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HomeMy WebLinkAboutC35500 - Sponsorshp - Desert X ExhibitionCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE A SPONSORSHIP IN THE AMOUNT OF $25,000 WITH DESERT BIENNIAL FOR THE DESERT X EXHIBITION, AND APPROVE THE INSTALLATION OF A SCULPTURE AT CAP HOMME / RALPH ADAMS PARK DURING THE LENGTH OF THE EXHIBITION. SUBMITTED BY: Deborah S. Glickman, Management Analyst Thomas Soule, Tourism and Marketing Manager DATE: July 14, 2016 CONTENTS: Claudia Comte's Resume Desert X Proposal Draft Sponsorship and Land Use Agreement Recommendation By Minute Motion: 1) Approve a sponsorship in the amount of $25,000 with Desert Biennial for its Desert X exhibition to be held February 22 — April 30, 2017. Funds in the amount of $10,000 are available in the Public Art Fund Account No. 4364650-4400100 and funds in the amount of $15,000 are available in Marketing Department budget Account No. 1104417- 4309000. 2) Authorize staff to finalize the negotiations of the Sponsorship and Land Use Agreement with Desert X and authorize Mayor to execute same, subject to the satisfaction of the City Attorney; 3) Grant use of Cap Homme / Ralph Adams Park to Desert Biennial from January 9 — May 30, 2017. 4) Waive all permit and inspection fees associated with Desert X. Commission Recommendation 1) Art in Public Places Commission: At its regularly scheduled meeting of May 11, 2016, the Art in Public Places Commission unanimously recommended a sponsorship of Desert X. Staff Report Desert X Sponsorship and Use of Homme/Adams Park July 14, 2016 Page 2 of 4 2) Parks and Recreation Commission: At its regularly scheduled meeting of June 7, 2016, the Parks and Recreation Commission reviewed the Desert X program and were in support of a work of art being installed in Cap Homme / Ralph Adams Park. Strateqic Plan Desert X contributes to the Economic Development, Tourism and Marketing, and Parks and Recreation elements of the City's Envision Palm Desert Strategic Plan. Specifically, event creation contributes to: 1) Priority No. 3 of the Economic Development element — Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. 2) Priority No. 2 of the Marketing and Tourism element — Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. 3) Priority No. 2 of the Parks and Recreation element — Assure a continuing flow of innovative ideas by seeking creative partnerships. Background The City has been approached by Desert Biennial, the organizers of Desert X, to sponsor and participate in its inaugural exhibition to be held February 22 through April 30, 2017. Desert X is a site -specific, international contemporary art exhibition that will take place throughout the Coachella Valley, and is intended to eventually be a biennial or triennial event. Desert Biennial is the non-profit 501(c)3 organization with an internationally known board including Paul Clemente Art Director, Coachella Valley Music and Art Festival & Stagecoach Festival; artist Ed Ruscha; Elizabeth K. Sorensen Trustee, The Annenberg Foundation Trust at Sunnylands; among many others. The non-profit has already signed participation agreements with Sunnylands Center and Gardens, The Coachella Valley Music and Arts Festival, and the Palm Springs Art Museum, and is receiving marketing support from the Greater Palm Springs Convention and Visitors Bureau and PS Resorts, among others. Desert Xs Artistic Director, internationally renowned curator Neville Wakefield, has selected a diverse group of artists representing emerging and established talent both locally and internationally to submit proposals for up to twelve (12) sites throughout the Valley. For the exhibit, Mr. Wakefield has sited the proposed artworks at locations that are institutional, commercial, open, and non-traditional and are intended to surprise and educate the audience. Staff anticipates that Desert X will bring international attention to the Coachella Valley in general, and if included, to Palm