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Home My WebLink About1999 Resolution No. 079RESOLUTION NO . .21 SERIES OF 1999 A RESOLUTION AUTHORIZING A CONTRACT FOR THE ART IN PUBUC PLACES PROGRAM BETWEEN THE SOCIETY FOR THE PRESERVATION OF HUMANITY AND THE CITY OF ENGLEWOOD, C:OLORADO. WHEREAS, the City Council or the City or Englewood p88Nd Reeolulion No. ~ Seriu or 199&, whicu ,ec.-immen~ed annual funding for an "Arta In Public Place■ Program"; and WHEREAS, the Englewood CJ.lrural Ar<a Commiuion haa been in the proce11 of evaluating and aelecling potenlial urt f'or placement in Englewood Parka and raoommenda the approval or this Contract; and WHEREAS, the "Contract" betweeu "The Society For The Preaervalion or Humanity" and the City ie for the eatabliahment or a aculpture garden with ten ICU!pturea, which ahall inclutle · ,ninin,•un or three aculpturu by Colorado artists, along Little Dry Cn,ek Gn,enway eaet or the plaza . or a period or two years; and WHEREAS, the Contract state• the Society will only place ICU!ptures approved by the Englewood Cultural Arta Commission and the City; NOW, THEREFORE, BE IT RES0LVED BY THE CITY COUNCIL OF THI' '1TY OF ENGLEWOOD, COLORADO, THA'f: Sm:tilm.1-The Contract, for "The Art In Public Placea Program" between the City and the Society for the Preaervalion of Humanity, attached hereto u "Elhibit A,• ie hereby accepted ,md approved by the Englewood City Council. ~-The Mayor ie authorif.ed to execute imd the City Clerk to atteet and eeal the License Agreement for and on behalr or the City of Englewood, Colorado. ADCPTED AND APPROVED this 19th day of July, 1999. A~. ~Cit~- ,,.._...,,,.,o, • .,_,...,. ••• ,~-"" above ie a true copy of ileeolution No .'.lL Series nf 1999. . "c{f<) ~ • • • CONTRACT THIS CONTRACT is made and entered into thia /?~y of~ 1999, by and between the CITY OF ENGLEWOOD, a Home Rule c·~ und ,r and Ly virtue of the law a of thr, State of Colorado, whoee legal addre88 is 3400 South Elati Street, Englewood, Colorado 80110, hereinafter referred to aa the "City" and THE SOCIETY FOR '!'HE PRESERVATION OF HUMANITY hereinafter referred to aa the "The Socioty." WHEREAS, the Society has submitted its prop088l to the City in November of 1998, for the creation, and construction of a sculpture garden (a collection of two or more aculpturea placed outdoors in cloae proximity) to be placed in park or open space areas of the City of Englewood, Colorado. WHER!-:AS , the City baa elc-ted to accept the prop01al ,,fthe Society, aa proposed and preranteri to tl:i• City; WHEREAS, the City ~nd the Society mutually desire to enter into thia Contract regarding the establishm•nt of a aculpture garden; NOW, THEREFORE, for the consiaeration herein e.pre1Bed it is hereby agreed upon by and between the City and the Society aa follows: l. This Contract shall be for a period of two (2) years from the date of the tumpletion of the installation of the ten (10) aculptures and acceptance by the City of th• sculpture, subject to annual appropriation. Any provision of thia agreement 01 ·ta attachmen~ which impooe upon Grantee, directly or indirectly, any financial obligation whatsoever to be performed 01· w;.;ch may be performed in any 6acal year aub .. quent to tha year of execu-~on a: thia agreement is expre1Bly made contingent upon and subject to fwida for such financial obligation be appropriated, budgeted and otherwise made available. 2. This Contract is renewable for add; '.ional periods of two (2) years by mutual agreement of the parties at least thirty (30) days before t'3e termination of thia Contract. 3. U either party fails to fulfill any obligations of, or viola tea any of the terms of this Contract, the other party shall have the right to terminate tl,js Contract with thirty (30) days written notice. Any money owed by the City shall be pro-rated based on the percentage of performance. Acta To Be Performed Bx The Society: l. The Society will provide ten (10) aculp~ures for display in the Sculpture Garden(a) which shall include a 'Dinimum of three (3) sculptures by Colorado artists who shall be selected from a call for entries conducted by the Society . 2. The Society agrees to orly place aculpturee approved by the Cultural Arta Commiaaior, and the City of Englewood . • 3. The Society agreea that the City hu the ri1ht to deD,Y approval of &11,J aculp,ure for 8117 reuon. 