05-1063Agency File #��,Q�
Presented by
WHEREAS, the City of Saint Paul has contracted with Harriet Bart, an Artist, for the design of a glass panel
door with complementary wall for the Rondo Community Outreach Library; and
4 WHEREAS, the Artist has warranted that for a period of four yeazs after the installation and acceptance of the
5 Artwork that is will be free from material defects and has agreed to indemnify the City against any claims which
6 result from damages or injuries caused by the ArtisYs ar her subcontractors' duties and responsibilities under the
7 Agreement; and
9 WHEREAS, once the City has accepted title to the artwork, it will be installed in a public location, accessible to
10 members of the public, and the City will assuxne control of the Artwork, and the Artist has requested
11 indemnification by the City for any claims which do not result from the ArtisYs or her subcontractors' duties and
12 responsibilities under the Agreement; and
13
14 WHEREAS, the expenditure of public money in the form of a promise of indemnification serves a public
15 purpose in allowing the display of the Artwork; now, therefore, be it
16
17 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to
18 defend, indemnify, and hold Harriet Bart harmless from any and all damages as a result of suits, claims, actions, ar
19 judgments arising out of the display of her Artwork at the Rondo Community Outreach Library, except to the
20 extent that those damages are caused by the Artists' or is agents' actions or omissions with respect to any of his
21 duties and responsibilities under the Agreement.
22
23 FURTHER RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the municipal
24 tort liability lim set fo in M inn. Stat. § et seq.
Requested by Public Library D'uector
By: i��tQ�1�- ��,�,,�...
Form Approved by ity Attorn� �
By: �
Approval Recommended by D'uector of Financial Services
Adoprion Certified by Council Secretary
Green Sheet # 3028700
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA !�j
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Adopted by Agency: Date �p��C.W..��'n `� a�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DeparhnenUofficekounciL• ' Date Initiated: �_ ���
�� - L�� ��� Green Sheet NO: 3028700
CoMact Person & Phone:
Lee Williamson
266-70H0
Must Be on Couneil Agen�
� '
Assign
Number
Por
Routing
O�dr.v
0 Traries �
1 braries De artment Direetor
2 ' A m
3 r' a nt
4 omcil
5 ' Clerk Cti Clerk
Contract Type:
RE-RESOLUiION
ToW I# of SignaW re Pages
(Clip NI Loptions for SignaWre)
Action Requested: � -
Council Resolution to indemnify Hatriet Bart, an ar[ist, for artwork at the new
Rondo Library
wattons: Appro�e (A) or F
Planning Commission
GB Committee
Citii Senice Commission
rersona� aervice convac[s mustMSwerthe Following Qugstions:
'�b
1. Has this personlfimi ever waked under a contrect for this depaAment?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfinn possess a skill rwt nofmally possessed by arry
cumeM city employee?
Yes No
Explain all yes answers on separate sheet and atfach to green sheet
Initiating Probiem, Issues, Opportunity (Who, Wha; When, Where, Why):
The Library has conlracted with Harriet Bart for the design of a glass pauel door at the new Rondo Community Outreach Library.
resolution will indemnify Ms. Bart.
AdvanWgeslfApproved:
The City will be able to display the artwork.
DisadvantaAes MApproved:
None
DisaWanfages If NotApproved: �
The Library will not be able to complete the public art portion of the Rondo Project.
Transaction:
Funding Source:
Finan cial Information:
(Explain)
CostlRevenue Budgeted:
�ry�H Number:
November4, 20059:18AM Page 1