. 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 policies required by this Section may be changed accordingly upon receipt of written notice from the City Risk Manager; provided that the Artist shall have the right to appeal a determination of increased coverage the City Risk Manager to the City Council of City within ten (10) clays of receipt of notice from the City Risk Manager. 11. Ownership of Work/Copyright. 11.1 Bill of Sale. Upon the acceptance of the Work and payment therefor by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exhibit "E" ("Bill of Sale"). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the U.S. Copyright Office, and the Artist shall provide the City with a copy of the application for registration. The copyright in the Work shall be transferred to the City by the Bill of Sale. 6 11.2 Copyright. Copyright in the Work will be owned by the Artist until title to the Work passes to the City pursuant to the Bill of Sale. Notwithstanding the foregoing, the Artist agrees not to make use of such copyright in the Work for any purpose other than the performance of the Work prior to the passing of title to the Work to the City, without written consent of the City. Upon passing of title to the Work to the City by the Bill of Sale, copyright in the Work will be owned by the City and no further use of the copyright will be made by the Artist. 11.3 Reproductions by Cam. The City shall have the right to make, and to authorize the making of, photographs and other two and three-dimensional reproductions and models of the Work for educational, public relations, arts promotional and other commercial and non-commercial purposes. Such reproductions and use of the images of the Work shall, to the extent reasonably possible and appropriate, give reference to the name of the Artist. Artist shall have no rights to receive royalties in relation to any reproductions. 11.4 Reproductions by Artist. The City agrees that the Artist shall have the right (without the prior consent of the City) to reproduce and distribute in printed form, educational materials and brochures advertising or promoting the Artist and his career,two-dimensional images such as photos or realistic renderings,video tapes or films of the Work as installed and formally accepted by the City. No royalty shall be due and payable by the Artist for such reproductions and purposes. Such reproductions and use of the images of the Work for publicity, promotion and educational purposes shall be for non-commercial purposes only and, to the extent reasonably possible and appropriate, shall give reference to the City. 12. Credits to Work. 12.1 Label. A label identifying the Artist, the title of the Work and the year it is completed shall be publicly displayed in the area adjacent to the Work. 12.2 Artist's Credit. The City agrees that unless the Artist requests to the contrary in writing, all references to the Work and all reproductions of the Work shall credit the Work to the Artist. 12.3 City's Credit. The .Artist agrees that all formal references to the Work shall include the following credit line: "From the Collection of the City of Palm Springs, commissioned by the City of Palm Springs Public Arts Commission." 13. Documentation. Artist shall provide information on the Work requested by the Commission for its registration files. 14. Repair and Restoration. It is the current policy of the Commission to consult with the Artist regarding repairs and restoration which are undertaken during the Artist's lifetime when that is practical. To facilitate consultation, Artist will, to the extent feasible, notify the Commission of any change in his permanent address. 15. Reputation. 15.1 City's Commitment, The City agrees that it will not use the Work or the Artist's name in a way which reflects discredit on the Work or on the name of the Artist or on the reputation of the Artist as an artist. 15.2 Artist's Commitment. The Artist agrees that Artist will not make reference to the Work or reproduce the Work or any portion thereof in a way which reflects discredit on the City of the Work. 7 16. No Assignment or Transfer. The personal skill,judgment and creativity of the Artist is an essential element of this Agreement. Therefore, the Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this Agreement or any of the work to be performed hereunder without the express written consent of the City, which consent may be withheld in the City's sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding,this Agreement shall be void. No approved transfer shall release the Artist from any liability hereunder without the express consent of the City. 17. Artist as Independent Contractor. 