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Reso 2021-3256
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Reso 2021-3256
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Last modified
10/28/2021 12:03:09 PM
Creation date
10/28/2021 11:17:58 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3256
Date (mm/dd/yyyy)
10/21/2021
Description
Approving an agreement w/ Szabo Artworks, Inc. for the design & construction of a custom art fountain sculpture for Meditation Garden at Town Cntr Prk
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inspect the Site to ensure that it is in a condition to accept the installation of the Artwork <br />and compliant with the specifications provided by the Artist. The Artist shall notify <br />City, in writing, of any perceived conflict, defect or non-compliance of the Site with <br />the specifications. Said notice shall specifically identify and describe the perceived <br />conflict, defect, or non-compliance. The Artist's failure to notify the City of any issues <br />with the Site, or Artist's failure to inspect the Site, shall be deemed as an acceptance <br />of the Site conditions by Artist. <br />h. The Artist shall obtain, at its sole cost and expense, all permits and regulatory approvals <br />necessary in performance of this Agreement. <br />i. The Artist shall provide required insurance in the amounts and limits specified in <br />Article 5 and Exhibit C, which is attached hereto and incorporated herein by reference. <br />j. The Artist shall inform the City of the progress of each phase of work completed under <br />the Agreement in the form of photographic documentation and written description as <br />set forth in Exhibit B, which is attached hereto and incorporated herein by reference. <br />1.2 City's Obligations <br />a. The City shall assign a Project Coordinator to work with the Artist during the duration <br />of the Agreement. <br />b. The City shall be responsible for providing the Artist, at no expense to the Artist, copies <br />of existing designs, drawings, reports, list of required permits, and other existing <br />relevant data, if any, which is needed by the Artist in order to provide the Services. The <br />Project Coordinator will facilitate Artist's application for any permits required to <br />perform the Services. <br />c. The City shall be responsible for compliance with all applicable laws and regulations, <br />including but not limited to zoning or environmental regulations, and prior to Artist's <br />development of design, shall provide to the Artist in writing an explanation of any <br />specific limitations imposed by such laws and/or regulations that may impact the <br />Artwork or its installation. <br />d. The City shall prepare the Site in accordance with the specifications detailed in the <br />approved and permitted design concept in Section 1.3 of this Agreement. The City shall <br />be responsible for all expenses, labor and equipment to prepare the Site for the timely <br />transportation and installation of the Artwork. The City shall complete the Site <br />preparations by the scheduled installation date as provided in the Proposed <br />Schedule/Timeframe included in Exhibit A, or shall contact the Artist in writing <br />informing him or her of any delays. <br />e. In the event that the City fails to prepare the Site in accordance with specifications as <br />provided, or Artist is refused access to the Site as reasonably required, the Artist shall <br />be excused from any delay occasioned by such failure of access or preparation, and the <br />City shall be responsible for the cost of safe storage of the Artwork pending the <br />rescheduled installation, as well as additional costs and fees incurred by the Artist (if <br />any) occasioned by the delay. <br />f. The City shall be responsible for any landscaping, structural or finishing modifications, <br />and electrical supply and connection necessary to integrate the Artwork into the Site <br />before and after its installation, in accordance with the specifications detailed in the <br />approved and permitted design concept in Section 1.3 of this Agreement. <br />g. The City shall provide and install a plaque on or near the Artwork containing a credit <br />to the Artist and a copyright notice substantially in the following form: Copyright <br />Michael Szabo, date of publication. if the plaque is to be placed on the Artwork or <br />Artwork pedestal, it should be done in consultation with the Artist. <br />2 <br />
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