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HomeMy WebLinkAboutA3737 - RICHARD WYATT HIGHLAND UNITY CTR MO 5851 Richard Wyatt, Artist • Public Art Work - Desert Highland Unity Center AGREEMENT #3737 M05851, 11-20-96 AGREEMENT FOR COMMISSION OF PUBLIC ART WORK THIS AGREEMENT FOR COMMISSION OF PUBLIC ART WORK ( "Agree- ment") is entered into this J� "d day of j �✓G�i� , 199�, by and between the, CITY OF PALM SPRINGS, a municipal corporation (the "City") , acting by and through its Public Arts Commission (the "Commission") and RICHARD WYATT, (the "Artist") . RECITALS A. The City is implementing a public arts program pursu- ant 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 mural 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 September 12, 1996 and reviewed by the City Council on October 9, 1996 acting through the pro- cedures duly adopted by the City and the Commission for the design, execution, fabrication and installation of certain public art work (the "Work") , in a public space located on the exterior South wall of the gymnasium at the Desert Highland Unity Center as more particularly depicted on Exhibit "B" attached hereto (the "Site") . D. The Artist is a recognized professional artist, and; the City acknowledges sufficient familiarity with the style and quality of the Work of the Artist, and; the City desires the Artist to create a Work in the Artist ' s unique style . NOW, THEREFORE, the City and the Artist, for the con- sideration 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 Completion of Work of Art . The Artist shall fabricate the Work or cause it to be fabricated on the Site, under the Artist 's personal su- pervision, in conformity with the Proposal . The Work shall not deviate in size, design or material from the Proposal except for the addition of faces of varied ethnic background to be recommended by the Desert High- land Community and whose depiction shall be approved by the Commission. The Artist is responsible for the fabrication of the Work at the Site, and for all expenses associated with the fabrication of such Work except for expenses for compensation for student workers' hired by the City (as specified in Exhibit "D") as apprentices to assist the Artist with comp et�ion of the Work. 1 i 1 . 2 Consultat:ions and Deviations from Proposal . The parties agree to cooperate and consult c ose y uring fabrication of the Work to complete the Work in accor- dance with the Proposal . The Artist will present design changes to the Commission for its approval and accep- tance . 1 . 3 Modifications . The City shall have the right, prior to the acceptance of the Work, to request modifi- cations 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 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 t e Wor 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, Models All studies, draw- ings, designs, and mod e s prepared an 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 t�ecees set forth on the attached Exhibit"C" in accordance with the time frames provided therein ( Few'e Schedule") S . 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, omis- sions 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, pro- vided 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, 2 n ��. Lam• 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 arising 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 em- ployees harmless therefrom; 5 . 3 In the event the City, its officers, agents, representatives, or employees are made a party to any ac- tion or proceeding filed or prosecuted against Artist for such damages or other claims arising out of or in con- nection with negligent performance of or failure to perform the Work, operation or activities of Artist hereunder, Artist agrees to pay to the City, its offi- cers, 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 . 6. Artists ' Warranties/Waivers . 6 . 1 Defects in Materials or Workmanship and Inher- ent Vice . T e— A t warrants that the Work wi 1 be free o de—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 Title . The Artist warrants that the Work is the result of tFe 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 . 3 Unique. The Artist warrants that the Work is unique and no other ;such mural 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 commissioned pursuant to this Agreement . 3 f This warranty and covenant shall be binding on the Artist ' s heirs and assigns . 6 . 4 Waiver . Due to the nature of the Work and the Site on whichit 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 per orf manse 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 com- ' mencement of such delay notify the Commission 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. 