HomeMy WebLinkAbout028153 ORD - 05/12/2009Page 1 of 1
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
GIFT AGREEMENT WITH GULF COAST INDIAN CONFEDERATION OF
CORPUS CHRISTI REGARDING DONATION OF BRONZE
SCULPTURE COMMEMORATING THE NATIVE AMERICANS IN
CORPUS CHRISTI TO BE LOCATED IN HANS SUTER PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute a Gift Agreement
with the Gulf Coast Indian Confederation of Corpus Christi to accept donation of
bronze sculpture commemorating the Native Americans in Corpus Christi to be located
in Hans Suter Park. A copy of the Agreement is on file in the City Secretary's Office
and a copy is attached.
Armando Chapa
City Secretary
APPROVED May 5, 2009
otth
Lisa Ag
Assistan ity Attorney
For City Attorney
CI • F CORPUS CHRISTI
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my Gar ft
Mayor
028].53
Corpus Christi, Texas
/ 7f4 of
2009
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
0281.53
Page 1 of 6
AGREEMENT FOR ACCEPTANCE OF ART
BETWEEN THE CITY OF CORPUS CHRISTI AND GULF COAST INDIAN CONFEDERATION
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 Gulf Coast Indian Confederation
of Corpus Christi of [insert mailing address] Corpus Christi, Texas
("Confederation").
WHEREAS, the Gulf Coast Indian Confederation of Corpus Christi desires to commission a
bronze sculpture commemorating the Native Americans in Corpus Christi, Texas,
NOW, THEREFORE, the City and Confederation, 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 Confederation shall commission artist David McGary to provide
professional services in designing, constructing, finishing, transporting, and installing a
permanent work of art created in bronze which commemorates the Native Americans in Corpus
Christi, and including a circular walking area around the statue, together known herein as the
Artwork ("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 Confederation acknowledge that Confederation's preliminary design for the
Artwork 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 Agreement, continues so long as the Artwork is
maintained on City property.
Section 4. Compensation.
The Confederation is responsible for all payments for the Artwork including construction,
installation, repair and proper maintenance. The City has no obligation for the installation,
repair or maintenance of the Artwork.
Section 5. Gift of Artwork.
The Confederation will gift the Artwork to the City upon its completion and complete installation
at Hans Suter Park.
Section 6. Location of Artwork.
The exact location for Artwork installation at Hans Suter Park shall be determined by the
Director ("Project Premises").
Page 2 of 6
Section 7. Construction of the Artwork. The Confederation shall comply with all applicable
City codes regarding construction and installation of the Artwork.
Section 8. Installation of the Artwork. Upon completion of the statue, the Confederation
shall send notice to the Director at least forty-five days prior to the projected date of installation.
The parties anticipated completion date of the Artwork is . Confederation
shall not commence installation of the Artwork until all insurance is obtained as required by Risk
Manager.
Confederation shall provide plans and specifications for installation of the Artwork.
Confederation shall be contractually responsible for all completion costs associated with
construction and installation of the Artwork. Confederation shall be contractually responsible for
the physical installation of the Artwork and all completion costs associated with the installation
of the Artwork at the Project Premises.
Section 9. Artwork Maintenance. Confederation shall remain responsible for Artwork
maintenance and repair so long as Artwork is installed at City property.
Section 10. Taxes.
Confederation 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 services provided by Confederation or
with the Artwork that is the subject of this Agreement. This provision survives the expiration or
earlier termination of this Agreement.
Section 11. Insurance.
At least fourteen (14) days prior to delivery of the Artwork to City property, Confederation shall
notify the City Risk Manager and obtain insurance as required by the City Director of Risk
Manager.
Section 12. Independent Contractor; Lack of Contractual Authority.
A. Confederation shall perform all work and services under this Agreement as an
independent contractor and not as an agent, representative, or employee of the City.
B. This Agreement does not establish Confederation as the agent or legal representative of
the City for any purpose whatsoever, and Confederation is not granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of,
or in the name of, the City or to bind the City in any manner whatsoever.
Section 13. Title; Copyright and License to Reproduce.
A. Title to the Artwork will pass to the City upon final written acceptance from the City Director.
B. In its contract with artist David McGary, Confederation shall ensure that the City is granted
the right by the artist for an irrevocable license to graphically reproduce, through photography or
otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all
preliminary studies, and to authorize third parties to graphically reproduce, through photography
Page 3 of 6
or otherwise, any and all of the same as are desired by the City for any purpose deemed
appropriate by the City Manager. The rights granted by this subsection survive the termination
of this Agreement.
Section 14. Identification Label. The Confederation shall prepare, at its own expense, an
identification label indicating Confederation'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 15. Warranties.
A. The Confederation shall ensure that the Artist warrants to the Confederation and the City
that the Artwork shall be designed to last for 20 years or more.
Section 16. Risk of Loss. Confederation is responsible for risk of loss or damage regarding
the Artwork until Confederation has completed installation of the Artwork and City Director has
provided Confederation with City Director's final written acceptance of the Artwork.
Section 17. Indemnification. Confederation "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 lndemnitor or of any agent or employee
of lndemnitor pursuant to performance under the terms of this Agreement. The Indemnitor
covenants and agrees that, if the lndemnitee 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 lndemnitee, 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 18. Collection Management.
The City reserves the right to manage its collection of art, including the Artwork, for public
purposes and, in doing so, may determine that it is necessary to relocate or remove the
Artwork or modify the site in or on which it is located. This reservation of rights by the City
survives the expiration of this Agreement.
Section 19. Force Majeure. No party to this Agreement will be liable for failures or delays in
performance due to any cause beyond their control including, but not limited to, any failures or
delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, and riots or interference by civil or military
authorities.
Page 4 of 6
Section 20. Venue. All actions brought to enforce compliance with this Agreement must be
brought in Nueces County, Texas, where this Agreement was executed and will be performed.
Section 21. Interpretation. This Agreement will be governed by and construed in accordance
with the laws of the State of Texas.
Section 22. Notice.
A. All notices, demands, requests, or replies provided for or permitted, under this
Agreement by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States Postal
Service as certified or registered mail, return receipt requested, postage prepaid; (3) by
fax transmission.
B. Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective two (2) business days after deposit with the United States
Postal Service Notice by fax is deemed effective upon proof of delivery to the receiving
party. All communications must only be made to the following:
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
SaIIvG(c@cctexas. com
IF TO CONFEDERATION:
Gulf Coast Indian Confederation
Telephone:
Fax or email:
C. Either party may change the address to which notice is sent by using a method set out
above. Confederation shall notify City of an address change within ten (10) days after
the address is changed.
Section 23. 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:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
'Angel R. Escobar
City Manager
APPROVED AS TO LEGAL FORM 2009
Page 5 of 6
Lisa Aguilar, Assistant City Attorney
for City Attorney
GULF COAST INDIAN CONFEDERATION
By:
Printed Title
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 2009, by
as the (title) for the Gulf Coast Indian
Confederation, a (type of organization), on behalf of said
organization.
Notary Public, State of Texas
Seal:
My Commission Expires Notary's Printed Name
Page 6 of 6
LIST OF ATTACHED EXHIBITS
Exhibit A: Representative Design and Plans and Specifications for Artwork
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