05-1064Agency File # , ' ��"�
Green Sheet # 3028701
RESOLUTION
CITY OF SAINT PAUL PUBLIC, MINNESOTA
Presented by
I l
1 WHEREAS, the City of Saint Paul has contracted with Seitu Jones, an Artist, for the purchase of a mixed
2 media sculptural installation for the children's azea of the Rondo Community Outreach Library; and
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4 WHEREAS, the Artist has warranted that for a period of four years after the installation and acceptance of the
5 Arlwork that is will be free from material defects and has agreed to indemnify the City against any ciaims which
6 result from damages or injuries caused by the ArtisYs or his subcontractors' duties and responsibilities under the
7 Agreement; and
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WHEREAS, once the City has accepted title to the arlwork, it will be installed in a public location, accessible to
members of the public, and the City will assume control of the Artwork, and the Artist has requested
indemnificarion by the City for any clanns which do not result from the ArtisYs or his subcontractors' duties and
responsibilities under the Agreement; and
WHEREAS, the expenditure of public money in the form of a promise of indemnification serves a public
purpose in allowing the display of the Artwork; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to
defend, indemnify, and hold Seitu Jones harmless from any and all damages as a result of suits, claims, actions, or
judgments arising out of the dispiay of his Artwork at the Rondo Community Outreach Library, except to the
extent that those damages are caused by the Artists' or is agents' actions or omissions with respect to any of his
duties and responsibilities under the Agreement.
FURTHER RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the municipal
tort liability limits set forth in Minn. Stat. §466A1 et seq.
op on e e y Counci ecretary
Requested by Public Library D'uector
By: �tJ�XT�XXX/aR��XJA�eNV�.
Form Approved b City Attorney"�
By: �� -
f1 `, ,,, ,,, �� f� a Approval Recommended by D'uector of Financial Services
Adopted by Agency: Date 1_ 1( �vc.v �+-+d l �.�]�
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Ad ti C rtifi d b 1 S
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� Green Sheet GreemSheet Green Sheet Green SheetGreen Sheet Green Sheet
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Dafe InNated:
�,,.� Green Sheet NO: 3028701
CoMact Person 8 Phone: -'
Lee Williamson
2667bB0 p��y�
Must Be on Counci! Agenda by (Date): Number
For
Routing
Order
ContractType:
RE-RESOLUTION
Total#ofSignaturePages � (CIipNlLocationsforSignature)
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0 raries
1 b�aries De ariwent Director
2 ' Attora
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4 omN
5 ' G7erk - � Ci Clerk
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Action Requested: �a}�4? ����
Council Resolution to indemnify Seitu Jones, an artist, for ariwork at the new �� § 8'
Rondo Library .
idations: Approee (A) or R
Planning Commission
CIB Canmittee
Cieil Service Commission
the Following
1. Has this persoNfirtn e�er wvrked under a contracl for this departmetrt?
Yes No
2. Has this persoNfirm eeer been a city employee?
Yes No
3. Does this persorJfirtn possess a skill rrot nortnally possessed by any
cuireM city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, Wha; When, Where, Why):
The Library has con[racted with Seitu Jones for the purchase of a mixed media sculptural at the new Rondo Community
Lib[ary's children's azea. This resolurion will indemnify Mr. Jones.
AdVanfages IfApproved:
The Ciry will be able to display the artwork.
Disadvanta9es !f Approved:
None
Disadvantages MNotApproved:
The Library will not be able to complete the public art portion of the Rondo Project.
Transaciion:
Funding Source:
Financial Infomiation:
(Explain)
CosURevenue Budgeted:
Ac£rvity Number.
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November 4, 2005 9:38 AM Page 1