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 appro- priate 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 party in writing of the breach and the facts giving rise thereto. The injured party shall continue performing it obligations hereunder so long as the 4 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 party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance 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 construed as a waiver. A party' s consent to or approval of any act by the other party requiring the - party' s consent or approval shall not be deemed to waive or render unnecessary the other party' s consent to or approval of any subsequent act . Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement . 9 . 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 pre- clude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9. 5 Legal Action. In addition to any other rights or remedies, either party 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 con- sistent with the purposes of this Agreement . 5 0 9 . 6 Termination for Default of Artist . The City shall have the re riight 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 requirements of Section 9 . 1 above . Artist shall have the right to terminate this agreement in the event the City is more than thirty (30) days late in making any payment due pursuant to Exhibit "C" (Progress Payments) . 9 . 6 Attorneys ' Fees . If either party to this Agreement is required toinitiate 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 satis- factory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 10 . 1 Comprehensive General Liability Insurance . A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLLARS ($1, 000, 000 . 00) combined single limit . 10 . 2 Workers ' Compensation Insurance . A policy of workers ' compe— n on 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 6 a letter to the City Risk Manager so stating, this provision may be waived. 10 . 3 Automotive Insurance. A policy of comprehen- sive 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 THOU- SAND DOLLARS ($250, 000 . 00) per person and FIVE HUNDRED THOUSAND DOLLARS ($500, 000 . 00) per occurrence and prop- erty damage liability limits of ONE 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-ruin the amount of not less than TWENTY THOUSAND DOLLARS ($20, 000 . 00) and a deduct- ible not to exceed ONE THOUSAND DOLLARS ($1, 000 . 000) 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 . 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 evi- dence 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 Man- 7 ager 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) days 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 de- livering the Bill of Sale in the form attached hereto as Exhibit "E" ("Bill of Sale") . The Artist bears the r — 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 Of- fice, and the Artist shall provide the City with a copy of the application for registration. The City' s share in the copyright of the Work shall be transferred to the City by the Bill of Sale . 11 . 2 Joint Copyright . Copyright in the Work will be owne3 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 jointly by the City and the Artist and no further use of the copyright will be made by the Artist or the City without the written consent of the other, which consent will not be reasonably withheld. If the Artist desires to sell, assign or otherwise transfer the joint right to copyright of the Work, the Artist will do so only upon receipt of the written consent of the City, which consent will not be unreasonably withheld. 11 . 3 Reproductions by City Notwithstanding the limitations in Section 11 2 above, the City has the right (without the consent of Artist) to repro- duce and distribute in printed form educational materials and brochures advertising or promoting the City or any other literature of the City, pho- tographs, realistic renderings, videotapes or films of the Work (as installed and formally accepted by the City. No royalty shall be due and payable by the City to the Artist for such reproductions and use of the images of the Work for promotional purposes . Such reproductions and use of the images of the Work for publicity and promotion shall, to the extent reasonbly possible and appropriate, give reference to the name of the Artist . 8 11 . 4 Reproductions by Artist . The City agrees that the Artist shall have the right (without the prior consent of the City) to repro- duce 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 ac- cepted by the City. No royalty shall be due and payable by the Artist for such reproductions and use of the images of the Work for promotional purposes . Such reproductions and use of the images of the Work for publicity, promotion and educa- tional purposes shall, to the extent reasonably possible and appropriate, 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 Artist shall receive authorship credit in connection with the Work, in the following form: Copyright, Richard Wyatt and City of Palm Springs, All Rights Reserved, 1997 . 