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HomeMy WebLinkAboutSpokane Teachers Credit Union - Sponsorship Agreement for Art Wraps on Utility Boxes 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: SECTION 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 party 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 2.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 30 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 60 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 artwark 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 5.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 3`d Avenue 1620 N Signal Drive Pasco, WA 99526 Liberty Lake, WA, 99019 Phone: 509.5553446 Phone: 509.628.1357 Email: zabeld�.rr���asco-���a.�r����� EmaiL• tracim a stcu.or�� Initial by City of Pasco agreeing to Initial by Host agreeing to communication communication by Electronic Mail: by Electronic Mail: DATED this ��day of �V� , 2021. CITY OF PASCO Dave Zabell, rt ger Attest: Approved as to form: � �� Debra Barham, City Clerk Kerr Fer rt�aw, PPLC, City Attorney STCU See attached page for signature Traci McGlathery,Director of Community Relations Page 3 of 3 SECi'ION 4.RESPONSIBIL.CTIES OF THE HOST 4.1 Sponsorship Bid.The Hast 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 cotnplete installation of the artistic wrap. SECi'IO1V 5.GENERAL RESPONSIBILITIES 5.1 Communication.Any notice or official communication between one party and the other rnust be written and mailed,postage pre-paid,or sent by electronic rnail to: For City of Pasco: For STCU: Dave Zabel Traci McGlathery City Manager Director of Community Relations 525 N 3�Avenue 1620 N Signal Drive Pasco, WA 99526 Liberty Lake,WA, 99019 Phone: 509.555.3446 Phone: 509.b28.I357 Email:zabeldna�,pasco-wa��Qv Email: tracim stcu.or�; Initial by City of Pasco agreeing to Initial by Host agreeing to communication cornmunication by Electronic Mail: by Electronic Mail: DATED this day of ,2421. CITY OF PASCO Dave Zabell, City Manager Attest: Approved as to form: Debra Barham, City Clerk Kerr Fergusan Law, PPL,C, Ciry Attorney STCU �r �.?.Y�` 1 t/d��a 1 Traci McGlath ,Director of Community Relations Page 3 of 3 MAP OF SIGNALIZED INTERSECTIQNS 7NFORMAT'lONSERVI�SDEAT GIS DIVlSIQN Sourcer.l v i FiERE W rtMn,USCS,hrtenr�ep,INCREMENT P,NRCen,Eai 7apan,ME7X Esrl UINa(Fbnq Ka�g�,Eui Kaee�Esri ffhaieiM},NGCC(d Oi�enSlreMMp conMbuton�end the RS U�lr Cor � i�i�y�� . ���' r'as�� . s ,. i �...�._... � � .,_,.... . ._. LEO$ND �� ....,,..o t �'�� 6 _ a1 � a i �Sipnalized I�rteraecttorr rw�r... .�., 1 � ....,... _ .w.�-.o. i : .. _.:.,..� } �� .....� :="�-'��..d � � EXHIB�T A `6� .:AOFauxw r. �ROI�!!� ��N M�F.O Ll1 i . r .�,.�. � ✓..��. ..a... � •`•\.��4 � y.� � � o v}tr '. V ' � _..���` � � �� , �� . � A� ���H� � ,` �I]y 4 � ~� � �YLNJPRBLW Y 1 �� 1 * . rr.. ' � �� .r�11'� ��T Iti ' i i + � .�.�..x�` �.. = �_/ �_ � NbTE5 .,...�., - �+.�' '�•.,�,, � .. ,�«.�.�... 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