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HomeMy WebLinkAbout09057RESOLUTION NO 9057 A RESOLUTION APPROVING AN AGREEMENT FOR ARTISTIC SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND TOM AND JEAN LATKA OF LATKA STUDIOS, RELATING TO THE HARP INTERPRETIVE FLOOD WALL PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An Agreement dated July 10, 2000, between the City of Pueblo, a Municipal Corporation, and Tom and Jean Latka, (the "Agreement "), in substantially the same form and with substantially the same content as the copy attached hereto, is approved. SECTION 2 The President of the City Council is authorized and directed to execute said Agreement in substantially the same form and with substantially the same content as the copy attached hereto, for and on behalf of the City, but with such minor changes, modifications, additions or deletions therein as President of the City Council and the City Attorney shall deem necessary, desirable or appropriate in the best interests of the City, and City Clerk shall attest same. SECTION 3 Funds from the State Historical Fund grant, Number 98 -02 -046, shall not to exceed $25,000. SECTION 4 This resolution shall become effective upon final passage. INTRODUCED: JULY 10, 2000 APPROVED: • PRESIDENT OF CITY COUNCIL ATTEST: • f 4_.'\ . CITY CLERK Council Agenda Agenda Item # TITLE: A RESOLUTION APPROVING AN AGREEMENT FOR ARTISTIC SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND TOM AND JEAN LATKA OF LATKA STUDIOS, RELATING TO THE HARP INTERPRETIVE FLLOD WALL PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME DEPARTMENT: Planning and Development DATE: July 10, 2000 ISSUE Should the City Council approve an Agreement for artistic services between the City of Pueblo and Tom and Jean Latka relating to the HARP Interpretive Flood Wall project? BACKGROUND The City of Pueblo has received a grant from the State Historical Fund (SHF) of the Colorado Historical Society in the amount of $26,000 for the development of the Historic Arkansas River Interpretive Flood Wall. The HARP Foundation is providing the local match in the amount of $25,000 from a donation from the Bonfil Stranton Foundation. The HARP Art Commission has selected Tom and Jean Latka to perform the work of the sculpture as part of the grant. The part of the project that the SHF is funding consists of 25 black granite tile with text and 25 black granite tiles with etched photographs. The City has researched the history of the Arkansas River; collected photographs and text; and has had a public presentation to gain input and comments on the project. The project is located on the south side of the HARP channel between Union Avenue and Victoria Avenue. The sculpture part of the project has been completed and installed. It depicts an abstract vortex image of the 1921 Flood. The black granite tiles which will interpret some of the history of the Arkansas River. The State Historical Fund grant will be required to be complete by September 30, 2000. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funds from the State Historical Fund grant, Number 98 -02 -046, shall not exceed $25,000. 6/29/00 AGREEMENT FOR ARTISTIC SERVICES THIS AGREEMENT is made and entered this 10' day of July, 2000, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "Customer," and Tom Latka and Jean Latka, doing business as Latka Studios, hereinafter referred to as the "Contractor." In consideration of the payment for services as provided in paragraph 6 of this Agreement and of the representations, warranties and terms and conditions of this Agreement, the parties agree as follows: 1. Definitions As used herein, (a) "City" shall mean the City of Pueblo, a Municipal Corporation. (b) "Premises" shall mean the land and improvements located within the County of Pueblo, State of Colorado located upon the HARP project between Union Avenue and Victoria Avenue at that location specified by William J. Zwick. (c) "Customer's Representative" shall mean William Zwick, Senior Planner of Customer, or his successor. 2. Services To Be Provided Contractor shall satisfactorily perform the artistic services and providing the "Art" for the Premises which are described in more detail in Exhibit "A" attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include performance of all work and the furnishing of all personnel, equipment, off -site production,tools and materials necessary or customarily required for or incident to providing such services. 