17.1 Neither the 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's 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. 17.2 The City and the Commission may require the Artist to make such revisions to the Proposed Work as are necessary for the Work to comply with applicable statutes, ordinances or regulations governing the project. 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 Work be publicly bid. Upon request of the City, the Artist shall make such revisions to the Work and/or supply data to the City as is necessary for the Work to comply with the Labor Code or Public Contracts Code. 18. 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 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 war- rants 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. 19. 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. 20. Amendments. No modification or amendment of the terms of this Agreement shall be effective unless written and signed by authorized representatives of the parties hereto. 21. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. 8 22. Licenses, Permits and Fees. Artist shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Except as specified below, Artist shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Artist's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. Any permits required for landscaping and installation of Work on City property shall be obtained by the City at the City's sole cost and expense, and Artist shall provide any information necessary to obtain such permits. 23. 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 parry shall be responsible for the services of the other. 24.Commission. The Commission shall be the City's designated representative with respect to this Agreement.It shall be the:Artist's responsibility to assure that the Commission is kept informed of the progress of the Work and the Artist shall refer any decision which must be made by the City to the Commission. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Commission. Except as otherwise directed 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 in order to carry out the terms of this Agreement. 25. Notices. Any notice which either parry 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 parry 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: Mr. James Jared Taylor, III 1866 Jacques Road Palnn Springs, CA 92262 (760)322-4304 To Commission: City of Palm Springs Pub:iic Arts Commission P.O. Box 2743 Palnn Springs, CA 92263-2743 Attn: Ms. Diane Morgan (760) 778-8408 Copy to: Rutan & Tucker 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 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. 26, 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. 9 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. ARTIST �a es Jared' y r, III r 272-66! Y57 (,Artist's Social Security Number) ATTEST: CITY OF PALM SPRINGS a 4ager ra on 13y: a By. Ci Clerk City APPROVED AS TO FORM: s a�PP,0vEY) Cali W 9t q to EXHIBIT "A" PROPOSAL Work Specifications The sculpture installation will be entitled "Nines and Elevens" which refers to the number of players on soccer, football, and baseball teams and also planets in our solar system. The sculpture installation will consist of seven elements which will be placed around the entry walkway to the Williams Pavilion in Demuth Park (the "Site") in Palm Springs, California. The individual specifications for each of the elements are as follows: Baseball Bat: The Baseball Bat will be fabricated of 1/2" plate steel cut into the shape of a bat and welded to a 24"X 24" steel baseplate. A 3" spine will be skip-welded up both side faces of the bat shape to act as a stiffener. The Baseball Bat will be painted black with a DTM acrylic paint. The Baseball Bat will be installed vertically and anchored to a 36" X 36"X 48" deep concrete footing. The height of the bat will be approximately 12'. Baseball: The Baseball will be fabricated from 1/4" sheet steel. The curvilinear forms will be rolled in forms matching those in the model. The Baseball will be painted black with a DTM acrylic paint. The Baseball will be anchored to a concrete footing measuring 24" (diameter) X 48" deep. The Baseball will be approximately 54" in diameter X 24" deep. Football: The Football (American) will be fabricated from 3/16" sheet steel. It will be formed into the shape matching that in the model. It will measure approximately 60"X 30" X 6". The Football will have eleven (11) 3" holes that penetrate from one side to the other which will be formed by welding pipe through the form to create a clean transition of surfaces. The Football will be painted purple with a DTM acrylic paint. The Football will be mounted on a 36" X 48" concrete slab at an angle as shown in the model. To add stability, the Football will be "sleeved"' on to two pipes that will run up into the Football. The pipes will be sunk into a 36" footing that will extend below the slab. Soccer Ball:The Soccer Ball will.be fabricated from 1/4"steel sheet and rolled into the forms matching that shown in the model. Welded to the circular form will be a large hexagon that will be inscribed by the circular form. Eleven (11) holes will be cut into the hexagon. Inside the circular form will be three pentagons welded in place to form shadows. The approximate diameter of the Soccer Ball form will be 60" with a depth of 24". The Soccer Ball will be mounted on to a 24"X 36" deep footing. Solar System House: The Solar System House will be fabricated from 3/16" sheet steel. It will measure 96"X 48"X 6". The interior will have angle iron reinforcing and two "sleeves" for mounting/anchoring. The holes will be created by penetrating from one face to the other with varying size pipes and welding them into place to approximate the size of the nine planets and the sun. The Solar System House will be painted yellow with a DTM acrylic paint. The Solar System House will be anchored to a 60" X 24" X 48" footing by sleeving the form onto pipes embedded into the footing. Hill: The Hill will be fabricated from 3/16" sheet steel. The Hill will measure 48"X 96" X 8". The Hill will be reinforced by an angle iron inner frame which will also have a sleeve for two anchoring poles from the pedestal. The Hill will be painted in a crimson with a DTM acrylic paint. The Hill will be mounted on a concrete base measuring 100" X 60" with 36" deep footings for the moutiting/anchoring poles which will sleeve into the sculpture. EXHIBIT "A' 11 • i EXHIBIT "A" PROPOSAL Work Specifications Baseball Diamond: The Baseball Diamond will measure 48" X 48"X 6" and will be fabricated from 3/16" sheet steel. The form will be penetrated by eight holes measuring approximately three inches in diameter with a large hole approximately six inches in diameter. The holes will be made from pipe in order to make a clean transition of surface. The Baseball Diamond will be mounted on to a 60" X 60" concrete base. The Baseball Diamond will have an inner frame of angle iron and a sleeve for the mounting/anchoring poles. The poles will be embedded into a concrete footing which is part of the base. The footing will be 36" deep. Full drawings and specifications will be made by the Artist, including lighting and landscape considerations, for review by the Commission. The siting of the seven sculptural elements will be done by the Artist and the student crew. A drawn plan or model of the siting will presented to the Commission for approval. Parks, Recreation and Golf Commission will also review the final placement of the sculptures. All metal work is to be done by either SMAW or MIG welding process. The work is to be fabricated by the Artist and a chosen crew of approximately twelve (12) student artists and two (2) assistants who will be hired by the City as temporary employees and will be paid separately f-om this Agreement. A Project/Site Coordinator will be paid at the rate of$20.00 per .hour. A Project Assistant will be paid at the rate of$10.00 per hour. Students will be paid at the rate of $5.75 per hour. The total cost for these temporary employees shall not exceed $13,000. The fabrication will take place at the welding shop at Palm Springs High School. EXHIBIT "A" 12 EXHIBIT "A" PROPOSAL Model i, jj 1 � r t' EXHIBIT "A" 13 �� III � i � � �� EXHIBIT "B" SITE ACP 5Cl pTU1�E 51T� a P•.rz -"o I OT DEMUTH PARK ME50U TI E AVE, SITE FL 141 EXHIBIT "B" 14 EXHIBIT "C" SCHEDULE OF PERFORMANCE 1. Fabrication. The Artist along with student artists and assistants shall complete the Work no later than six months after issuance of the Written Notice to Proceed from the Commission. 