Desert specifically. To date, there have already been numerous articles written about Desert X including ones for the LA Times and the New York Times. Staff Report Desert X Sponsorship and Use of Homme/Adams Park July 14, 2016 Page 3 of 4 Discussion In Palm Desert, Mr. Wakefield has selected to utilize Cap Homme / Ralph Adams Park for a sculpture installation. The 27-acre park includes multi -use trails, picnic areas, off -leash dog area, and serves as a trail head for the Cahuilla Hills Trails System, and is ideal for inclusion in Desert X. The artwork being proposed for the park is by a Swiss -born artist living in Berlin, Germany named Claudia Comte. Ms. Comte has extensive experience creating artwork for locations internationally, and this installation would be one of her largest outdoor installations to do. The hallmark of Ms. Comte's work is her use of lines that mirror each other, but never intersect. For her Desert X installation, Ms. Comte is proposing a wall that at its starting point stands just under eleven (11) feet tall running for approximately seventy eight (78) feet in length while morphing from a standing zigzag into an almost parallel to the ground curvilinear shape. To mirror the changes in form, the painting on the wall starts with a zigzag composition and morphs into a more organic wave like pattern. On one end, the wall will vertical straight and bend, turning on its side, to create a curve where the viewer would be guided by its form along to the other side of the sculpture. The sculpture has been designed to be viewed from all angles, including from the surrounding trails. The attached proposal is preliminary, and the artist has determined that if space and budget allow, the sculpture could be significantly longer. In order to install a work of art in Cap Homme / Ralph Adams Park, Desert X will be required to comply with all permitting and inspection requirements as appropriate for the project. The artist will need access to the park up to six weeks before the opening of the exhibition through at up to six weeks after the exhibition for installation and deinstallation purposes. Staff will work with the City's Risk Manager to ensure that all appropriate insurance requirements are met in advance of the commencement of installation. Staff will also create educational and health and wellness based programing around the artwork to coincide with First Weekend and other occasions, including guided walks/hikes around the artwork, specialist talks, and where appropriate coordination of events with other participating Desert X installation locations. Sponsorship of Desert X will ensure that Palm Desert will be included in this important Coachella Valley cultural event, and will include logo presence and mentions of Palm Desert in most of the event's marketing and public relations. Additionally, it will offer exposure about Palm Desert to arts and culture enthusiasts and travels from all over the world. Desert Biennial is linking the kick-off of Desert X with that of Modernism Week to give the exhibition exposure to an already captive audience. Through its partners Desert X will have an enormous marketing reach regionally, nationally, and internationally. The organizers of the exhibition anticipate that approximately forty thousand visitors will come to the Coachella Valley during the course of the two (2) month exhibition. Staff Report Desert X Sponsorship and Use of Homme/Adams Park July 14, 2016 Page 4 of 4 Fiscal Analvsis Funds for the sponsorship of Desert X are available in the amount of $10,000 in the Public Art Fund Account No. 4364650-4400100, and funds in the amount of $15,000 are available in the Marketing Department's budget in Account No. 1104417-4309000. Submitted By: Deborah S. Glickman Management Analyst Department Heads: f Ryan Stendell Director of Community Development Reviewed by: Rudy A osta Assistant City Manager net oore, Director of Finance Approval: N . k I // -- sti McCarthy, Interim