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05-1065Agency �le # �' ��p5 Green Sheet# 30z87o2 Presented by RESOLUTION CITY OF SAINT PAUL PUBLIC, MINNESOTA �Z 1 WHEREAS, the City of Saint Paul has contracted with Susan Warner, an Artist, for the purchase of a hand- 2 made tile installation on the fireplace facade of the Rondo Community Outreach Library; and 3 4 WHEREAS, the Artist has warranted that for a period of four years 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 clauns which 6 result from damages ar injuries caused by the ArtisYs or her subcontractors' duties and responsibilities under the 7 Agreement; and 9 WFIEREAS, 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 assume control of the Artwork, and the Artist has requested 11 indemnification by the City far 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 pubiic money in the form of a promise of indemnificarion serves a public 15 purpose in allowing the display of the Artwark; now, therefore, be it 16 17 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of 5aint Paul hereby agrees to 1 S defend, indemnify, and hold Susan Warner harmless from any and all damages as a result of suits, claims, actions, 19 or 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 limits set forth in Minn. Stat. §466A1 et seq. Requested by Public Library D'uector Adoption Certified by Council Secretary B .' �. Approved b' ay s: Date ����.� By: —_� B I�� Form Appro �d iry City Atto� ''� i,�� / ivw By: s L Approval Recommended by D'uector of Financial Services � Mayor for Adopted by Agency: Date �� �� a�5 —� .., 'i � Green Sheet Green.Sheet Green.Sheet Green Sheet Green Sheet Green Sheet � u -L,�,;a ConpctPerson & Phone: Lee Williamson 26G-7080 Must Be on Council /�qen� ContraM Type; RERESOLlJT10Pf (R$ oa-NOV-os � ' Assign Number For Routing OMer Total # of SignaWre Paq 1_ (Clip All Locations for Signature) Action Requested• Council Resolution to indemnify Susan Warner, an artist, for ar[work at the new Rondo Library. Planning Commission CIB Committee CiHI Senice Commission CostlRevenue Budgeted: IniUating Problem, Issues, Opportunity (Who, WhaR When, Where, Why): The Library has conh�acted with Susan Wamer for the purchase of a handmade tile installafion at the new Rondo Commpnity Outreach Library. This resolution will indemnify Ms. Warner. � , AdvanWges.IfApproved: The City will be able to display the artwork. DisadvantageslFApproved: None Disadvantages If Not Approved: The Libcary will not be able to complete the public art portion of the Rondo Project. Trensacfion: Funding Source; Financial Information: (Facplain) Novembe�4, 20059:37AM. Green Sheet NO: 3028702�_���� 0 �brariec i ibrariee De ar[meoi Director 2 ' Attoro 3 avo ' Offiss M vo /Ass'sta t � 4 ouoN 5 'ty Clerk CiN Cl k � * � 1. Has this persoNfirtn eeer wo�lced under a contract for this department? Yes No 2. Has this persoNfirtn e�er 6een a city employee? Yes No 3. Dces this persoNfirtn possess a skill rqt nortnally possessed by any current city employee? Yes No Explain all yes answers on sepa2te sheet and attach W green sheet Activiry Number. Page 1 h- ,�.'°.,e�r%Y;i� a'P^.+�8';Y�?v 4�. ,�#�.., �` 1 ��.�.��.