2. Design Review: Revisions to Proposed Work. Without limiting the City Council's or the Commission's approval rights as set forth in this Agreement: 2.1 Within thirty (30) days after the execution of this Agreement, the Artist shall, after consultation and collaboration with City and Commission personnel, prepare working drawings of the Work and the Site,together with such other graphic materials as may reasonably be requested by the City to carry out the structural design review of applicable statutes and ordinances. Upon request by the Artist, the City and Commission shall promptly furnish all available materials and information in connection with said submission. 2.2 The City and the Commission may require the Artist to make such revisions to the Proposal as are necessary for the Work to comply with applicable statutes, ordinances or regulations governing the project. 2.3 The City or the Commission may require revisions of the Work, pursuant to Section 1.3 of this Agreement. In the event the City desires to make material revisions to the Work, the City agrees to give the Artist reasonable notice of the proposed changes and the ability to comment on such proposed changes and the Work with the City for alternative modifications, provided, however, that the final determination as to any modification shall be made by the City in its sole discretion. 2.4 The Commission shall be given access to the Work during reasonable hours in order to view the Work and the Artist's progress with fabrication of it. The Commission shall have the right to approve and make changes to the Work to assure that it is reasonably identical in all material respects to the Proposal previously presented and approved by the Commission. 2.5 The Artist's fee may be equitably adjusted for any increase or decrease in the Artist's costs of, or time required for, performance of any revisions pursuant to this Section. Any claim of the Artist for adjustment under this paragraph must be presented to the Commission in writing within thirty (30) days after the date of the revision by the Artist. Any revision to the Artist's fee must be approved in writing by the Commission. Any increase in the Artist's fee must be approved by the City Council. 2.6 Within thirty (30) days after receipt of the Artist's revision, pursuant to this Section, the Commission shall notify the Artist of its approval or disapproval of such revisions. The Commission may require the Artist to submit additional revisions until such revisions are accepted by the Commission. Revisions made and accepted by the Commission pursuant to this Section become part of the proposal of the Work. ]EXHIBIT "C" 15 EXHIBIT "C" SCHEDULE OF PERFORMANCE 2.7 Within thirty(30) days following structural design review approval by the City, pursuant to Section 2 above, the Artist shall furnish to the Commission a schedule for completion of fabrication and installation of the Work. After approval of the schedule by the Commission, the Artist shall fabricate, transport, and install the Work in accordance with such schedule. Although the schedule may be amended by written agreement between the City and the Artist,it is agreed that the Work shall be fabricated and ready for placement within six (6) months after issuance of the Written Notice to Proceed. 2.8 The Artist shall present to the Commission, in writing, for further review,any"significant changes"in the scope,design, color, size,material, or texture of the Work not permitted by or not in substantial conformity with the accepted proposal. A "significant change" is: (a) any material change in the scope, design, color, size, material, texture, or agreed location of elements in the Work on the Site; (b) any material change in the Work that affects installation, scheduling, site preparation, or maintenance of the Work; or, (c) any change in the concept of the Work as represented in the accepted proposal. 3. Storage. Delivery and Installation 3.1 Prior to delivery and installation, the Artist shall notify the Commission in writing when the fabrication of the Work is completed and that the Artist is ready for delivery and installation of the Work at the Site. 3.2 The Artist, Student Artists, and Assistants shall deliver and install the completed Work at the Site in compliance with the Schedule approved pursuant to Section 2. 3.3 The Artist shall be responsible for all expenses and equipment to prepare the Site for timely installation. 3.4 No later than thirty (30) days after notification by the Artist to the Commission that the Work has been completed, the City shall designate a period in which the Work may be installed, timely fabrication and installation of the Work is an essential element of this Agreement. 