City Hager -(L- �� Thomas Soule Tourism and Marketing Manager W-;n_Wm_44A M/ Martin Alvarez Director of Economic Development Claudia Comte Born 1983 in Lausanne, Switzerland Lives and works in Berlin, Germany EDUCATION Master of Art in Science of Education, Haute Ecole Pedagogique, Visual Arts, Lausanne, Switzerland, BA Visual Arts, Ecole Cantonale d'Art de Lausanne, ECAL, Lausanne, Switzerland SOLO EXHIBITIONS NO LEMON NO MELON, Gladstone Gallery, New York, USA, 2015 Le Passage de L'Etoile, with Guillaume Pilet, Vevey, Switzerland, 2014 Fluide Glacial, LISTE, with BolteLang, Basel, Switzerland, 2014 Solo presentation Art Brussels, with Gladstone Gallery, Brussels, Belgium, 2014 Easy Heavy III, Haus Konstruktiv, Zurich, Switzerland, 2014 Sharp Sharp, David Dale Gallery, Glasgow, Ireland, 2014 All Work and All Play, Toshiba House, Besancon, France, 2013 Claudia Comte & Omar Ba, Centre Pasquart, Biel, Switzerland, 2013 Wir baden auf der Freianlage, invited and curated by Neville Wakefield, Gladstone Gallery, Brussels, Belgium, 2013 If I were a rabbit, where would I keep my gloves?, BolteLang, Zurich, Switzerland, 2013 X, Y, Z, Friart, Centre d'Art de Fribourg, Switzerland, 2013 Summer Villa Extension, Centre Culturel Suisse, Paris, France, 2013 NO LEMON NO MELON, Tripode, Nantes, France, 2012 From Zanzibar to Acapulco, with Guillaume Pilet, SALTS, Basel, Switzerland, 2012 Trouble Rainbow lll, with A. Galiciadis and M. Mousset, BolteLang, Zurich, Switzerland, 2012 Vanity Loop, Kunst am Bau, Yverdon Gymnasium, Canton Vaud, Switzerland, 2012 From Acapulco to Zanzibar, with Guillaume Pilet, La Rada, Locarno, Switzerland, 2012 Scan tione- Tensione, Swiss Institute of Rome, Rome, Italy, 2011 IBIZA, Milieu Gallery, with Vittorio Brodmann, Bern, Switzerland, 2011 Trouble Rainbow ll, with A. Galiciadis and M. Mousset, Favorite Goods, Los Angeles, USA, 2011 Trouble Rainbow, with A. Galiciadis and M. Mousset, Galleria Marie-Laure Fleisch, Roma, Italy, 2011 Estampes, Studio Raynald Metraux, Lausanne, Switzerland, 2011 Welcome to Colorful, Lucy Mackintosh Gallery, Lausanne, Switzerland, 2010 Rond-point, Darse Gallery, Geneva, Switzerland, 2009 You cut but you can't, with Melodie Mousset, Galerie 20gmberlin, Berlin, Germany, 2009 Site specific installation, % culturel, Lausanne Foundation for Contemporary Art, Lausanne, Switzerland, 2009 Naturalises, collaboration with Tatiana Rihs, Musee Arlaud, Lausanne, Switzerland, 2009 Inimitable, Galerie Lucy Mackintosh, Lausanne, Switzerland, 2008 Georges abstraction surface air, Bureau des videos, Le George, Centre Pompidou, Paris, France, 2008 Video projection, Reves, Window of Swiss Cultural Center, Paris, France, 2008 L'Echo, standard deluxe, Lausanne, Switzerland, 2007 Claudia Comte Born 1983 in Lausanne, Switzerland Lives and works in Berlin, Germany GROUP EXHIBITIONS Work Hard: Selections by Valentin Carron, Swiss Institute, New York City, USA, 2015 Reliability of Recognition, BolteLang, Zurich, Switzerland, 2015 Elevation 1049, curated by Neville Wakefield, Gstaad, Switzerland, 2014 Post -Op. Perceptual Gone Painterly / Du perceptuel au pictural. 1958 — 2014, cu rated by Matthieu, 2014 Poider, Galerie Perrotin, Paris France, 2014 BolteLang Stadtbiotop 2014, 8032 Zurich, Switzerland, 2014 Bex & Arts, triennale de la sculpture Suisse, Bex, Switzerland, 2014 Ars Multiplicata, Kunsthalle Koidl, Berlin, Germany, 2014 Post-Mortem, Forde, Geneva, Switzerland, 2013 Draft for a particular vision of the future, Bar Babette, Berlin, Germany, 2013 Chateaux Secrets, Fondation Ricard, Iles des Embiez, 2013 Mixed Message Media, curated by Neville Wakefield, Gladstone Gallery, New York, USA, 2013 Harum Scarum, Galerie Blancpain, Geneva, Switzerland, 2013 Paraphernalia, Telemark Contemporary Art Center, Skien, Norway, 2013 Under 30, Kunsthaus Glarus, Glarus, Switzerland, 2012 La jeunesse est un art, Kunsthaus Aarau, Aarau, Switzerland, 2012 Tell The Children / Abstraction pour enfant, La Salle de