3. Independent Contractor Contractor performs its functions under this Agreement as an independent contractor, and nothing in this Agreement is intended, nor shall it be construed, to make Contractor or any of Contractor's agents or employees the agents or employees of Customer. Contractor shall be solely and entirely responsible for its acts and the acts of its agents and employees. Contractor shall be responsible, in accordance with applicable law, to Customer for all loss or damage to Customer caused by Contractor's breach of this Agreement or negligent act or omission, including any such breach, act or omission by Contractor's employees. Contractor shall be completely responsible for the safety of Contractor's employees in the performance of work under this Agreement and shall provide all necessary safety and protective equipment and training for such employees. Contractor shall be solely responsible for payment of all wages to its employees, and for all withholding and payroll taxes associated with same. 4. Licenses (a) Contractor warrants that it possesses and will maintain in good standing all licenses and permits required by law to conduct or engage in the activities contemplated by this Agreement, including but not limited to any service business and tax licenses issued by the City for all of Contractor's activities performing work upon the Premises. (b) Upon completion of the Art work and final payment by the Customer therefor, Contractor relinquishes all rights and ownership therein, including but not limited to any copyright or intellectual property right whatsover. 5. Additional Services Before undertaking any work or providing any services which Contractor considers beyond or in addition to the Basic Services described in Exhibit "A" or otherwise contemplated by the terms of this Agreement, Contractor shall advise Customer in writing that (i) Contractor considers the work beyond the scope of this Agreement, (ii) the reasons that Contractor believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Contractor shall not proceed with such out of scope or additional work until authorized in writing by Customer. The compensation for any such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Contractor shall be compensated for its direct costs and time at the rate of $25.00 per hour. 6. Compensation (a) Customer will pay in periodic payments to be made not more frequently than monthly to Contractor, as full compensation for all product furnished and services performed by Contractor under this Agreement, except for services for additional work or work beyond the scope of this Agreement, an amount which will be computed in accordance with Exhibit "A" hereto based upon the percentage of work complete and in place as determined by Customer's representative; provided, however that Contractor may request an advance not to exceed $7500.00 for the purpose of procuring specially fabricated materials. (b) Contractor shall submit such periodic applications for payment for services rendered and product provided under this Agreement. Applications for payment shall contain appropriate records and other documentation that such services have been performed and the amount of product delivered and incorporated into the Art work or, in the discretion of Customer's representative, safely located on site . Thereafter, Customer will pay Contractor for the amount of the application approved by Customer's representative within 40 days of the date such application is received; provided, however, that final payment hereunder shall not be made until after the date of final settlement and in acoordance with the provisions of §38 -26 -107, C.R.S. (c) No separate or additional payment shall be made to Contractor for profit or overhead, nor for any unanticipated expenses. (d) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of paragraph 5. 7. Pro - ject Completion The Work shall be fully installed and completed at the Premises not later than September 30, 2000. IPA 8. Terminatio (a) Customer shall have the right to terminate this Agreement, and Contractor's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Contractor shall cease all work and stop incurring expenses, if any. (b) Upon termination of this Agreement for events or reasons not the fault of Contractor, Contractor shall be paid at the rates specified in this Agreement for all services rendered and expenses, if any, incurred prior to date of termination. (c) In the event termination of this Agreement or Contractor's services is for breach of this Agreement by Contractor, or for other fault of Contractor including but not limited to any failure to timely proceed with work, or to pay its employees, or to perform work according to the highest standards governing such work, or to perform work in a manner deemed satisfactory by Customer's Representative, then in that event, Contractor's entire right to compensation shall be limited to the lesser of (a) the reasonable value to Customer of work performed or (b) payment at the rates specified in paragraph 5 for services satisfactorily performed and expenses reasonably incurred, prior to date of termination. (d) Contractor's responsibility for its work and services, and its obligations under paragraph 9 of this Agreement, shall survive any termination. 9. Insurance and Indemnity (a) Contractor agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, and such insurance will provide for coverage in such amounts as set forth in subparagraph (b) of this paragraph 9. (b) The minimum insurance coverage which Contractor shall obtain and keep in force is as follows: (1) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits of not less than Six Hundred Thousand and No/] 00 Dollars ($600,000.00) per person and occurrence for personal injury, including death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. -3- (c) Contractor agrees to hold harmless, defend and indemnify Customer from and against any liability to third parties, arising out of negligent acts or omissions of Contractor, its agents and employees. 