12 . 3 City ' s Credit . The Artist agrees that all formal references to t inWork 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 consu-1-t—w-i-t-F 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 re�rence to the Work or reproduce the Work or any portion thereof in a way which reflects discredit on the City of the Work. 16 . No Assignment. or Transfer. The personal skill, judgment an creativity o the Artist is an essential ele- ment of this Agreement . Therefore, the Artist shall not voluntarily or involuntarily assign, convey, subcontract, hy- 9 pothecate, 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 stat- utes, ordinances or regulations governing the project . Artist acknowledges (i) that Labor Code Section 1771 may require the payment of prevailing wages and (ii) the Pub- lic 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 sh�l have any financial interest, direct or indirect, in this Agreement nor shall any such officer, representative or employee participate in any deci- sion relating to the Agreement which effects his or her finan- cial 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 Art- ist 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 . 19 . Covenant Against Discrimination. Artist covenants that, by an or 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 10 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 . 22 . Licenses, Permits and Fees . Artist shall obtain at its sole cost and expense suc icenses, 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 party shall be responsible for the services of the other. 24 . Commission. The Commission shall be the City' s designate -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 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: 11 J� �J To Artist : Mr. Richard Wyatt 5649 West Jefferson Blvd. Los Angeles, California 90016 (213) 934-7337 To Commission: City of Palm Springs Public Arts Commission P. O. Box 2743 Palm Springs, CA 92263-2743 Attn: Ms . Diane Morgan (619) 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 couni:erparts, 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 . IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. ARTIST RICHAR WYATT 545-06-5004 (Artist ' s Social Security Number) ATTEST: CITY O�FM_S.PRINGS a mipal corpoty i n 7 By. .. / By . amity Clerk City Mana-Zre5r APPROVED AS TO FORM: APPROVED BY THE MY CC)UNCIL /73 d_) 12 EXHIBIT "A" WORK SPECIFICATIONS AND SCHEDULE OF PERFORMANCE Artist will create a thirteen (13) foot by eighty-eight (88) foot acrylic mural on the exterior South wall of the gymnasium at the Desert Highland Unity Center. The mural will be a replica of the Proposal. approved by the Commission on September 12, 1996 and reviewed by the City Council on October 9, 1996 with the exception of the addition or substitution of other ethnic figures representative of the Desert Highland Community as suggested by the citizens of such community. The faces reproduced in the mural will be a "sampling of senior citizens, young adults and youths who utilize this gathering place . These changes shall be submitted to the Commission for approval prior to commencement of the application of the full- sized mural on the wall of the Desert Highland Unity Center. The mural will be painted directly on the wall of the Desert Highland Unity Center building by the artist with the assistance of student apprentice painters to be selected by the Artist . Apprentice painters will work on such aspects as design transfer, underpai.nting, mixing colors and detailed design painting such as textile patterns . The Artist will act as a role model for the youth involved providing tangible work skill, training in teamwork and development of community pride. SCHEDULE OF PERFORMANCE 1 . Fabrication. The Artist shall complete the Work no later than six mont s after issuance of the written Notice to Proceed from the Commission. Artist' s workweek schedule will generally run Monday through Friday from 10 : 00 A.M. to 6 : 00 P.M. and Saturdays as required. 2 . Design Review; Revisions to Proposed Work. Without limiting the City Council ' s or the Commission' s approval rights as set forth in the Agreement : 2 . 1 Within 30 days after execution of this Agree- ment, the Artist shall submit to the Commission detailed working drawings depicting any changes to the Proposal as requested by the Commission. 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 stat- utes, ordinances or regulations governing the project . 2 . 3 The City or the Commission may require revi- sions of the Work pursuant to Section 1 . 3 of the Agree- ment . In the event City desires to make material revi- sions to the Work, the City agrees to give Artist 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 make by City in it sole discretion. 