4. After inltallation, if the Enslewood CiiJ.lllrallma.Commbaiou determimo 811,Y piool al oculpture to be unacceptable, the Society ·rill n,move the piece within Nven ('7) daya o£ notification whether verbal or written, the actual coot of removal and iDltallalioD al the replacement piece ohall be paid by the City, from ,he Art in Public Placea Pund, not to exceed five h11Ddred dollar, ($500). 5. Sculpture• shall be iuetalled within ninety (00) days of the ■isnlng of thia Contract by the City. 6. The Society shall trflnar ,rt, antl iuetall, and shall provide necessary eecurity pedeetala, identification plaque•, maintenance and repair for the ten (10) sculptures at 1ta aole cost. 7. Th• Society's plan for iuetallation procedures and methods; safety mauures and maintenance procedures will be submitted to the City for approval be{ore the commencement of inatallation. 8. The Society agrees to remove torafliti punuant to the proviaioua of the ED1lewood Municipal Code. If the Societ:,· baa not removed the graffiti after notice puT&uant to the Code, the City may reL1ove s11id graffiti and the Society shall pay for the coats of tb.e removal. The City shall not be reapouai ble for damage to eculpturea ae a result of graffiti removal . 9. The Society agrees to reaolve 811,Y public oafety issues within twenty-four (24) houn, of notification, either verb..! or in writiDS, by the City. If the Society fail■ to repair the dangerous condition or the graffiti within the twenty-four (24) hours, the City may make 811,Y repsin it deems neceaaary up to and including removal of eculpture with the coats of such repain p~id by the Society. 10. The Society will prepare and provide to the City 500 brochures for publicity purpoens. Said brochures shall describe the Sculptv.re Garden Sculptm-ea and Artists. Thia brochure may, but ia not required to be, reproduoed by the City. 12. Society agrees t~~ the City ahall not be responsible for any vandalism, theft, or other damage to the Sculptures, plaques or supporting bases. 13. The Society shall maintain liability in,urance coverage in the amount of $1 ,000,000, for the duration of the project. 14 . The Society agrees to participate in the r.eremony which opeua the Sculpture Gardens. 15. The Society agrees to hold barmleaa the City from any and all liability associated with the display of th• sculpture after installation. t eta To Be Performed Ilv The Citv : I. The City shall pay the Society for their services and other obligo ,;""' reqllired to be performed under this Contract including to but not limited to providing the eculpturea and setting up and maiDtaiuiDg the oculp,ures. The total amount that the City shall -2- • pay under tbil Contract will be oleft11 thoUUDd and two hundred dollan ($11,200). The payment ailall be in the fi>llowiq 111111.Ar: aix tholll8nd and two hundred dollan ($6,200) upon tho ai111W11 of 1h11 Contnd; two thouaand five hUL ·m dollara ($2,500) upon the 00,npletion of the inatallalian of the aculptUNa to the City, 11tiafaction; and two thouaand five hundred dollan ($2 ,lifX,; at the ead of the tint year of thl. two (2) year contract. 2. No aculpture ahall he placed in the Sculpture Gan!ena without having been approved by the Englewood Cultural Arla Commiaaion and the City of Englewood . 3. Selection of aculpture piecoa ahall he at the aole diacretion of the City. 4. The site or sites for Sculpture C>rden will he at the oo1e diacnltion of the City, 10 lono 111uch aite(s) ia in a City owned park nr open space. :i. 't'he City shall not alter, move or nmova the aculpturea or the information plaqw,, nor place any ob■tacle which might hlock the view of the oculpture wi thout the written permiaaion of the Society except in cues of public mty. ~-The City •hall ootify the Society of any changeo w""" or develapment on or near the site of the Sculpture Go.rden. SOCIETY FOR THE PRESERVATION OF HUMANITY CITY OF ENGLEWOOD ~ ~~ -·t~ -Ir--~-------- -3- ,_, ldour1111ce llaDq-t 8:,•t-, 11ilco' 7915 E, Arapallo._ Court, Englewood, CO ,80112 The Society for the Pr11ervat1on ·of 1511 S, J.>ckaon Strut . •· D•nv,r, CO 80210 ··' · 1l<ISISTOcaonF'l'TIIAT-l'CllCEIOl'-Ulll!D-.OWIMW!--10TtEleHD-"'1(NEFOATIE1'0U.-:Yl'EROO INOICAm>, NCnWmeT---• TaWOR C0Nl)fT10H Ol'-COlfflW:TOR OIHEA D0CIJIIENT WITH IIUl'£CT Ttl WHICH ntS CERTIFICA~ MAY BE ISSUED OR fiAY "91TAN. 1,E 1N1U1W«:E. 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