HomeMy WebLinkAbout4110 Resolution - STCU 2021 Sponsorship Agreement for Art Wraps RESOLUTION NO. 4110
A RESOLUTI4N OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A SPONSORSHIP
AGREEMENT WITH SPOKANE TEACHERS CREDIT UNION FOR ART
WRAPS OF UTILITY BOXES.
WHEREAS, the City of Pasco, seeks to deter graffiti and other similar damage to City
infrastructure; and
WHEREAS,the City of Pasco City Council,has created the Arts and Culture Commission
to identify artistic means to beautify the City while seeking ways to lower City costs associated
with damage mitigation; and
WHEREAS, the City of Pasco and City Council, has made and seek to make additional
streetscape and public art improvements; and
WHEREAS, the addition and maintenance of public art in public places are in the best
interest of the public and in meeting the objective to deter damage to public infrastructure; and
WHEREAS, the City of Pasco, has made available through its Arts and Culture
Commission the ability for businesses and not-for-profit organizations to sponsor the artistic wrap
of utility boxes; and
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
The City Council of the City of Pasco hereby authorizes the City Manager for the City of
Pasco to execute a Sponsorship Agreement with the Spokane Teachers Credit Union, a copy of
which is attached hereto and incorporated herein by this reference as Exhibit A; and to make
minor substantive changes as necessary to execute the Agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
PASSED BY the City C uncil of the City of Pasco, Washington this 1 St day of November, 2021.
��
Saul Martinez
Mayor
ATTEST: APPROV� AS RM:
��r
��'rG���a�'�G�Y�� � �q
Debra Barham, CMC �___ Fer Y n Law, P LC
City Clerk C� tt
Resolution—STCU Art Wrap Sponsorship Agreement- 1
EXHIBITA
UTILITY BOX ART WRAP SPONSOR
AND
CITY OF PASCO
SPONSORSHIP AGREEMENT
This Sponsorship Agreement made and entered into by and between the City of Pasco, hereinafter
referred to as "City,"a political subdivision of the State of Washington, and Spokane Teachers
Credit Union(STCU}, hereinafter referred to as "Host."
WITNESSETH:
WHEREAS,the City of Pasco, seeks to deter graffiti and other similar damage to City
infrastructure; and
WHEREAS, the City of Pasco City Council, has created the Arts and Culture
Commission to identify artistic means to beautify the City while seeking ways to lower City costs
associated with damage mitigation; and
WHEREAS, the City of Pasco and City Council, has made and seek to make additional
streetscape and public art improvements; and
WHEREAS, the addition and maintenance of public art in public places are in the best
interest of the public and in meeting the objective to deter damage to public infrastructure; and
WHEREAS, the City of Pasco, has made available through its Arts and Culture
Commission the ability for businesses and not-for-profit organizations to sponsor the artistic wrap
of utility boxes; and
IN CONSIDERATION of the covenants and agreements herein contained and the terms
and conditions thereof,the parties agree as follows:
$ECTION 1.TERMS AND CONDITIONS
1.1 Term. The term of this Agreement shall be perpetual, commencing on the date of
execution by both parties. The termination of this Agreement shall be dictated by Section 2
below.
1.2 Performance. Timely and full performance of all terms and conditions of this Agreement
is made the essence hereof. In the event either party fails to keep or perform any terms or
conditions required herein to be kept or performed by it,the aggrieved party shall have the right
to promptly notify the other pariy of such failure and request that the party take immediate action
to correct such failure.
Amendment. This Agreement shall be amended in writing if and when any alteration to the
improvements is made by the City or Host as mutually agreed by the parties.