13 d 3 . Workshops . Within 30 days after execution of this Agreement, the Artist shall submit to the Commission a Com- munity workshop schedule . Artist shall participate in a minimum of two (2) Workshops will include the following: 3 . 1 An introduction of the Artists' work to the community in the form of a slide presentation and lec- ture . 3 . 2 Information sheets about the project to be distributed to the youth. 3 . 3 A series of painting and drawing exercises which will include basic color theory, the use of various brush sizes, paint manipulation and design transfer techniques . EXHIBIT "A" 14 { I I Sr ". .r '� ' rt � V �r� I.P J li 1' x t 6 nrx t9. { 5 �^` In ." 1, r, 1r k}t ow„Sf�r�4e ftvJr„ Ix lx�ti ,5° a s�,. 'J, � .• ` � C{ I , �sa ` \,1 h + i I Y 44, ry r, I',t4 rrIr F r T R t 1. ',tom° to r f°rr.+.y ." .. _ •- x•. /lj t 1JIf t��s, ,i ,,:�. ., [e „ ,r:.r .•'?,;.t a .r•:�, ,. °' ml, � , CIS" It 1-4 ol y j', I„1"�r I 5 'J'I). r • _ �. � T ter''''''Ij 1i to � ' F1 \ l �T I I , ,�i�1,ky;� J .k P I S. 'fir �„• t�4eA V�'Y n Y:. r r' i�fr is I�#bs i4 �fl 1 1 yr � �, � YI `+,�,� ', �1 `•� 1 [ \�'�- 11 / �yt � f'�r r r'.,+ s. / `F� fdR4t�4. ',:, {Iu1 ` yl� r,!'�- ° y✓( )'% '"� '.' r n vl l / L4 V•V r itr.v 1I r . f ry t , •� �• .. d - .•t x etr It I. f [ t �p, �,� •�CrV'' I ♦y r —' -- a .L- `_ A �"5„ � 1 r y� Yo ,. u. ra11.� ♦1 iK Yta.ler, . iJI ��:n 'r "�A •>• �• I O •, r r �^ t 'c, 1 I r 'C + - I, t U1 ❑ 1 '`�: .I..., 1 � .,., �Y /(/ 1 "'// '� ot- It It It I r .1.`4 ri � 11! �Y'„CY�1 f t � v „ '` ,4 \ v \ II. 5, �•'� 4,r '. tr 1 ' ` I „ a Ir y�,.. . U ,r 1A,5,?rl �'C I S�' u „r r \ \\. I \ ' � '• - f 4 + 1 rl yl e :14 r - f �,T 1 Y �. pE5 ElZ i Na GN lAN-D UN 17y CENT G`IM NHS I UM (SO UTN�WA�L) - y S O U T H .. �4l � OtI I EXHIBIT "C" PROGRESS PAYMENTS 1 . Fee . the Artist' s total fee for fabrication and com- pletion of the Work, including all applicable taxes and all expenses relating thereto, whether or not identified in the itemization of expenses included in the Proposal shall be FOURTEEN THOUSAND SEVEN HUNDRED AND FIFTY-FIVE DOLLARS ($14 , 755 . 00) ( "Fee") . Student apprentices will be paid sepa- rately out of the Public Arts Fund as temporary City employ- ees . 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 Commission. 2 . Interim Payments . Subject to the Artist' s obligation to repay any installment payment in the event this Agreement is terminated by reason of Artist' s default, the City shall make payments to the Artist against the 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 the Agreement : TWO THOU- SAND TWO HUNDRED FIFTY DOLLARS ($2, 250 . 00) . 2 . 2 Upon completion of design review, issuance by City of the written Notice to Proceed with fabrication and submission of a request for payment : TWO THOUSAND DOLLARS TWO HUNDRED FIFTY ($2, 250 . 00) . 2 . 3 Following the Commission' s determination that the Work has been one-third (1/3) completed and receipt of Artist ' s written request for an interim payment : TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2, 250 . 00) . 2 . 4 Following the Commission 's determination that the Work has been two thirds (2/3) completed and receipt of Artist ' s written request for an interim payment : TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2, 250 . 00) . 2 . 5 Following (a) the Commission' s final determina- tion that fabrication of the Work has been completed, (b) submission of the Artist' s report on fabrication, (c) review and approval of the Work by the City Council and Commission, (d) final acceptance by the City Council and Commission, (e) request for final payment : FIVE THOUSAND SEVEN HUNDRED AND FIFTY-FIVE DOLLARS . ($5755. 00) . 2 . 6 All payments shall be made payable to Richard Wyatt . 2 . 7 The City agrees to pay all amounts due within two (2) weeks of receipt of notice . It is understood that delay of payment may, proportionately extend the time required to complete the Work . 3 . Effect of Approval for Interim Payment . Approval of Work to permit an interim payment is solely for the benefit of the Artist . Unless the approval of the Work 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 17 1� LJe i t► 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 ac- cepted when the City Council passes a motion finding: 4 . 1 That the Work conforms to the proposal and specifications set forth hereof, or to any modifications thereof approved by the Commission; 4 . 2 That the Artist completed the Work at the site on a timely basis; and 4 . 