10. Assignability This Agreement shall not be assigned or transferred by either party without the prior written consent of the other party. Any assignment or attempted assignment made in violation of this provision shall, at the non - assigning party's election, be deemed void and of no effect whatsoever. 11. Equal Employment Opportunity In connection with the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Contractor shall endeavor to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, national origin, disability or age. 12. Warranty. Contractor warrants the Art and all work , materials and product furnished hereunder against failure, deterioration due to weather, or other defect attributable to materials, fabrication or installation, for a period of two years from the date of final payment. 13. Miscellaneous (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Contractor or Customer by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Customer, Attention: William J. Zwick, 211 E. "D" Street, Pueblo, Colorado or to Contractor at: Latka Studios, 229 Midway Avenue, Pueblo,CO 81004. Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This Agreement and the Exhibits attached hereto contain the entire agreement between Contractor and Customer respecting the work to be performed by Contractor, and any other written or oral agreement or representation respecting such work or the duties of either Customer or Contractor in relation thereto not expressly set forth in this instrument and its Exhibits is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Contractor may be assigned by it without the written consent of Customer. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Contractor -4- and by Customer. (e) Choice of Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Premises Cond In the performance of all services under this Agreement, Contractor shall strictly observe all rules, regulations and other requirements of City and the Harp Authority with respect to the Premises, regardless of whether same are imposed by lease or other agreement, or by ordinances or resolutions of City, or by regulations adopted by City's Department of Public Works. (g) Severabilitv If any provision of this Agreement is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other funding source for this Agreement, then such provision shall be deemed void and the remainder of the Agreement enforced. (h) Signatures The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. (i) Joint and Several Responsibility Each of the individuals which together constituteContractor shall be individually, jointly and severally liable for the performance of Contractor under this Agreement. (j) Grant Requirements. This Agreement is being funded by Customer through a grant from the State Historical Fund of the Colorado Historical Society #98 -02 -046, hereinsfter referred to as the "Grant ". In performance under this Agreement, Contractor shall fully comply with all applicable terms and requirements of the Grant as if the same were fully recited herein. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. A_TTE y-r . Cit rk CI I�Y OF PUEB a Municipal Cor alion B President of the City Council CONTRACTOR: -5- FUNDS ARE AVAILABLE: Director of Finance APPROVED AS TO FORM: City Attorney TOM LATK.),, JEAN LATKA F \FILE' \CITTPI,AN'NING\HARP\bIISC\art-cntr wpd EXHIBIT A June 27, 2000 LATKA STUDIOS HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL PROJECT PROPOSAL PROJECT NUMBER 98 -02 -046 Black granite stone 25 granite tiles text, cut to dimension with miter cut edge @ $ 200.00 each . 25 granite tiles with historical photographs etched onto stone, cut to dimension with miter cut edge @ $300.00 each. �. _I Sub total $1 5,000 .00 Artist design, layout, and installation Total project cost Total project cost Latka Studios FINE ART $25,000.00 i $25,000.00 I 0 Tom & Jean Latka, 229 Midway Avenue, Pueblo, Colorado 81004 -1912 719 -543 -0720 IDENTIFICATION 7. R � 6 `1 . Artists: Tom and jean Latka 229 Midway Pueblo, Colorado 81004 719 - 543 -0720 Black Granite Tile Contractors: Great Panes 2861 Walnut St. Denver, Colorado 80205 303 -294 -0927 SPECIAL CONDITIONS • In the event that the black granite tile is damaged due to vandalism or other conditions not within the guaranty period, Latka Studios will be called upon first to repair the damage at $200.00 per square foot for the text tiles and $300.00 per square foot for the photo etched tiles. • Artist is not responsible for damage due to vandalism after the completion of the project. • Artists shall be acknowledged in any pictorial representations of work used for promotions. Latka Studios FINE ART Tom & Jean Latka, 229 Midway Avenue, Pueblo, Colorado 81004 -1912 719- 543 -0720 VA July 13, 2000 Dear Corinne Koehler and the Pueblo Ci I Contrary to the contract, LATKA STUDIC insurance in the amount of $500,000.01 less than contract specifications. 1 hope this is acceptable to you. • , Sincerely, , lean Lat a latka Studios FINE ART Tom & Jean Latka, 229 Midway Avenue, Pueblo, Colora