Bain, Lyon, France, 2012 If I had 8 hours to chop down a tree, I'd spend 6 sharpening my ax, Kunst Raum, Riehen, Switzerland, 2012 Territoires, Bex & Arts, Swiss Sculpture Triannual, Bex, Switzerland, 2011 Train Fant6me, Cruise and Callas Gallery, Berlin, Germany, 2011 Rock The Casbah, Swiss Institute of Rome, Rome, Italy, 2011 20 ans des espaces dune sculpture, Visarte Vaud, Parc de Mont Repos, Lausanne, Switzerland, 2011 Le Federal,! Semen -Contra, Rotwand Gallery, Zurich, Switzerland, 2011 Accrochage Vaud 2011, Musee Cantonal des Beaux-Arts, Lausanne, Switzerland, 2011 Jeune Creation 2010, Le CENTQUATRE, Paris, France, 2010 Minipic, Pauline's, New York, USA, 2010 10 ans du MUDAC, collaboration with Tatiana Rihs, Mudac, Lausanne, Switzerland, 2010 I could do that! No, you could't!, Milieu Gallery, Bern, Switzerland, 2009 Kawabanga, Espace Delrue, La Barthoteque, Nantes, France, 2009 Condominia, Musee Rath, Geneva, Switzerland, 2009 I am by birth a Genevese, Espace Forde, Geneva, Switzerland, 2009 I am by birth a Genevese, Vegas Gallery, London, UK, 2009 Transit, collective urban exhibition, Renens, Switzerland, 2009 Patapsychique, Library of the Swiss Cultural Center, Paris, France, 2008 Le Spectrarium, Le Corbusier Pavillion, Cite universitaire, Paris, France, 2008 Made by ECAL, Espace lausannois d'art contemporain, Renens, Switzerland, 2008 Abstraction -Extension, Fondation Salomon, Alex, France, 2008 That's all Folksl, Chez Popper, Geneva, Switzerland, 2008 X, proposed by N. Wagnibres, galerie 1 m3, Lausanne, Switzerland, 2008 Claudia Comte Born 1983 in Lausanne, Switzerland Lives and works in Berlin, Germany Black Diaspora, exposition collective, Galerie Out of this World, Montreux, Switzerland, 2008 Weihnachtsmarkt, Milieu Gallery, Bern, Switzerland, 2007 Athene, Claudia, Orlane, Milieu Gallery, Bern, Switzerland, 2007 Cabinet Budget, collective exhibition, Atelier 304, Usine, Geneva, Switzerland, 2006 Sonal, collective exhibition of sound installations, Arsenic, Lausanne, Switzerland, 2006 Sublime, collective exhibition, Atelier 304, Usine, Geneva, Switzerland, 2006 Morgenstern, collective exhibition, Chateau de Morges, Morges, Switzerland, 2006 Mini -golf, collective exhibition, Circuit, Lausanne, Switzerland, 2006 Accrochage, Vaud 2005, collective exhibition, Musee cantonal des Beaux-Arts, Lausanne, Switzerland, 2005 Academie de sculpture, proposition by Pierre Vadi, Atelier 304, Usine, Geneva, Switzerland, 2005 Les Urbaines, young videographers at the Cinematheque Suisse, « Reves ,, Lausanne, Switzerland, 2005 PRESS AND PUBLICATIONS Trophaen im Trupp/Shaping Up, Paul Teasdale, Frieze d/e, June -August, 2014 The ArtReview Files: Bridget Riley, Claudia Comte discusses influence of Bridget Riley on her work, 2014 ArtReview Summer Issue, June, 2014 Eine Presentation wie eine Wunderkammer, Annette Hoffmann, Tagesanzeiger, 17.06.2014, 2014 Die Frau mit der Kettensage im Gepeck, Leoni Jessica Hof, Bolero, Juni, 2014 Mobil und vernetzt: Funf junge Kunstler und ihre Ateliers, Sandra Roth, 2014 http://www.srf.ch/kultur/kunst/mobil-und-vernetzt-fuenf-junge-kuenstler-und-ihre-ateliers, 16 April, 2014 Claudia Comte, Future Greats 2014, Giovanni Carmine, Art Review, March, 2014 Claudia Comte, Aoife Rosenmeyer, Frieze d/e 11, September/October, 2013 Mit Gasbrenner und Kettensage, Dietrich Roeschmann, SonntagsZeitung, 8.9.2013, 2013 Wofur wir leben — u40 — Junge Kunstler in der Schweiz — Sternstunde Kunst, SRF, 9.6.2013, 2013 Cahiers d'artistes, Pro Helvetia Swiss Arts Council, Switzerland, 2013 Blow, by Yann Chateigne, May, Le Phare publication by Centre Culturel Suisse de Paris, France, 2013 Claudia Comte — un certain folklore, by Laurence Schmidlin, March, Kunstbulletin, Zurich, Switzerland, 2013 Trouble Rainbow, ArtCollector, October, Basel, Switzerland, 2012 Under 30, exhibition catalogue Junge Schweizer Kunst, Kunsthaus Glarus, Verlag for Moderne Kunst, Switzerland, 2012 La jeunesse est un art, exhibition catalogue Aargauer