3.5 If the period for installation designated by the City begins later than sixty (60) days after the Artist's notice that the Work is complete, the City will be responsible for the reasonable cost of storing and insuring the Work until the period for installation. 4. Arrangements for Access to the Site. Arrangements for access to the Site for installation shall be scheduled through the Commission and will not be granted unless all evidence of insurance has been provided. The Artist shall provide the Commission with a written list of workers,vehicles, and equipment which will be used in the installation of the Work at least ten (10) days in advance of the installation so that permits may be issued and security and traffic flow arrangements can be made. EXHIBIT "C" 16 EXHIBIT "D" FEE SCHEDULE 1. Fee. The Artist's total fee for fabrication and completion and installation of the Work, including all applicable taxes and all expenses relating thereto, whether or not identified in the budget attached hereto as Exhibit E and incorporated herein by reference (the"Budget") shall be THIRTY-THREE THOUSAND AND 00/100 DOLLARS ($33,000.00). The complete Fee is due and payable by the City when final invoice is submitted by the Artist and the Work is finally accepted in writing by the City Council. 2. Interim Payments. Subject to the Artist's obligation to repay any installation payment in the event this Agreement is terminated by reason of Artist's default, the City shall make payments to the Artist against the Artist's fee to assist the Artist with financing the completion of the work. The amount of the payments shall be made as follows: 2.1 Upon execution of this Agreement: THREE THOUSAND AND 00/100 Dollars ($3,000.00). 2.2 Upon receipt of evidence of insurance for all insurance requirements as specified by the City and working drawings of all elements in the Work, upon issuance by the City of the Written Notice to Proceed with fabrication and upon submission of a request for payment: SEVEN THOUSAND AND 00/100 Dollars ($7,000.00). 2.3 Following the Commission's inspection of the complete fabrication and painting of the elements of the Work(1/3 completion), documentation of the Work's progress by Student Artists, a model designating the siting of the elements at the Site, and a written request by the Artist for an interim payment: SIX THOUSAND AND 00/100 Dollars ($6,000.00). 2.4 Following the inspection of the Site by the Commission with footings and site preparation (landscaping) (2/3 completion), documentation of the Work's progress by Student Artists, and receipt of the Artist's request for interim payment: FIVE THOUSAND AND 00/100 Dollars ($5,000.00). 2.5 Following (a) submission of the Artist's final report and documentation of fabrication, (b) the Commission's determination that fabrication of the Work has been completed and installed, (c) review, approval, and acceptance of the Work by the Commission, (d) receipt of documentation that all suppliers have been paid, (e) request for final payment, and (1) final acceptance by City Council, Twelve Thousand and 00/100 Dollars ($12,000.00). 2.6 The Artist shall keep an itemized record of, and turn in receipts for, the expenses listed in the Budget under Materials, Supplies and Equipment. Should Materials, Supplies and Equipment cost less than the $11,650 listed in the Budget, the final payment will be reduced by the amount of the savings. In addition, should the Landscaping and Lighting cost less than the $6,000 listed in the Budget, the final payment will be reduced further by the amount saved on those items. 2.7 All payments shall be made payable to James Jared Taylor, III 2.8 The City agrees to pay all amounts due within thirty (30) days of the satisfaction of the conditions therefor. EXHIBIT "D" 17 EXHIBIT "D" FEE SCHEDULE 3. Effect of Approval for Interim Payment. Approval of Work to permit interim payments is solely for the benefit of the Artist. Unless the approval of the Work for interim payments is in the form of a Motion by the Commission, the approval does not constitute acceptance or approval of the Work by the City nor shall it be construed as a waiver of the City's right to require that the Work conform to the Proposal. 