Tourtillotte, Barb - Temp Art Loan AgreementMEMORANDUM Q"&a
CALIFORNIA -
DATE: March 20, 2025
TO: Christina Calderon
FROM: Manuel Elizalde
RE: Temproary Art Loan Agreement - Barb Tourtillotte
Please list the Contracting Party/ Vendor Name, any change orders or amendments, and the type of services to be provided. Make
sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
❑ Approved by City Council on
❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
❑✓ Department Director's or Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less.
Procurement Method (one must anal
❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids
❑ Sole Source ❑✓ Select Source ❑ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
❑ Agreement payment will be charged to Account No.: N/A
0 Agreement term: Start Date March 14, 2025
End Date
❑ Amount of Agreement, Amendment, Change Order, etc.: $
April 14, 2025
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual
Amendments or Change Orders!
❑ Insurance certificates as required by the Agreement for Risk Manager approval
❑
❑
NOTE:
Approved by:
Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
Business License No. Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
Temporary Loan of Artwork Agreement
AGREEMENT FOR TEMPORARY LOAN OF ARTWORK
fir, /, This Temporary Loan Agreement ("Agreement") is entered into this 2,,0 day of
2025, by and between the City of La Quinta, a California municipal corporation
and charter city ("City"), and .&rbTo►tC:h'("Artist").
RECITALS
WHEREAS, Artist is the owner of the Artwork described in this Agreement; and
WHEREAS, the City desires to increase public awareness and exposure to the arts in
a cost effective manner for the general welfare and benefit of the City's residents; and
WHEREAS, City and Artist desire that City temporarily have custody and possession
of the Artwork for the purposes of public display and enjoyment; and
WHEREAS, the City wishes to accept and the Artist wishes to loan on a temporary
basis the Artwork; and
WHEREAS, the parties desire by this Agreement to provide for the parties' respective
interests in the Artwork and for procedures and understandings governing its use, custody,
protection and public enjoyment.
TERMS
NOW, THEREFORE, the parties hereto agree as follows:
1. Description of Artwork. This Agreement pertains to the loan of a piece of art
(referred to in this Agreement as "Artwork").
2. Duration of Loan. The City shall accept t e e ary loan of Artwork from
Artist for a period of one (1) h commencin2025,g and ending on the
loan termination date of4, 2025 (the "Loan Period"). The Loan Period may be
shortened or lengthened in duration by mutual agreement between the Artist and the City.
3. Location of Artwork. The Artwork will be displayed at the La Quinta Public
Library located at 78275 Calle Tampico, La Quinta, CA 92253.
4. Release and Indemnification. Artist knowingly and intentionally releases,
discharges, and promises not to sue the City for any loss, damage, injury, or cost to the
Artwork and indemnify and hold harmless the City from and against any and all claims,
actions, causes of actions, liabilities, demands, losses, damages (known or unknown and
economic or non -economic), suits, and expenses (including reasonable attorneys' fees)
arising out of the transportation, mounting, display, and removal of the Artwork. Artist
expressly agrees that this release is intended to be as broad and inclusive as permitted by
the laws of the State of California.
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Temporary Loan of Artwork Agreement
5. Integration. This Agreement embodies the entire Agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby, except as set forth in this Agreement.
6. Amendment/Modification. No alteration, change or modification of the terms of
the Agreement shall be valid unless made in writing and signed by each party hereto and
approved by appropriate action of the City.
7. Non -Waiver. No waiver of performance by either party shall be construed as
or operate as a waiver of any subsequent default of any terms, covenants and conditions of
this Agreement.
8. Governing Law. This Agreement, regardless of where executed or performed,
shall be governed by and construed in accordance with the laws of the State of California.
9. Venue. In addition to any other rights or remedies and subject to the
restrictions otherwise set forth in this Agreement, either party may institute legal action to
seek specific performance of the terms of this Agreement, to recover damages, or to obtain
any other remedy, at law or inequity, consistent with the purpose of this Agreement. Such
legal actions must be instituted in the Superior Court of the County of Riverside, in an
appropriate Riverside County municipal court, or in the Federal District Court in the district of
California which includes Riverside County.
10. No Personal Liability, No elected or appointed official, employee, or agent of
the City shall be charged personally with any liability under any term or provision of this
Agreement.
11. Attorneys Fees. If any party to this Agreement brings a legal action or
proceeding against another party to enforce the provisions of this Agreement, or on account
of a claim or dispute arising out of this Agreement, then the prevailing party in such
arbitration or legal action or proceeding shall be entitled to reimbursement by the other party
of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing
party in connection with the legal action or proceeding.
12. Binding. This Agreement shall be binding upon and shall inure to the benefit of
the City and the Artist and their respective heirs, personal representatives, successors and
permitted assigns.
13. Notices. All notices, requests, demands and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if
delivered personally or sent by registered or certified mail, returned receipt requested,
postage prepaid, as follows:
To the City: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
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Temporary Loan of Artwork Agreement
Attn: Community Services Director
To the Artist: Coachella Valley Watercolor Society
PO Box 565
Palm Desert, CA 92261
14. Severabilitt. If any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal, void, or unenforceable, that term shall be severed from
and shall not affect the validity and enforceability of the remaining portions of this
Agreement.
15. Headings. The paragraph headings herein are used only for ease of
reference, and do not limit, modify, construe, or interpret any provision of this Agreement.
16. Assignment. This Agreement may not be assigned, either in whole or in part,
by either party without the express written consent of the other, in advance. The assignee
under any permitted assignment shall have all the rights and remedies of the original parties
insofar as the same are assignable.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY: CITY OF LA QUINTA a California municipal corporation
/1t March 24, 2025
Christina Calderon, Community Services Deputy Director
City of La Quinta, California Datr-
ATTEST:
Monika R deva Okv Clerk
City of La Quinta, California
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
City of La Quinta, California
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Temporary Loan of Artwork Agreement
Date: ZL'LOLAO,;
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