3 That the Artist is in substantial compliance with the other terms of this Agreement which the Com- mission has not waived. EXHIBIT "C" 18 ]EXHIBIT "D" STUDENT APPRENTICE SELECTION PROCESS AND COMPENSATION 1 . Student Apprentice Review and Selection Process . Artist-led community workshops will provide the Artist with the opportunity to observe potential apprentices working under conditions similar to actual in-field mural painting. A maximum of 20 students will be selected. Four to five students per painting session are considered by the Artist to be the best number of students to maintain quality control . If as many as 20 students qualify to work on the mural they will be divided into groups of four or five and work on alternate days . Students will be required to fill out an application through the City and will be hired by the City as "Temporary Student Workers" . Students for hire will be selected by the Artist and approved by the Arts Administrator. Any changes in the roster of selected students must be ap- proved by the Arts Administrator. 2 . Student Work Schedule . A proposed student work schedule will e provide to the Commission after the Student Apprentices have been selected and prior to commencement of the painting of the mural . The Schedule will give the names of the students and the hours to be worked. The Artist will maintain records of student attendance and the hours worked for bi-weekly timecards which must be filled out, signed by the Student, the Artist and the Arts Administrator and turned into the City payroll department . Checks to students will be issued in accordance with the City' s regular payroll payment schedule . 3 . Student Compensation. Student apprentices will be compensated at a pay rate of FIVE AND 50/100 DOLLARS ($5 . 50) per hour . Payment of student salaries will be made from the Public Arts Fund. FIVE THOUSAND DOLLARS ($5, 000 . 00) shall be allocated from the Public Arts Fund for payment of student salaries . Should additional hours be necessary to complete the student portion of the mural the Artist shall submit in writing to the Commission a request for additional funding for student salaries . Any additional funding for student salaries must be approved in writing by the Commis- sion. 4 . Insurance . As temporary employees of the City, students wil e covered under the regular insurance provi- sions provided to temporary City employees . EXHIBIT "D" 19 EXHIBIT "E" BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT is made as of 1997 from Richard Wyatt ("Sell- er") , 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 , 1997 between Buyer and Seller (the "Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain mural created by Seller entitled " " (the "Property") , including ding its half of all right, title and interest therein, including, without limitation, the shared and joint copyright as specified in Section 11 of the Purchase Agreement . 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 succes- sors, subsidiaries, parent corporations, affiliates and loan participant. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. RICHARD WYATT EXHIBIT "E" 20 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT is made as of. /fly 1998, from Richard Wyatt ("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 January 27, 1997 between Buyer and Seller (the 'Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain mural created by Seller entitled: 'Desert Highland Mural Project" (the 'Property"), including its half of all right, title and interest therein, including, without limitation, the shared and joint copyright as specified in Section I 1 of the Purchase Agreement. 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. RICHARD WYA'TT Desert Highland Mural Project City of Palm Springs Public Arts Commission Catalogue and Maintenance Record Artist: Richard Wyatt 5649 West Jefferson Blvd. Los Angeles, California 90016 (213) 934-7337 ART WOR]K/PROJECT INFORMATION 1. Location-Desert Highland Community Center 480 Tramview Palm Springs, California 92222 2. Title of work- 'Desert Highland Mural Project" 3. Dimensions - The mural is approximately 13 feet in height by 88 feet in length. 4. Medium/Materials - Novacolor acrylic paint (from Novacolor Artex Mfg. Co.). Protective coating - 111 S System (from Textured Coatings of America, Inc.). MAINTENANCE The mural is protected with a polyurethane coating system. This system should be washed once a year with a mild low pressure water rinse only. A wide dispersal nozzle setting should be used when rinsing surface. Do not use any cleaners, polishes, solvents or detergents when rinsing. This polyurethane coat should be inspected every five years and should be reapplied when normal deterioration of the coating begins to occur. This system is also designed to protect the mural from various weather conditions and it also cuts down ultra-violet rays exposure. VA Visual Arts UNITED STATESe COPYRIGHT OFFICE REGISTRATION NUMBER VA VAU EFFECTIVE DATE OF REGISTRATION Ithench Day Year DO NOT WRITE ABOVE THIS LINE.IF YOU NEED MORE SPACE,USE A SEPARATE CONTINUATION SHEET. 'T71 TITLE OF THIS WORK V NATURE OF THIS WORK V Sao Instructions 41CA"ND MUPLAI, VaP.)65- A cp-lu�-- PAjKmfJ6- PREVIOUS OR ALTERNATIVE TITLES V Publication as a Contribution If this work was published as a contribution to a periodical,serial,orcollection,give Information about the collective work in which he contribution appeared. Tine of Collective Work V Upublishedin R periodical arsenal give: VolumeV Number V IsappeNdav On Pages V I 11,011 e,I 1-111 Ix,t R,%1k,I I,I I X t",. 