Kunsthaus, Edizioni Periferia, Switzerland, 2012 Baboo Time, January, Sylvain Menetrey, Geneva, Switzerland, 2011 Novembre Magazine, January, Geneva, Switzerland, 2011 Welcome to Colorful, artist book, Claudia Comte, Switzerland, 2010 Claudia Comte Born 1983 in Lausanne, Switzerland Lives and works in Berlin, Germany Journal Le Temps, Hors serie Arts, November, Lorette Coen, Geneva, Switzerland, 2010 Journal de Cossonay, October, Jean-Pierre Grandjean, Cossonay, Switzerland, 2010 ArtCollector magazine, September, Zurich, Switzerland, 2010 Guide Loisirs, September, Laurent Delaloye, Lausanne, Switzerland, 2010 Dorade, revue galante, photographie et formes critiques, n°1, interview with Julien Fronsacq, October, Paris, France, 2009 AWARDS AND RESIDENCIES Swiss Art Award, 2013-2014 Pro Helvetia residency, Johannesburg, South Africa, 2012 Kiefer Hablitzel Award, Switzerland Mobiliar Award, Switzerland Support from the UBS Foundation for Contemporary Art, Switzerland, 2011 Support from the Canton Vaud, Switzerland, 2011 Support from the city of Lausanne, Switzerland, 2010 Residency Swiss Institute of Rome, Rome, Italy, 2010 Residency Vent des Forets, Meuse, France, 2009 Residency galerie Zwanzigquadrameter, Berlin, Germany, 2008 Residency Cite des Arts, Paris, Laureate of I'atelier Vaudois du 700eme, France, 2008 Support from the Social and Cultural Association for the Swiss in Paris, France, 2008 COLLECTIONS Collection Haus Konstruktiv, Zurich, Switzerland The Maurice and Paul Marciano Art Foundation, LA, USA Fondation Salomon Art Contemporain, Annecy, France Credit Suisse Collection, Switzerland Art Collection Mobiliar, Switzerland Nationale Suisse Art Collection, Switzerland Collection of the Canton Zurich, Switzerland Collection of the city of Lausanne, Switzerland Collection Ecole Cantonale d'Art Lausanne, Renens, Switzerland COOI m � / R § w 3 \ F / \ k » % $ / W / m ] CD (D 7 / § t n @ e » ƒ 0 CD ) 3 Lb CD a d \ \ C) ) $ / %- % m §.g @ / \ \ \ CD / \ \ R g m 2 ] 9 o k R § � §n ° t / E / / $ � § a. $ Co � / /_ k / -3 / k CD$, It.t Z .\a > _ \� . f./ D / /C g a �.o m p 5 \ � ? > /R//\r CD CD —0 G k & ] G o / \ /@ k a = _ c BE 7 7 — / d / 0 0- g a' 4 e = a �F0 x / 2 3 u cn¥0 m 5 m CDE 0 / EZ) w o o c ECD(D CD. /§/ek 0-E�(/ 5 0 m. \ Z3 20}om / / \k/§2 U) 0- @ 7 -0 / /\ Na)0 _ cn 7 J £ ± a _.CD S-0 /ko-0 o n c o }j/-/ ? ) ° o § \\\CDCD ° ° m C \ j 0 / k -0 m � \ + o -.:: Ns pr o D � RL 2 �0-CD 0 N-<�n -0 7v0-N FD m a cD n a CD(C)- 0. N (C) CD w C1 CD C N -0 o cn ❑ 'r C ❑ to f (D 7 :3- C1 CD u CD ¢7 :3 C1 (D C 3 N� D CD ❑ C2 � 0 LO C N C1 C1 CS CD a f17 -N 0 3 m 5 R CD 0 0 �1 C 0o 2 a � ❑ C ca CD . h N CD C W 5. CD ((D CL O CS C1 D- (a CS to CD '-r IA A A i uM/�Mun rra N w v ■ AAR AN A 1 � co* �v ( CD ��L7 cD :3 2 m� a� N 0 [7 N N N co D) CD (❑ C1 0 :�. 3 r=r zr -0 N W p. N :1 � Q C CD Cp _0 3 CD C C C1 � a 0- ❑ ❑ 7 � S CQ N rt 0 @ o ❑ w �3 (D (D o ° o � 0. O' ❑7 O (CD p3 � m Cu "a (A N G G rnr SPONSORSHIP AND LAND USE AGREEMENT This Sponsorship Agreement ("Agreement") is entered into this 14th day of July, 2016, by and between the City of Palm Desert ("City") and Desert Biennial, a non-profit 501(c)3 organization (Contractor). The City and Desert Biennial are sometimes collectively referred to in this Agreement as the "Parties" and individually referred to as "Party." The Agreement is made in light of the following Recitals: RECITALS WHEREAS, Contractor wishes to create an art based exhibition entitled "Desert X" (Exhibition) to attract residents and visitors to Palm Desert and the Coachella Valley from February 22 — April 30, 2017. WHEREAS, the City desires to sponsor the Exhibition through funding a portion of the costs associated with the Exhibition. WHEREAS, Contractor seeks to utilize land at Cap Homme / Ralph Adams Park, 72500 Thrush Road, Palm Desert, CA 92260, for the installation of a sculpture. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the Parties hereby agree as follows: AGREEMENT 1. Term. The Term of this Agreement shall commence on July 14, 2016 and continue until May 30, 2017 or upon completion of the Exhibition and artwork deinstallation. 2. Responsibilities of the Parties 2.1 Responsibilities of Citv• City shall allow Contractor to install a work of art at Cap Homme / Ralph Adams Park for one (1) month prior to and one (1) following the exhibition period. City shall review the proposed sculpture in advance of installation. City shall waive all permit and inspection fees associated with the Exhibition. 2.2 Responsibilities of Contractor. Desert Biennial shall provide and install a sculpture at Cap Homme / Ralph Adams Park unless another location within Palm Desert in mutually agreed upon in writing by both Parties. Desert Biennial shall allow The City to review the proposed artwork for appropriateness. Desert Biennial shall provide security of site as appropriate. Desert Biennial shall advertise and promote the City of Palm Desert within its pre -exhibition advertising, on site, post -exhibition and online advertising as shown in Exhibit A. 3. Compensation. The City shall pay a sponsorship fee in the amount of $25,000. The payment shall be remitted as follows: $15,000 due by August 18, 2016 and $10,000 due by January 9, 2017. 4. Security. The City, at its sole discretion, may require a certain number of security officers, or City employees or agents of the City for the purpose of monitoring the event. Contractor shall be responsible for procuring and paying for any required event monitoring. 5. Maintenance of Site and Artwork 5.1 Preparation and Clean-up of Site. Contractor shall be responsible for all site preparation for the property to receive the artwork. Contractor shall be responsible for all clean-up of the site, including adjacent grounds, at the end of the Exhibition. Contractor shall pick up, bag, and remove all trash generated by the Exhibition in any way connected with its use of the site, leaving the site clean and free of all trash and litter. Contractor shall also leave all fixtures, if any, in good working condition. 5.2 Cleaninq and Maintenance of Artwork. Contractor shall be responsible for all cleaning and maintenance of the artwork while on site. 5.3 Storinq of Equipment. Contractor shall not store any equipment or materials at the site or adjoining property without the prior written approval of the City. 6. Damage to the Site. Contractor shall be responsible for any and all Exhibition related damage to the site and/or its contents during use. In the event damage occurs or excessive cleaning is necessary, Contractor shall be charged for any and all janitorial and/or repair fees incurred by the City as a result of damage or excessive cleaning. 7. Equipment and Accessories 7.1 Removal of Property. Contractor shall not remove, relocate, or take City property outside of the site for any reason without the prior written approval of the City. 7.2 Use of Equipment. Contractor shall not use City equipment, tools, or furnishings located in or about the Site without the prior written approval of the City. 7.3 Lightinq Equipment. The City does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. Contractor, at its own cost, may bring these systems onto the Site for its use with permission from the City. 7.4 AudioNisual Systems and Recordinqs. Contractor shall secure the approval of the City before using audio/visual systems, public address systems, and live or recorded amplified music. Contractor shall not record, televise, or broadcast the event or any portion thereof without prior written approval from the City. 8. Events at the Site. Contractor must receive permission from the City to host events at the Site. The City may host events at the Site. 9. Health, Safetv, and Welfare of the Community. The City may impose additional requirements as deemed necessary to protect the health, safety, and welfare of the community. 