SECTION Z.FIRST RIGHT OF CONTINUATION OR REFUSAL
Page 1 of 3
2.1 Termination Event. The sponsorship contemplated by this agreement is considered the
first wrap of all Utility Boxes identified in Exhibit A. Damage necessitating the replacement of
the Utility Box as part of this original agreement shall be considered a terminating event for the
purposes of the sponsorship of that particular Utility Box. If wrap is damaged within the display
time period, the City will contact Host with option to repair or replace. Host has 3Q days from
notification to opt to fund repair of the damage. If the City owned property needs to be repaired or
replaced—in part or in whole—while the artwork is in place, there is no obligation on the part of
the City to replace,repair, or reinstall the artwork.
2.2 First Right of Continuation. The Host shall have the first right to continue their
sponsorship of a Utility Box damaged or removed by rendering the cost to replace the artistic
wrap under the terms of this agreement.
2.3 First Right of Refusal. The Host shall have the first right to discontinue their
sponsorship of a Utility Box,which will automatically permit the City to offer the sponsorship of
the Utility Box to another Host. The Host is responsible for removing the wrap(s} for the box
which the Host has discontinued sponsorship.
2.4 City's Right to Terminate. The City may, at its sole option,terminate the agreement for
any reason upon providing 6Q days' notice to STCU. If the City terminates the agreement in this
manner, it shall be responsible for the cost of removing the wrap(s) from the box.
SECTION 3.RESPONSIBILITIES OF THE CITY
3.1 Selection. The City, in conjunction with the Arts and Culture Commission, shall work to
install the art mutually approved and selected by the City Council and Host. All approved artwork
shall enhance its setting and help create a sense of place. The artwork must be suitable for display
to a diverse audience, including children. Artwork shall not contain profanity, obscenity or
explicit sexual imagery, nudity, graphic depictions of violence, or create a hostile work
environment. Artwork cannot display religious or political messages. Providing space for the
artwork does not in any way obligate the City to assume any liability or risk for the displayed
materials nor does it constitute an endorsement of the beliefs or viewpoints of the art.
3.2 Review and Inspection. The City's Public Works Director or designee shall provide a
list of approved materials and method of attachment and/or review and approve the material and
method of attachment suggested by the Host. The Public Works Director or their designee shall
inspect the wrap application during installation.
3.3 Installation. The City shall contract with a professional firm to have the utility wraps
installed on selected Utility Boxes.
3.4 Sponsorship Bid. The City shall provide the Host with the estimated cost to install the
wraps prior to proceeding with installation, and seek their written approval to proceed.
3.5 Right of Removal. The City, through its Public Works Department, shall have the sole
discretion to remove any cabinet wrap that is damaged,vandalized, including non-removable or
repeated graffiti, or in any way hinders the operation of maintenance of the Utility Box.
Page 2 of 3
SECTION 4.RESPONSIBILITIES OF THE HOST
4.1 Sponsorship Bid. The Host shall either accept or reject the estimated cost to install the
wraps by written correspondence. Acceptance of the estimated cost is considered by this
Agreement the City's right to proceed and invoice the Host for the complete installation of the
artistic wrap.
SECTION$.GENERAL RESPONSIBILITIES
5.1 Communication.Any notice or official communication between one party and the other
must be written and mailed,postage pre-paid, or sent by electronic mail to:
For City of Pasco: For STCU:
Dave Zabel Traci McGlathery
City Manager Director of Community Relations
525 N 3rd Avenue 1620 N Signal Drive
Pasco, WA 99526 Liberty Lake, WA, 99019
Phone: 509.555.3446 Phone: 509.628.1357
Email: zabeld(i�asco-wa.�ov Email: tracim(d�stcu.org
Initial by City of Pasco agreeing to Initial by Host agreeing to communication
communication by Electronic Mail: by Electronic Mail:
DATED this day of , 2021.
CITY OF PASCO
Dave Zabell, City Manager
Attest: Approved as to form:
Debra Barham, City Clerk Kerr Ferguson Law, PPLC, City Attorney
STCU
Page 3 of 3
Traci McGlathery, Director of Community Relations
Page 4 of 3
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Last updated on Friday,May 17,2019 by devoef