1 s1 1, Vt T�i,i . 44 1, e NAME OF AUTHOR V DATES OF BIRTH AND DEATH You Born V Ye Died V Ric-4,4w-D WYATr, Z12- Was this contribution to the work a Author's Nationality or Domicile Was This Author's Contribution to the Work work madr,for hire"I No.of Country Arkerancres? El Yes kN. If the co.,WrItti., NO-M [I Yes Chizenof II olow.'reduriel. OR pseudonymous' El Yes IV No �Yes,-seedretalledl Under the law, NN. tDouricibedi. Ile nametrao. the'author'of a"work made NATURE OF AUTHORSHIP Checkapproprine box(m). Sao instructions for hers"1a generally the El 3-Dimensional sculpture El Map 0 Technical drawing employer,not IK 2-Dimensional artwork 0 Photograph El Text the..Play.. (see nstfuc- 0 Reproduction of work of sit [I Jew.lry design 0 Architectural work !Ions).For any part of this work that was ' ese for hire' cruheck'Yes'In 15 NAME OF AUTHOR ♦V DATES OF BIRTH AND DEATH the space Y,-, Year Bom V Yew Died V provided,give "J the employer (or other Was;this contribution to the work a Author's Nationality or Donddle Was This Author's Contribution to the Work " person for . 11 Nam of Country 'I the prove,1.either whom the work work mile for hire Anonymous? El Yes El No of these quesploas Is was prepared) I'l Yes ORIC'd"'f le a.'Author"of Psetaklayinons? D Y. 0 No Re,;Noe deWled that part, ad El No Darmcilwi in II leave the spareordale. .-NATUREOVAU.TEIQRSHIP-CJbeckm�.p�areh..(es). See instructions of birth and death blank. El -Dimensional sculpture El I&P [I Technical drawing 0 2-Dimensional artwork 0 Photograph 0 Text EI Reproduction of work of art 0 Jewelry design El Architectural work gfi Deterred Nation of FirstPublicationf1plab;particular Work N, Year In Which Cripubui.1f This Work Was t"", "I -,I Completed This Information Completathi.mornation Mon1hIi,—DaYj,, —YeorrI" h AV Meet be given Lo" ONLY R title weak C113 8 —A Horan Allyper he.best.p.1,11.1tard. W,M M'111a_4,el=i1lld.111111.1 Nil Ili, `KT.os.fts"UIUM"I'le"All'111.=Es.%0IS4,111M, QlNelw,'W COPYRIGHT CLAIMANT(S)Name and address most be given even if the claicanat is the same,as the APPLICATION RECEIVED p author given in space 2.V 0— LT-1 0or 'PAL.14 :$fpg�IN&-S ONE DEPOSIT RECEIVED IV, Anw VIANG 140"A^) as San Instruction 7, 1 FP* N TWO DEPOSITS RECEIVED before comptat ALmloi ck 12/ -7 q_SP ailljie.!; _A ge) w Transfer If the clainidu(s)named here in space 4 is(are)different train the author(s)armed in space 2.give. hD brief statement of how the claimants)obtained ownership of the copyright.V FUNDS RECEIVED 1997 MORE ON BACK le •Complete all applicable spaces(aunnera 5-9)on the reverse$aid of IhIs page. DO NOT WRITE HERE •Soo printed Instrualons, •ftn the Conn at line il. page 1 of— peg., EXAMINED BY FORM VA CHECKED BY ❑CORRESPONDENCE FOR Yes COPYRIGHT OFFICE ., ... USE ONLY DO NOT WRITE ABOVE THIS LINE IF YOU NEED MORE SPACE,USE',A SEPARATE CONTINUATION SHEET. rnxor,,ewsrar�ns PREVIOUS REGISTRATION Has registration for this work or for an earlier version of Us work already been made in the Copyright ORrn? ❑Ya A'(No If your answer is"Yes,"why is ano theriegisuadan being sought?(Checkappmpriate box.) a. ❑This is the frntpublished edition of aworkpnwiouslyngistered in unpublished form. b.O'@is is We full Applicatio n submitted by this auihoras copyright claimant. e. ❑Ibis is a changed venionof the work as drown by space 6 on this application Ifyourmswer is"Yes,"give:Privlooa Registration Number Yar d'Registradw♦ v.�aacanusrradausxsnsmu-ruarera.raurrraw DERIVATIVE WORK OR COMPILATION Complee bah space 6a and a based fora incor due work;complete only 6b for a compilaUoa a.I'rrraisd�Material Identify any preexisting work or works that this work is based w m ivcorponles.♦ 1 fiV! 3oa Imtmdlwa bdom completing' p b spa« b.Material Added to 7LIe Wary Give a brief,general statement of We material that has been added m this wort and in whirl copyright is chimed. b ranweavwaaauw.wsm'm.'nv+a!Q Max DEPO.SITACCOUNT If the registndon fee is to be chaiged to aDpostA«wet established in to Copyright Office,give name and comber of Account, - NameY A«oaot Number V' a CORRESPONDENCE Give name and address to which mmspondence about this application should be,sehh Neme/AdFimFs/Apt1City/Smm0P C I" of ?ALM SPe/h*-S AtTIX '1>tANE MoR.GAn1 P. O. sox S143 PAL H s?erNGs, IZA 9zz63p2743 Fa comber ► (?Go) 3t2-83,25 N codeaMdaytlmakbphwewmber► (9(/0) —778- F409 &tall► Dianem 0 C . palm-springs. Co. US >�uaoweva>�vsaaaemraY.a+.anrcw�ravxa�,,.numrw+ CERTIFICATION' I,the undersigned,hereby mrtlfy that I am the ' [I author check only ore► ❑other wnerofcopyright cm ntant right ❑owner of exclusive right(s) Q amhorlmd:gent of r-I taF' �AL.M SPIs✓lN65 Nrndwaer« aagoiptd tlYmrq,aawnwdexcAWve dyiga)♦ of the work Identified In this application and that the statements made by me,In If&application are correct to the best of my knowledge. Typed or printed rumpe and date V If this Application glues a date of publication in space 3,do not sign and submit It before that date. 