10. Reproduction Riqhts 10.1 Contractor and Artist grants City, in perpetuity, the right to photograph, film, videotape, or otherwise depict the Sculpture at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the City. Such reproduction and images of the Work which feature the Work as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the artist. Reproduction and images of Work in which the purpose of the reproduction or image is predominantly unrelated to the Work shall not require reference to artist. 11. Remedies and Termination. 11.1 Remedies. The Parties agree to provide each other with written notice of nonperformance, unsatisfactory performance, or any other dispute arising from the terms of this Agreement within ten (10) days of the deficiency or dispute being identified. The Parties shall have thirty (30) days from receipt of said written notice to correct any performance deficiencies. The Parties may mutually agree to extend the thirty (30) day cure period. The Parties agree to cooperate in good faith to resolve any performance issues or dispute arising from this Agreement. Either Party in its sole and absolute discretion may waive a default that cannot be cured. 11.2 Termination. In the event any dispute cannot be resolved under these procedures, each Party retains such legal and equitable remedies as it may have under the law to enforce this Agreement. If either Party defaults under this Agreement and does not timely cure such default, the non -defaulting Party may terminate this Agreement upon providing written notice of termination of this Agreement to the defaulting Party, in which case this Agreement shall terminate. 11.3 Termination without cause. Either Party may terminate this Agreement upon at least ninety (90) days prior written notice to the other Party. If Contractor terminates this Agreement, pursuant to this Section 4.3, the City shall be entitled to a pro rata refund of any prepaid amounts. 12.Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of the Exhibition, Contractor shall obtain, provide and maintain at its own expense during the term of this Sponsorship Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City. 12.1 General Liabilitv Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If alcohol is sold during the permitted activity, coverage must include full liquor liability. 12.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 12.3 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. 12.4 Umbrella or Excess Liabilitv Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies 13.Other Provisions Or Requirements. 13.1 Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractors' policies. 13.2 Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of the Exhibition. 13.3 Duration of Coveraqe. Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or subcontractors. 13.4 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13.5 Waiver of Subroqation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its subcontractors. 13.6 Primary and Non-Contributinq Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 13.7 Additional Insured Status. General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. 13.8 Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Exhibition. 14.Indemnification. Contractor shall indemnify, defend, and hold harmless the City of Palm Desert, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Contractor's activities under the terms of this agreement, unless solely caused by the gross negligence or willful misconduct of the City of Palm Desert, its officers, employees, or agents. 14.1 Force Maieure. Any delay or failure in the performance by either party hereunder shall be excused if and to the extent caused by occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is beyond the reasonable control of the party claiming Force Majeure. Force Majeure includes but not limited to, acts of God, fires, floods, rain, heavy wind, earthquake, explosions, riots, wars, sabotage, terrorism, vandalism, accident, restraint of government, governmental act, injunctions, destruction of site and other like events. In the event City has advanced funds for the sponsorship to the extent not utilized directly for the Exhibition any unused portion shall be returned. 