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HomeMy WebLinkAboutResolution - 2023-R0260 - License Agreement 17346 with Madelyn Garcia, ROW for artworkResolution No. 2023-RO260 Item No. 5.22 May 23, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, a License Agreement No. 17346 and related documf regarding certain designated rights of way for the purpose of installation and display of artwc by and between the City of Lubbock and Madelyn Garcia, of Lubbock, Texas, a selected wir, of the 2023 Storm Drain Art Project. Said Agreement is attached hereto and incorporated in resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 23, 2023 APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Ke li Leisure, Senior Assistant City Attorney RES.LicenseAgrmnt 17346-Stormwater Art Contest Madelyn Garcia 5.3.23 Resolution No. 2023-R0260 LICENSE AGREEMENT THIS LICENSE Agreement No. 17346, entered into this 23rd day of May , 2023, by and between the City of Lubbock, Texas, a Texas Home Rule Municipal Corporation ("City") through its Stormwater Compliance Department, and Madelyn Garcia ("Licensee"). WITNESSETH WHEREAS, in an effort to promote the importance of the role of community involvement necessary to keep all water systems within the City clean and free of chemicals, debris, and other harmful pollutants, the City hosted the 2023 Storm Drain Art Contest ("Contest"); and, WHEREAS, the Licensee submitted artwork for the Contest and said artwork was chosen as a winning entry of the Contest; and, WHEREAS, as a Contest winner, the Licensee will be installing their selected, winning artwork onto a City -designated storm drain in downtown Lubbock; and, WHEREAS, the City desires to promote and enhance cultural arts within the City and its cultural arts district downtown, and finds that it is in the public interest and so promotes cultural arts for Licensee to install and display their artwork. NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, to be kept and performed by the respective parties, IT IS AGREED AS FOLLOWS: 1. LICENSE GRANTED In consideration of the mutual covenants and terms of this License, and of other good and valuable consideration, the City hereby grants, upon the terms and conditions set forth in this License, a license to Licensee for the sole purpose of installing and displaying Licensee's selected artwork on a City -designated storm drain in downtown Lubbock. Storm drains and any associated right- of-way with, and around the drains, throughout the City are owned by the City. The design to be installed by Licensee for the installation of their artwork is depicted in Exhibit "A", attached hereto and incorporated herein. Further, the location of the Licensee's artwork design to be installed at the City -designated storm drain shall be as depicted and described in Exhibit `B", attached hereto and incorporated herein. 2. LICENSE TERM The term of this license shall be for thirty (30) days beginning on the date of the execution of this Page 1 of 7 License by the City and ending on the thirtieth (30th) day, unless renewed or terminated sooner as provided in this License (the "Primary Term"). OWNERSHIP OF ARTWORK AND INSTALLATION Any and all original artwork and design selected during the Contest and submitted by Licensee, installation of said artwork and design, and as painted and located on any part of City property shall be considered property of the City, ownership rights of the City include, but are not limited to; a non-exclusive right to the artwork design of Licensee, the installation of the artwork, non- exclusive rights of reproduction, duplication, or distribution, and any and all other non-exclusive rights to Licensee's artwork and design submitted and installed in conjunction with the Contest. All ownership rights granted to the City shall survive the termination of this License. 4. ACCESS During the term of this License, and any renewals thereof, the City grants the Licensee access to the City -designated storm drain attached hereto as Exhibit "B" for the purpose of installing and painting the selected design attached hereto as Exhibit "A", during the dates of May 30-June 2, 2023. In the event of any inclement weather, emergency, any other act of God, or other unforeseen circumstances not within the control of the City, Licensee and City will coordinate other dates for installation of artwork. 5. CITY -PROVIDED EQUIPMENT The Licensee agrees that only city -provided paint and equipment depicted on Exhibit "C", attached hereto and incorporated herein, shall be the only paint and equipment used by Licensee for the painting and installation of Licensee's artwork. 6. COMPLIANCE WITH APPLICABLE LAWS The Licensee shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this License, and any amendments thereto during the course of installing and painting the Licensee's artwork on City property. 7. INDEMNITY AND RELEASE LICENSEE SHALL INDEMNIFY, RELEASE, AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY Page 2 of 7 PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF LICENSEE, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS LICENSE AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS LICENSE. 8. NOTICE Any notice required or permitted to be given herein must be given in writing and must be personally delivered, delivered by telephone facsimile, or mailed by prepaid certified or registered mail to the party to whom such notice or communication is directed at the address of such party as follows: Licensee: Attn: Madelyn Garcia 501 111h St., Apt. 202 Lubbock, TX 79416 Telephone: 806-200-2414 Email: inkydoestats@gmail.com Any such notice or other communication shall deemed to have been given (whether actually received or not) on the date it is personally delivered or, if mailed, on the third day, after it is mailed. Any party may change its address for purposes of this License by giving notice of such change to all other parties pursuant to this section. 9. ASSIGNABILITY This license is personal to Licensee. Licensee shall not assign or sublet this license, without the consent of City. Any attempt to assign or sublet this license, without the consent of City, shall terminate the license granted herein. 10. RELATIONSHIP OF THE PARTIES The relationship between the City and Licensee is at all times solely that of licensor and licensee, and may not be deemed, in any event, a partnership or a joint venture. 11. CONSTRUCTION AND VENUE THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN Page 3 of 7 LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS LICENSE OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. 12. SEVERABILITY If any provision of this License is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this License, and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective, shall not be affected thereby. 13. LICENSES SUPERSEDED This License constitutes the parties' sole License and supersedes any prior understandings or written or oral agreement between the parties with respect to the subject matter hereof. 14. ENTIRE AGREEMENT This Contract, including Exhibit "A" through "C" attached hereto, contains the entire agreement between the City and Licensee, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 15. BINDING EFFECT This License shall inure to the benefit of and be binding upon the parties hereto, their respective successors, heirs, devisees, and assigns. 16. TIME OF ESSENCE Time is of the essence in this License and all obligations shall be performed in a timely manner. 17. TERMINATION OF LICENSE License may be terminated for any reason, by the City upon ten (10) days written notice to Licensee. 18. CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED. Page 4 of 7 Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 19. NO BOYCOTT OF ISRAEL. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 20. TEXAS GOVERNMENT CODE CHAPTER 2274. By entering into this Agreement, Licensee verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Licensee is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Licensee verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 21. Licensee represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Licensee is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Licensee verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 22. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Page 5 of 7 To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. IN WITNESS WHERE OF, the parties hereto have executed this License the day and year first above written. EXECUTED and effective as of the date of the execution by the City of Lubbock. CITY OF LUBBOCK, TEXAS BY: TRA ATTEST: ourtney Paz, City cret APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager BY: Madelyn Garcia Contest Winner in the City of Lubbock 2023 Storm Drain Art Contest Page 6 of 7 APPROVED AS TO FORM: V///,t Kell, nor i i ureAssistanttity Attorney Page 7 of 7 Madelyn Garcia East � --� Buddy Holly Hall