'D/ANE MOFGAIJ Date► I 2rJ 7-c'a6 Handwritterisigmttrre W X CertifitxlB Name♦ - ICampNbaA teoaaaatyop" xdll he �_ '' q 8ldn your apPlbatbn I-apeca a mailed In ClT OP PAL, Slvefw6S ATro: -DLANE o4.GA i, IAIIIIdOW Non"FISNaWAptV ent elopet0 2.NomNtxYbk llm0iw ta dtaekarmaMy A.mAuM4lna this ef O, $Ox 43 aa� ayabhnnxueancapyynn araNy/r>a address: >ti CapaaNtNodd Tam VA4tw Cdy5hb2iPV mryd hgraaa ' S ?AL. plzlN&.s C� Qaa(o .2L - ,3 - -l + b . ' wa>Nn, D.�° E. WM the.AMIcae(a):Any panne wiry wowt than m2.600. lae nPmaaaaaum d•mAledal tad lntlw Appqutbn to eo10M01d mgldratbn Pmvltletl for by wcNon laO,or uywoMon atammed gbd In«nnoctbn wish uw appllglbn,atau m nh.a col mare 11un ir'.fi00, ii Aurae 1000-100,Oaa ®PRINTED ON RECVUEa PAPER *U.S.GOVERNMENT PRINTING OFFICE:I ON-4548?0fl1 WEB REV:Jute IM 07/28/2000 15:17 2139347337 `TT PAGE 02 E C E P Y E 430RMVA For a Work of the Visual Arts CERTIFICATE OF REGISTF I UNITED STATES COPYRIGHT OFFICE �� � rCJi.fLr REGIe IiF05 COPYRI`' This Gertifl at S unil3er the seal of the opyri h[Office t anOst Ina eg enpo with title 17 nI g C �t <4 o attoststhat agi tration as6e Qlit9191orthoworkide i- ■■ ■■ fled below, a information pfn IBHA tiflaais has be n m made a pa of it®r"ICi3TaC H. EFFECTIVVr DAIS Ur I.LA 4 BR4AY OF COa \ ` % OFFICTAPOLyQ[ WRITEAOOVETHIS NE.IFYOUNEE�,M �WIPUBA MO&ATECONTINUATIONSHEET. C ,xf?i " j G'fij!Q :,•,•, «-.N + tMted•6MesvfArner1ca . . TITLE OFTHIS WORK T NATURE OFTHIS WORK,V jnj;er PIVED �;-J�,J tiPir /{•/t� (:,¢,v� M�rAc. �jL.0,7'�G 7"�f ,_�G/'Y4/G �.4 r^�Y��r,T,C���� PREVIOUS OR ALTERNATIVE ITLE$T --- - -- _---- FuNknttha Uf•('wntdhull?Ncant wurk orkTtlah.d urgmvleulbnmaperbdkal,rind,ur MlleNlee,livelnroemalion r6em me aAlgerhe Rork Inwhlvh m.• unwihulbn appeved rrk l.' ve WorkT If published In r perlodwl or acrid at.: Ynlurne T_-- Nurnbw v I..aa Dale T _------ u,Pnae.T --� - NAMEOFAMOMA ► rr ...� PATES OF BIRTH AND DEATH Year BVm 7 Yetr Died T 2 Wasthls ttnhibulien to the work a Author's Nodondky or Domidle Wes This Author's Contribution to the Work -wuAM,*earhire-I w"'aa 'y ♦ ♦ Awnymoun? OYes %No 1111,4 wtowlM, NOTE o Yet C ern d r_l�-f ----- et m.e d talcs n rsrudnaymtws7 L7 Yes iSI can wv:aer�� U*do f•Iaw. 9Ne tMmisikd in rM7rFor'W - - - a'alrrraaN NATUREOFAUTHORSHIPt aPpmpti sic tox(csil. BwInstructions Eames"is w.emody,ter r7 3-Dimensional sco pure ❑Map p Technical drawing reatastoYoo 1:12-Dimensionala ark ❑photograph fJText -any O Repiodudion of w rkof sal ❑lawolry design ❑Arehiteourot work tkrrtrrwtt wsAaaas Naa n.arrnlr NAMEOFAUTHOR7 DATES OF BIRTH AND DEATH aha•hY.i In Year Born T Year Died T ""tom"o4ol"b . W~e Was tell eent6wiloo le the work a Author's Nationality or lMmlcile Was llh Authur'x Contribution to the Work wMo1lMrwprk •wntkmadefarh)M-7 Nam.nl Country ofts wbrenw Aaanymew? ❑Yet ❑Nat datates.quesuo"is wa►assker•d) r]Yp ObJ cllixnof ►_,�,....--.- ------ Fteudmymoud 0 Yen rJ No Nes.'sts d.rw.d assavot m 1L dNo llumkited lln R__--.__--- M.rruH,forts. sa•vstow�a dates NATURE OF AUTHORSHIP Chc appmpride bo.(es} Bea Instructions - - - -— «6'0" El3-Dimensional ecu plure ❑Map ❑Technical drawing Oh*od enk. ❑ 2-Mmeesional an ork CI photograph ❑Text O Reproduction of w k of an ❑Jewelry design 0 Architectural work Ye..in Waeb Crealks OMI%Wwk as little and Natles of Rest Publication orThh farticutar Work C pkl _ 7rd MKwnWbn r' 8rTW. e�l•MhmnNlon 6leerh lt._._-- .._,__...._ _ Ory� _.. Year B• _ `# lettli Q(I beshmr p,� glLYltlda wurk lnalga•a has Manpubdahwl _.. _. ._._. .. _... .... .__._. . ..._.._..... �wran wrue.,r•..,.,v:.•_.wr>� COPYRIGHTCLAIMANT(S)NIA eam160(ats Mull lkglven even IfdtechunmIt the urneMthe (tP�LI IATI�f1 CEIVED author gives In spice 2.T 4 01cwX•0 WWI s JO r O E SIT R CEIVED 5cy9 w. JECR f ` C� ��.199 g G..A. G A LJ o a/fi TWO OEP081TU REGEIVEfi Na sees. Transfer If the cldmav(s)named here i i space a it(ate)different from the authar(s)mrncd in space$Rive 1 _ -_,,,, m() M copyr'R S FUNDS RECEIVED wkt statement of now rM Nalmr sob :nest mvnemh of the , nt.7 ,er.�M.Ea+4K++Oiw/rMwtkiGants..•,a:::•••. .. .. MOREONeACKI► -Corrplassall spaces(ounhwa 6-2) akkolaxa page. • 04110TWRITEHERE path 101 ,07J2312000 15:17 2139347337 RICHARD IRI TI' PAGE 03 0 EY.tiMtHEO aY FOAM VA CHECKED SY l _. _ .. ❑COAAEB ENCE FOA ' Ya COPYRN" OFIRIM USE ONLY 4 • DO NOT WAIT[ASOVB THM L IF YOU NEW MORE SPACE,USE A SEPARATE CONTINUATION SHEET. MVM REiGWRAT{ON Hu r svitunion tort IY work,or for+n earlier wnlon of the work,already ban made in Ilia Copyright Olrkcn DTo * If your anrwd k'Vea."-by Is arehera i allow,kits 047I lehrrl.K.npriak ka•i♦ R OTikhlNllr+IyMdhMdrdlian o(a work prrvloail egiherrd in anpukllilred epm. J ►tl7lka►e NwaypNearhn aukr.Nudq Mh arllwrvpyftMdslm#rpL ' a�7k41.adrr�M vera{ow of rhawerk,arahnwn ay Sewabl.