15. Notices. Whenever it shall be necessary for either Party to serve notice on the other regarding this Agreement, such notice shall be served either in person, by certified mail, return receipt requested to the addresses below. City: City of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Clerk Desert X: Desert Biennial PO Box 4050 Palm Springs, CA 92263 Attn: Susan Davis Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 16. Legal Costs. In the event of any legal action between the City and Contractor arising out of the obligations of the Parties pursuant to this agreement, the prevailing Party will be entitled to payment of its costs and expenses, including its reasonable attorneys' fees. 17. Bindinq Effect. Successors. Neither Party shall assign or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party, which may be given in such Party's sole and absolute discretion. Any attempt to do so shall be null and void, and any assignees or transferees shall acquire no right or interest by reason of such attempted assignment or transfer. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns and all of the Parties thereto shall be jointly and severally liable hereunder. 18. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument which shall be binding upon the Parties notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. 19. Further Assurances. Whenever requested to do so by the other Party, each Party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any documents that are necessary, expedient, or proper to complete anything contemplated by this Agreement. In addition, each Party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Agreement. 20. Modifications. All modifications to this Agreement must be in writing and signed by the Parties. 21.Third-Party Riqhts. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies. 22. Governinq Law; Choice of Venue. This Agreement shall be governed and construed in accordance with California law, including the Fair Political Practices Act of 1974. Venue shall be Riverside County. 23. Severability. If any provision of this Agreement becomes or is declared by a court to be illegal, unenforceable or void, that clause will be omitted and the remainder of the Agreement will continue in full force and effect. Such holding shall in no way affect the validity or enforceability of this Agreement. 24. Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes any prior or contemporaneous representations, understandings or agreements, whether written or oral. 25. Waiver of Jury Trial. The Parties specifically waive any right to trial by jury in any court with respect to any contractual, tortious or statutory claim, counterclaim or cross claim against the other arising out of or connected in any way to this Agreement because the Parties hereto, both of whom are represented by counsel, believe that the complex commercial and professional aspects of their dealing with one another make a jury determination neither desirable nor appropriate. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first hereinabove written. CITY OF PALM DESERT Robert A. Spiegel, Mayor ATTEST: Rachelle D. Klassen, City Clerk DESERT BIENNIAL Susan Davis, President Approved As To Form: Robert Hargreaves, City Attorney Exhibit A Under this agreement, Desert Biennial will include the City of Palm Desert in the following marketing and public relations efforts: Inclusion of the City of Palm Desert's logo on the Desert X website and all appropriate print and digital materials. Recognition of the City of Palm Desert's sponsorship in signage at the location of the installation. Mention of the City of Palm Desert as a sponsor on all press releases. Any other appropriate locations/outlets as negotiated by both Parties.