4. Final Acceptance The Work shall be finally accepted when: 4.1 The Commission shall pass a Motion finding: (a) that the Work conforms to the Proposal and specifications set forth hereof, or to any modifications thereof approved by the Commission, (b) that the Artist completed the Work at the Site on a timely basis, (c) that the Artist is in substantial compliance with the other terms of this Agreement which the Commission has not waived. 4.2 The City Council shall pass a motion accepting the Work, thereby allowing release of final payment to the Artist, EXHIBIT "D" 18 1h • • EXHIBIT"E" BUDGET Materials Supplies and Equipment Steel (Scheu Steel) $2,200.00 uanti Dimensions 10 3/16"X 4'X 8' sheet 1 1/z"X 12.0'X 24" flat 2 1/z" X12.0'X6" flat 2 1/4"X 20.0'X 24" flat 1 4" X 4"X 3/16" angel at 20.0' - Pipe at varying lengths and dimensions 1 W 4 X 13 I-Beam cut at 10.0' (take drop) 2 4"X 4"X 1/4" wall tubing, cut at 9.0' each 2 4"X 4" X 1/4" wall tubing cut at 8.0' each 1 1/2"X 3" flat cut at 20.0" Cutting and shearing, special rolling and bending. Bolts and Fasteners (Whitecap, Lanco) $200.00 7/8" Anchor bolts and fasteners Footings and Form Work $3,000.00 Concrete (Desert Mobile) Re-Bar Wood Forms Painting (Decatrend) $2,000.00 Various Colors of DIM Acrylic Paint (Gallons) Brushes, Rollers, Power Painter, Masks Plastic drop cloths, Masking tape, Buckets and Pans Welding Equipment Supplies and Safety Equipment $2,000.00 (Air Liquid with school/student discount) Oxy/Acetylene Rig, Welding Rods (7018, 6013), 7" Makita Grinder, 5" Makita Grinder (2) Abrasives (expendable grinding and sanding discs) Face shields (10), Welding Masks (4), Welding Gloves (4 pairs), Welding Aprons (2), Welding Jackets (4), Slag hammers (2), Clamps, Oxy/Acet Goggles, Safety Goggles (12), Ear plugs Flatbed Truck $250.00 (US Rentals) Crane and Rigging $1,500.00 (Prices' Crane Service) Miscellaneous Tools and Materials $500.00 (Builder's Supply) Shovels, Lumber, Work Gloves, Tarpaulins, Duct Tape Hammers, Nails, Screws and Fasteners, Casters, Garden Hose TOTAL MATERIALS, SUPPLIES AND EQUIPMENT $11,650 EXHIBIT"E" 19 EXHIBIT"E" BUDGET Insurance Liability Insurance (SPARTA Program) $850.00 Insurance on Artwork (Daniels Insurance) $1,000.00 TOTALINSURANCE $1850 Drawings and Plans (including plan check) $1,000.00 Inspections $500.00 Non-continuous Welding Inspections (John Tandy) TOTAL DRAWINGS,PLANS, INSPECTIONS $1500 Lim $4,000.00 In-ground Composite Luminares (Rhino Lite) Concrete Footings and Wiring Landscaping $2,000.00 Removal of Turf and Sprinklers Gravel TOTAL LIGHTING AND LANDSCAPING $6,000 Artist stipend Artist James J. Taylor, III $12,000.00 TOTAL ARTIST STIPEND $12,000 TOTAL FEE DUE ARTIST $33,000 EXHIBIT"E" 20 EXHIBIT "F" BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT is made as of ,from Jaraes Jared Taylor,III("Seller"),to the CITY OF PALM SPRINGS, a municipal corporation ("Buyer"). That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Commission of Public Art Work dated ,1999 between Buyer and Seller (the "Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain Work created by Seller entitled " "(the"Property'),including all right, title and interest therein, and copyrights thereto. Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such personal property,and that Seller had good right to sell the same as aforesaid and will warrant and defend the title thereto unto buyer, its successors, subsidiaries, parent corporations, affiliates and loan participant. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. ARTIST James Jared Taylor, III FXHIBIT "F" 21 n V' James Jared Taylor, III 1866 Jacques Rd, g�S� C Palm Springs, CA 92262 Ms. Diane Morgan May 27, 1999 Public Arts Commission City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 Dear Diane: This letter is to confirm that I have no employees in the State of California and,therefore, request a waiver of the Workers' Comp requirement in the Artist/City Agreement for creation of the sculptures at Demuth Park. Sinc 4DemuthPa ist, pture Project- "Nines and Elevens" � � q J 0 MAY-21. 1999 12:40P �. 1`10.297 P.1 (i - w • M V LD , (,d -�Q BINDER Fun INSURANCE,- �CalifomlaCasualtylndanvlitii Exchange CICalifomla Casualty lnadranceCo.