+pplkauka. KyMr++rr la`Ya`Ow:►rnrlwa�aalaterpaaN T Ytar of pgktntiao♦ t�a/r1 .l bmh a:wit Op11YAT1VE WORK OR t"OMP11.A770N C 'kn bNh Ip+.t M mdEh{a+deriratWe wak:9knlpkee only 46Tar a tempil.twn a Pout MtMrul ldantlty any preekyling wok or +thal the work IS ISM on or iWipor+k+.♦ (` Ir Xr-� "SSW* ►momm AMM 167111 WWI( 0lw A brk{,INoetil ua alof+he mnrtid lhi h+ben oddelu Shia work and in w0lsa mpyriah,is datnedT �MManaaaNaMaAllwawW4L.awM1+'r• 'n l.'_ .r,f.,. 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MOM ya1n k116Mt�•maRM.lYat yroiNMMrnulMtplp{ri p�a+ppAeappn rp dpp{dpryt roplflfafWn Wovdp7pbr lofi'ronAH or In arty Wotan tn}m.nl rn.d in WIXOM dkMupdM+k+n,ItnN la Mad nd nla,a Mlkr.Wu �tw.W� �IrIMlO R+weCNpanaM+h :'Uti OpVFRNMFNr PRIHTIN(1 pFFICE'INa•1k1•iytTt INSURE" CERTIFICATE&F INSURANCE r ISSUE DATE(MWI)D/YY) - P90DUCEFI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEt' PACIFIC GENERAL INSURANCE SVCS . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 55 E . HUNTINGTON DRIVE STE . 100 ARCADIA, CA. 91006 COMPANIES AFFORDING COVERAGE ( 818 ) 2 9 4-•1010 COMPANY FAX ( 818 ) 294-1904 Er ER A —_ ?RGm NAT'L INS CO OF AM COMPANY B lIS1Jf'Efl LETTER Social and Public Arts cGMPANY C Resource Center TETTETT 685 Venice Boulevard COMPANY Venice CA 90291 LETTER D C)`l COMPANY E I.E(TEIi I� COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80 FOR THE POLICY PERIOI INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO PCUCY OTECTNE POLICY OWFATION LTR1 TYPE OF PtSURA"CL- POLICY I UUM GATE(MMIDO/YY) RATE(MµOOfM LIMITS ff11ERAI. LIABILITY GENEPALAGGPEGATE $1 00O 000 X CommoxT zGagv�-LIAmuTY CP7750277F 10/10/96 10/10/97 PnOCUM-CCMP/WAGG, 11 , 000 , 000 X � a C MANE - PeTTscraAL4AMNAW Z1 ,000 ,000 aWNEITS A CONTRACTCITS PHOT. EACH OCO.)RPFNCE 11 0 0 01_0 0 0 WE RtMAGF a..rq 50 000 MEIDEOEtCE Mya . s 5 , 000 Au1f19ElLE LIABILITY mr�t»NEo h``CIF ` _ X unALm BA7750277E 10/10/96 10/10/97 LmT _300i000. ALL OWNED AUTOS {L 0000.Y•LAATY SCHEDULED AUTOS / I�! IW X "RED AUTOS V y�l" BOOIY•umY — X NON-OWNED AUTOS A GARAGE UABILITY PROPSTTY i DAMAGE Exmrs UARIUTY ry EACH OCCURRCNCE s RLJMBSELLA FORM AGGREGATE 5 OT}1ER THAN UMBRELLA FORM VMKER'S _VSENSATIlm STATUTORY OMITS -EACH ACCIOCNT 5 AM) DISEASE-POLICY UMIT S ElTLIIYEAT LIABILITY DISEASE-EACH EMPLOYEE S DTDrx O � , -- 7.;r'v�.� F� �CJ, Itfl c3 Cifl '� (Oze CKSOIII'rr01 6 QKMri1RSfII1CAfITM mia-EsmEQAL [TEAS RE: MURAL BY RICHARD WYATT AT DESERT HIGHLANDS UNITY CENTER A TEN DAY N.O.C. SHALL .BE GIVEN I',N THE EVENT OF NON—PAYMENT- OF PREMIUM. CEM-F-iCA E HOIUEA-- CANCELIATTON fl ` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE �7�F" EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO 1\ 00 f MAIL 3 0 DAYS WRITTEN NOTICE TO 7'HE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR PAF M—SPR-I-NG--S--PUHhIC ARTS-06MM: LIA81UTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 3200 E. TAHQUITZ CANYON WAY AAnculDnEreESLArnnvE — PALM SPRINGS , CA 92263 FORM 75-BGS(07l90) ACORDn, ERT[FIG� L�F1'BWT k., ' V FM� ::.� DATE I3/10/98 ;,;;, 03/10/98 , PRODUCER 562-923-9631 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowermaster & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Agency, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10631 Paramount Blvd. COMPANIES AFFORDING COVERAGE Downey, CA 90241-0100 COMPANY A Safeco INSURED COMPANY Social and Public Art B n , Resource Center COMPANY / 685 Venice Blvd. Venice CA 90291 COMPANY Cffy CLFWr' D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMDER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ITT DATE(MM/UD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY CP 7750277F 10/10/97 10/10/98 GENERAL AGGREGATE 5 1000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1000000 CLAIMS MADE � OCCUR PERSONAL&ADV INJURY $ 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP(Any one person) $ 5000 A AUTOMOBILE LIABILITY BA 7750277F 10/10/97 10/10/98 COMBINED SINGLE LIMIT $ 500D00 X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per..-d.nt) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 5 AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ _____ --OTHER THAN UMBRELLA FORM WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS E EMPLOYERS'LIABILITY EL EACH ACCIDENT S THE PROPRIETO RI INCL EL DISEASE-POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS Certificate Holder is named as additional Insured as their interest may appear in the named insured's operations re: Mural by Richard Wyatt at Desert Highlands Unity Center *10 day notice of cancellation far non-payment Of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: City Clerk 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 E. Tahquitz Canyon Way BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Palm Springs, CA 92263 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE %AG.�11Cs�5'•S 1'.'fi�95� 3-'�'' GQ�€17:.G�RhOIT{k71ttN 1988