2025-27 CVRM - Temp Artwork LoanMEMORANDUM
CALIFORNIA -
DATE: July 15, 2025------------
TO: Jon McMillen, City Manager
FROM: Manuel Elizalde, Administrative Technician
RE: Coachella Valley Rescue Mission - Temporary Loan of Artwork
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 a
❑ Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids
❑ Sole Source 7 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
❑✓ Agreement term: Start Date 08/01 /2025 End Date 06/30/2027
❑ Amount of Agreement, Amendment, Change Order, etc.: $
REMINDER: Signing authorities listed above are applicable on the apprepate Agreement amount, not individual
Amendments or Change Orders!
❑✓ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: N/A Date:
.❑
NOTE.
FVI
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. N/A Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AGREEMENT FOR TEMPORARY LOAN OF ARTWORK
This Agreement for Temporary Loan of Artwork ("Agreement") is entered into this
11t day of August, 2025, by and between the City of La Quinta, a California municipal
corporation and charter city ("City"), and the Coachella Valley Rescue Mission, a 501(c)(3)
nonprofit organization ("CVRM").
RECITALS
WHEREAS, the City, through acquisitions or gifts pursuant to (among other
programs) the La Quinta Art in Public Places Program, Chapter 2.65 of the La Quinta
Municipal Code ("APP" and "APP Program"), owns a collection of various original works
of art, and desires to increase awareness and exposure to the arts for the general welfare
and benefit of the community; and
WHEREAS, the City and CVRM mutually agree to a temporary loan of the Artworks
(as defined below) to CVRM for the purposes of display and enjoyment; and
WHEREAS, the parties mutually agree by this Agreement to provide for the parties'
respective interests in the Artworks (as defined below) and for procedures and
understandings governing its use, custody, protection and enjoyment.
TERMS
NOW, THEREFORE, the parties hereto agree as follows-
1 . Description of Artworks. This Agreement pertains to the loan of the artworks,
owned by the City, described in Exhibit "A" attached hereto and incorporated herein by
this reference (collectively, the "Artworks" and each, individually, an "Artwork"), with
reference to their titles, artists, and types of work.
2. Duration of Loan. CVRM shall accept the temporary loan of the Artworks for
a period of two (2) years, commencing on August 1, 2025, and ending on the loan
termination date of June 30, 2027 (the "Loan Period"). The Loan Period may be shortened
or lengthened in duration by mutual agreement between CVRM and the City.
3. Location of Artwork. CVRM agrees that the City shall have sole and absolute
determination as to the location and placement of each Artwork. In the event CVRM does
not approve of the proposed location, City may cancel this Agreement.
4. Transport and Installation. All transportation of the Artworks to CVRM,
proper installation, proper de -installation, and removal from CVRM shall be the
responsibility of the City, unless otherwise agreed to by CVRM and the City in writing. The
City shall bear the reasonable cost of such transportation, installation, de -installation and
removal. "Reasonable costs" means those sums set forth in Exhibit "B" attached hereto
and incorporated by this reference.
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5. Condition, Use, and Care of Artworks. City certifies that each Artwork is in
good condition. During the Loan Period, CVRM shall not loan any Artwork for exhibition or
other usage away from CVRM without the prior written consent of the City, which may be
granted or denied in City's sole and absolute discretion. Upon termination of this
Agreement, CVRM shall return the Artworks to City in as good condition as when CVRM
took possession thereof, ordinary wear and tear excepted. While each Artwork is in the
possession and care of CVRM, the City shall provide CVRM with written instructions for
appropriate maintenance of the Artwork. During the Loan Period, CVRM shall be
responsible for the appropriate maintenance of the Artworks based upon the written
instruction delivered to CVRM.
6. Insurance for Artwork. The City has the right to insure the Artworks against
damage or loss in an amount of equal value to that of the Artwork pursuant to any
applicable City -held insurance policy(ies), self-insurance, or pooling of assets for
insurance coverage by participation in the Joint Powers Insurance Authority.
7. Termination. In the event that the City determines, at its sole discretion, that
it no longer desires for CVRM to display any or all of the Artworks, then the City may
terminate this Agreement upon a thirty (30) days notice to CVRM, and the Artworks shall
be removed by the City in accordance with the terms stated in Section 4 within twenty-one
(21) days of the Notice of Termination by the City.
8. Title to Artwork. Except as provided in Section 9 below, the Artworks shall
remain the property of the City. However, pursuant to this Agreement, CVRM is entitled to
temporary custody and possession, and the City agrees to temporarily suspend custody
and possession of the Artworks for the Loan Period.
9. Warranty of Title and Rights of City. City warrants it is the owner of the
Artworks, that to the best of its knowledge none of the Artworks is presently subject to
claims of ownership, lien or encumbrance or to common law or statutory copyright claims
of any other person, institution, or domestic or foreign government, and that the City has
complied with all applicable domestic and foreign customs and export/import regulations.