❑Calitornei Casualty&FirelnsuranceCompeny Urlo nidCasualtyGenerallnsu0gi;PCampany EFFECTIVE DATE AND TIME EXPIRATION DATE AND TIME DATE: ElAt 12:(11 a.m.on the 60111 day f011Owing the Effective Date. TIME ❑ AM ❑ PM C Date: at 12:01 a.m.but in no event later than the 60th day following the Effective Date Insurance under this binder Is limited to the coverages and limits apecriled and is sub*1 to all terms and conditions or tha Company's sbrldard polloy This Inaurarre will cease on the "plfallon date UNION we IS5ue a p0licyfor the came careragesand limb of Debility to replactthis binder.or upon not1flca4on dtatfhenskhae been dedined.A prerillurn will be charged lot the period ofemethle binder is in enact Ir no policy Is Issuedto replace me bindermcl accepted by thanamed lneured.The premlumcharge will be based upon the nµee and rules m usebyme Company on the dale this binder Is eaecbve. NAMED INSURED DE CRIPTION Or.:Pft0MtV OR I N _ i11 .�C c?ci�wz/9 .zs� v PM110fliMSURANCE PROPERTY INSURANCE POLIC — PO CY 0 BODILY INJURY EACHP RSON ' EACH OCCURR��EN\CE DWELLING t-- a UNINSURED MOTORIST EACH P RSON EACH t:URR E E PERSONAL PROPERTY s 3a crime a d" - UNINSURED MOTORIST EACH PERSONAL LIABILITY PROPERTY DAMAGE OCCURRENCE S S PROPERTY DAMAGE EACH MEDICALPAYMENTS EACH PERSON EACH OCCURRI NCE OCCURRENCE S $ $ MEDICAL PAYMENTS EACH POLICY FORM PERSON frTCT"1 $ PERSONAL EACHOf LOAN NUMBER INJURY PROTECTION PERSON COMPREHENSIVE VEHa LE e, VEWLE e2 VEHICLE as ESCROW NUMBER b DED. S_DED. S DED. VEHICLE at VEHICLES VEN1C e3 COLLISION 1 DEDUCTIBLE S_._.�DED. 'S DED. S— DED, TOWING 6 UNLIMITED PREMIUM PAID BY INSURED ❑ MORTGAGEE ❑ ROAD SERVICE S ACV=Actual Cash Value DFO.y Deductible IV POLICY PREMIUM$ FOR HO CLOSIN FIR�S�T YEAR PREMIUM PAID IN CLOSING. Calliksmla Casualty Manageirmirl Co.—Au"laad Rap ow-U.- "- - •""'^'Dab EMEE QQM2KfN5UjEQ,' RT LPAYEE AL ' e _ M-s+nr55 f gA31, MAY-24-1999 15:23 11UH I C I PAL I TY INS.SERV. IMC 714 641 6923 P.Oi C*IFICATE OF INSURANCE* Page 1 of 1 Named Insured Public Entity JatdM Taybr DBA-Common Grounds Ironwork 1 City Of Palm Springs PO ft 2882 r s Y JYy��y}�ry`V� Atin Nancy McIntosh Palm Spinlgs,CA 92283 C1 320D E.Tahqurra Canyon Way Palm Springa,CA=62 . cartlficats.TArm U8ri4199 to o9f3ol99 Certiflcate PS9"0010 Coverage Commercial General Uability-Hazard:I[I IA(I. 11[XI III I I Contract No: TBD Contract Value: $33,000 QontraCt Period: D521199 to 09/30/99 Ineurencw rlarrinr Fsamr Insurance Company Master Policy Number.3CS5770 Master Policy Effective Date: IMI/97 to Expiration Limits 31,0110,000%enoral Aggregate/;1,000,000 each occurrancerS I,000,000 pm dut2WCar Isla d rp OpaiarrorW41,000,000 Personal8 Advertising Injury/W,ODD Fire Damage,Medical Payments Excluded Deductibles S1,500 BI 6 PD Per Claimant Including Loss Adjustment Expense $ 795.00 Premium 0.00 Certificale,Fee (Fully Earned) 50.00 Mier 23.W State Tax - 3.0% 2.78 Stamp Fee . 0.359% $ 871.63 Total Premdum Terms and Conditions 1.No Flat Cantx:IWbons Akwmd ?-Operations and Rating Based: Classroom Exposure, 7 sculptures created by the Artist,Instructors 612 Students, Work cede is the Patin Springs High School WekUng Shop. 3.Comractual on a I-Imhed Form. 4.Additional Insured(s):Palm Springs Unified School District,333 S.Farrell Dr.,P.S.,CA 92262 5.Oepartment Public Arts Commission/City of Patin Springs SPARTA Program. Exclusions Per the Master Policy,a copy is available by written request to:Municipality Insurance Services,Inc.,1670 Brookhollow Drive,since 200,Santa Ana,CA 92706. The Insurance afforded under the specified policy above is subject to all the terms,conditions and exclusions Of such policy.(A copy of the polity is available upon written request.) . This ooverage applies only to the cardractor,vandor or event noted above and does not extend to any other activities or wont parfomed by the holder. MUNIQIPALrrY IN3l1nANCC SERYIQE6JNQ.,should be notified fit.oncdof any claim adsing from your operation.Call 1- 00,4204.145 and o dams representative vv l assist you in the reporting process. Coverage is primary and not COntributing with any insurance maintained by the above public entity.The limits of insurance apply separately to each oonzractor.venaw or event Insured by this policy as If a separate Puliey of kmu,afuke had bean Issued for that corrbactorrvendor or event. It morn then one Named Insured is insured for any one contractorvendor or event it N1ll not increase the total limns of liability available for that eorltraaor vendor or event Authorized Representative: ,cP Munlclpallty Ineuranco services,Inc, P.Q.13"29132 Santa Are CA 027a94133 (7114)641-1030 (arm)420-0ed6 Fax(714)$41.4063 (BOD)3184M Licence No.0004849 TOTAL P.01 r9R'Y-25-1999 14:18 PSUSD 760 770 8568 P.02 • • FINE ARTS P.ISK MANAGEMENT, INC. A MEYbER Ot THE NEAR NORTH NATIONAL GROUP ICAO CD nwv PARC EAST To 8wRd-66A2 SUITBItoo Ps 