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HomeMy WebLinkAbout028152 ORD - 05/12/2009Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH THE ART MUSEUM OF SOUTH TEXAS FOR PLACEMENT OF KENT ULLBERG SCULPTURE AT WATERGARDEN AREA FOR TERM OF 5 YEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute an Agreement with Art Museum of South Texas for placement of Kent Ullberg Sculpture at Watergarden area. A copy of the Amendment is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinan e%/ assed and t ces effect upon first reading as an emergency measure this the (-LL day of 2009. ATTEST: THE CITY OF CORPUS CHRISTI Tha Armando Chapa City Secretary Approved: MAA6 By: ".ten-; Lisa Aguilar Assistant City Attorney For City Attorney H:\LEG-DIR\Lisa\2009 OrdinanceWrt Museum of South Texas.doc my Garre Mayor 028152 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, enry Ga ett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett 1,J p� Melody Cooper r�Y'Y0e""" Larry Elizondo, Sr. L Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028152 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ART MUSEUM OF SOUTH TEXAS FOR PLACEMENT OF KENT ULLBERG SCULPTURE This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Art Museum of South Texas of 1902 S. Shoreline Blvd. Corpus Christi, Texas ("Art Museum"). WHEREAS, the Art Museum desires to place Kent Ullberg bronze statue of bison bull on property of the City located near the Corpus Christi Watergarden and Art Museum of approximate size of 1 1/3 life size; NOW, THEREFORE, the City and Art Museum, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 2. Artwork. The Art Museum has commissioned artist Kent Ullberg to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in bronze ("Artwork"). A representative design of the Artwork, including plans and specifications, is attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Art Museum acknowledge that Art Museum's preliminary request for placement of the Artwork on city property has been reviewed and approved by the City's Arts and Cultural Commission and the Parks and Recreation Advisory Committee. Section 3. Term of Agreement. This term of this Agreement is for five years. Section 4. Compensation. The Art Museum is responsible for all payments related to the Artwork, including installation and proper maintenance. The City has no responsibility to contribute funds for the Artwork. Section 5. Ownership of Artwork. The Art Museum will continuously own the Artwork. It is part of the permanent collection of the Art Museum. Section 6. Location of Artwork. The exact location for Artwork installation is identified on the attached exhibit ("Project Premises"). Upon completion of the Artwork, the Art Museum shall send notice to the Director at least thirty days prior to the projected date of installation. Upon expiration of this Agreement, Art Museum arrange for removal of Artwork. Section 7. Installation of the Artwork. Art Museum will be contractually responsible for all completion costs associated with construction and installation of the Artwork. Art Museum shall be contractually responsible for the physical installation of the Artwork including obtaining any applicable permits, and also responsible for all completion costs associated with the installation of the Artwork at the Project Premises. Art Museum shall not allow any liens to attach to City property associated with the installation or maintenance of the Artwork. Section 8. Artwork Maintenance. Art Museum is responsible for Artwork maintenance so long as Artwork is installed at City property. Section 9. Identification Label. The Art Museum shall prepare, at its own expense, an identification label indicating Art Museum's name, the Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. Section 10. Taxes. Art Museum is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to Artwork that is the subject of this Agreement. Section 11. Insurance. At least fourteen days prior to delivery of the Artwork to City property, Art Museum shall notify the City Risk Manager and obtain insurance as required by the City Director of Risk Manager. Art Museum is responsible for insuring the Artwork. Section 12. Indemnity. Art Museum ("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design, fabrication, installation, repair, restoration, maintenance or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. This provision survives the expiration or earlier termination of this Agreement. Section 13. Notice. IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard; 3rd FI P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3461 (361) 880-3864 Fax SallvG(c!cctexas. com IF TO ART MUSEUM: Art Museum of South Texas Attn: Joseph B. Schenk, Director 1902 N. Shoreline Corpus Christi, TX 78401 (361) 825-3500 (361) 825-3520 Fax joe.schenk@tamucc.edu A. Either party may change the address to which notice is sent by using a method set out above. Art Museum shall notify City of an address change within ten (10) days after the address is changed. Section 14. Property Management. The City reserves the right to manage its facilities such as Watergarden, and in the event that work on City facilities requires relocation of Artwork, then such relocation shall be at expense of the Art Museum. This reservation of rights by the City survives the expiration of this Agreement. Section 15. Modification or Amendment. Modification or amendment of any of the terms of this Agreement is effective upon written authorization of each of the parties to this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the _ day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 'Angel R. Escobar City Manager APPROVED AS TO LEGAL FORM 2009 Lisa Aguilar, Assistant City Attorney for City Attorney ART MUSEUM By: Printed Title Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2009, by Notary Public, State of Texas Seal: My Commission Expires Notary's Printed Name LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Exhibit B: Location fikki 6-E- 13 Article I. ART MUSEUM'S LIABILITY INSURANCE A. Art Museum must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Art Museum must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Art Museum must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, material change, non -renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury- Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Property Coverage for Artwork Full value of Artwork C. In the event of accidents of any kind, Art Museum must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General Liability coverage is required. Page 6 of 6 • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • Insurance Carrier must be rated in A. M. Best with a minimum acceptable rating of A -vii or better. • The name of the project must be listed under "Description of Operations" • At a minimum, a 30 -day written notice to the Risk Manager of cancellation, material change, non -renewal or termination is required. 2009 Art Museum Artwork on City property ins req. 4-27-09 ep Risk Mgmt.