The City hereby grants to CVRM, in perpetuity, the right to photograph, film, videotape, or
otherwise depict each Artwork at any time during the Loan Period and to use such
photographs, film videotapes or depictions at any time thereafter for purposes of promotion
relating to the exhibition or CVRM, provided CVRM gives artistic credit to the City (as
owner of the Artwork) concurrently with such uses.
10. Credit Line and Identification of Artist. During the Loan Period, the City shall
install and maintain a plaque near each Artwork identifying the applicable artist and name
of the Artwork. In addition, in any public announcements or promotions of any Artwork, or
of CVRM that utilize images of any Artwork, CVRM shall use the following credit line for
the Artwork: "Artwork on loan to CVRM from the City of La Quinta".
11. Integration. This Agreement, consisting of seven (7) pages and two (2)
exhibits, embodies the entire Agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to
IPA
the subject matter hereof that are not merged herein and superseded hereby, except as
set forth in this Agreement.
12. 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.
13. 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.
14. 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 without regard to conflict of law principles.
15. Legal Actions; 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 in equity, consistent with the purpose of this
Agreement. Such legal actions must be instituted in the Superior Court of the County of
Riverside, or in the Federal District Court in the district of California which includes
Riverside County.
16. 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.
17. 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.
18. Binding. This Agreement shall be binding upon and shall inure to the benefit
of the City and CVRM and their respective heirs, personal representatives, successors
and permitted assigns.
19. 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:
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To the City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Attn: Community Services Director
To CVRM: Coachella Valley Rescue Mission
47470 Van Buren St.
Indio, CA 92201
Attn: Davina Garcia
20. Severability. 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.
21. 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.
22. 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.
23. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute one and
the same Agreement.
[signatures on next page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY: CITY OF LA QUINTA, a California municipal
corporation and charter city
Jon Mc ity Manager
C4ty'bf La Quinta, California
ATTEST:
Monika Radeva, City Cl rk
City of La Quinta, California
William H. Ihrke, City Attorney
City of La Quinta, California
-[/ 1 (,2 /
Date
CVRM: Coachella Valley Rescue Mission a 501(c)(3) nonprofit organization
12jrinA &1-t
Davina Garcia
Coachella Valley Rescue Mission
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Date
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EXHIBIT "A"
DESCRIPTION OF ARTWORK
The City will loan selected pieces from the Art in Public Places Program (APP Program)
collection to the Coachella Valley Rescue Mission (CVRM). This loan is made in recognition
of CVRM's vital work in the community, particularly in providing safe and supportive housing
and programs for those in need. By loaning artwork, the City aims to bring color, vibrancy, and
a sense of belonging to the facility, creating an uplifting environment for its residents and staff.
Location of Installation
• The artwork will be installed in prominent and accessible locations within the new
CVRM housing facility for women and children, including the main entry lobby, common
gathering areas, and the hallways adjacent to family living quarters.
• Specific placement will be determined collaboratively by representatives from the City
and CVRM to ensure maximum visibility and impact.
Installation and Maintenance
• The City's art maintenance contractor will install the Artwork, ensuring that each piece
is securely and professionally mounted in accordance with best practices for public art
display.
• The contractor will also provide ongoing maintenance and repair services as needed
throughout the loan period, ensuring the artwork remains in excellent condition.
• All installation and maintenance activities will be coordinated with CVRM staff to
minimize disruption to facility operations and respect the privacy and needs of
residents.
Artworks to Be Loaned
The following artworks will be included in this loan (collectively, the "Artworks" and each,
individually, an "Artwork"):
• Profile of Indian Woman: Mario Cespedes (painting)
• Thunderbolt: Snake Jagger (painting)
• Family Portrait: Leo Posillico (painting)
• Cactus Flower: Judith Moore - Knapp (watercolor Painting)
• Beautiful Day: Bart Aldrich & Bennett Tsou (mixed medium/aluminum)
• Edge of Forever: Bart Aldrich & Bennett Tsou (mixed medium/aluminum)
• Lost Horizon: Bart Aldrich & Bennett Tsou (mixed medium/aluminum)
• Box Canyon: Dennis Kohn (mixed media)
• Mountain View: Joanne Casey (mixed media)
• Well Worn: Anthony Hansen (mixed media/sheet metal)
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EXHIBIT "B"
REASONABLE COSTS
The City agrees to cover all reasonable costs associated with the installation of the Artwork at
the Coachella Valley Rescue Mission, located at 47470 Van Buren St., Indio, CA 92201.
The City will coordinate and work in collaboration with its designated art maintenance
contractor to ensure the safe and proper installation of the Artwork.
• All expenses incurred for the installation, including but not limited to transportation, site
preparation, equipment, and contractor fees, shall be the responsibility of the City.
The City shall keep the CVRM reasonably informed regarding the installation process
and schedule.
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