310RJ504102 LOS ANMES.CALIPOPI14 9OJfiT' E"T. (a"^m Cart+ EVIDENCE 01=GOVFAAGE POLICY NO. CFA 20 30 74 Nordstern Insurance Company of America This is ro confirm that we have obtained, in accor&nnce with your request,the following insurance with Underwriters at Nordstern Insurance Company of America: TYPE: Coverage for Physical Loss and/or Damage, Museum Exhibitions Collections Insurance, FORM: Agreed Wording,as on file with Fine Arts Risk Management,Inc.. ASSURED_ James Jared Taylor M 1866 Jacques Road Palm Springs, California 92262; PERIOD: May 21, 1999 to September 30, 1999 at 12,01 a.m.,local standard time, INTEREST- All items included in the sctdptu re installation entitled `times and tlevens7 to be constructed on the pretnisa of Palm Springs Nigh School,Palm Springs , California and then transported to and installed at the entry walkway to the Vvillianis Pavilion in Demuth Park,Paim springs.California SLIM INSURED: S33,000 sum insured as per schedule of objects included in the above-&xribed object(s); While in fabrication at Pahn Springs High School, while in one-way transit to the above-described site at Demuth Park, Palm Springs, California, and following installation at that site until September 31. 1999 at 12:01 a.m. CONDMONS! Exclusions under this policy arc weir and tear,gradual deterioration, inherent vice, damage sustained due to or resulting from any repairing, restoration or retouching process; nuclear reutioa; war, vandalism or malicious mischief to the object(s) described following installation of same at Demuth Park Palm Springs, California, until termination of this policy coverage. of Loss to be wade to Fine Airs Risk Management,Inc. ]ter conditions and exclusions as per policy. May 21, 19" By (LC ✓AL�hYts-� Victoria France Vice President CH-CACQ rLLL.s HOus Tow Lowow- LOS AYO*LEt NE- va,.. T.W-A wAo«...c*OM PC TJTRL P.02 COTIFICATE OF INS URANCO Page 1 of 1 Named Insured: Public Entity: James Taylor DBA:Common Grounds Ironwork / ��A SPFi'0 City of Palm Springs �, PO Box 2882 Attm Nancy McIntosh 4, Palm Springs,CA 92263 3200 E.Tahquitz Canyon Way O ; Palm Springs, CA 92262 '�y i�Y yi `c✓ Q Certificate Term 09/30/99 to 10/30/99 Certificate# 'PS98-00012 Coverage SPARTA INSURANCE PROGRAM:Commercial General Liability-Hazard: I[] IA[] II[X] III[] Contract No: N/A Contract Value:$30,000 P �� s Coverage Period:9/30/99 to 10/30/99 Insurance Carrier: Essex Insurance Company Master Policy Number:3CC5583 Master Policy Effective Date: 12/01/98 to Expiration Limits $2,000,000 General Aggregate/$1,000,000 each occurrence/$1,000,000 Products/Completed Operations/$1,000,000 Personal& Advertising Injury/$50,000 Fire Damage,Medical Payments Excluded Deductibles $1,000 BI&PD Per Claimant Including Loss Adjustment Expense $ 80.00 Premium 50.00 Certificate Fee (Fully Earned) 2.40 State Tax - 3.0% 0.28 Stamp Fee - 0.350% $ 132.68 Total Premium Terms and Conditions 1.No Cancellations Allowed 2.Operations and Rating Based:Classroom exposure. EXTENS1014#1 OF PS98-00010 3.Contractual on a Limited Form. NO PROFESSIONAL LIABILITY COVERAGE PROVIDED. ' 4.Additional Insured(s), Palm Springs Unified School Dist 5.Department Public Art Commission. Exclusions Per the Master Policy,a copy is available by written request to:Municipality Insurance Services, Inc,2100 East 4th Street,Second Floor,Santa Ana,CA 92705. The Insurance afforded under the specified policy above is subject to all the terms,conditions and exclusions of such policy. (A copy of the policy is available upon written request.) This coverage applies only to the contractor,vendor or event noted above and does not extend to any other activities or work performed by the holder. MUNICIPALITY INSURANCE SERVICES,INC.,should be notified at once of any claim arising from your operation.Call 1-800-420-0555 and a claims representative will assist you in the reporting process Coverage is primary and not contributing with any insurance maintained by the above public entity.The limits of insurance apply separately to each contractor,vendor or event insured by this policy as if a separate policy of insurance had been issued for that contractor,vendor or event. If more than one Named Insured is insured for any one contractor,vendor or event it will not increase the total limits of liability available for that contractor,vendor or event. Authorized Representative: �<P M ici vie , I �— P.O.Box 25133 Santa Ana CA 92799-5133 (714)550-5040 (800)420-0555 Fax(714)550-5044 License No.0004849