Title
Approving the execution of a contract for public art which includes an indemnification provision.
Body
WHEREAS, on June 15, 2016 the City Council passed Resolution No. 16-1009, approving the installation of a mural by COMPAS (Community Programs in the Arts) (“Project”) in the public right-of-way (“ROW”) under the Maryland Avenue Bridge; and
WHEREAS, per Res. No. 16-1009 the Council granted approval to the Department of Public Works to issue a Permit to COMPAS for the Project; and
WHEREAS, the Project will be installed by COMPAS and the City will own the artwork upon completion; and
WHEREAS, the Maryland Avenue Bridge is owned by BNSF Railroad, and BNSF requires that the City sign a contract providing the City and COMPAS Right of Entry upon BNSF property in order to do the Project; and
WHEREAS, the contract, titled Right of Entry, Release of Claim and Indemnity, contains an indemnification provision which requires Council approval.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to sign the Right of Entry, Release of Claim and Indemnity in substantially the form attached hereto, upon approval by the Office of the City Attorney.