HomeMy WebLinkAbout230404_MTA_Agmt_final DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
CITY OF BOZEMAN GRANT AGREEMENT
Park Improvement Grant for Mountain Time Arts
THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between the
City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its
Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman, MT
59771 ("City") as Grantor, and Mountain Time Arts, a 501(c)(3) nonprofit, charitable
organization located at 544 E. Main St, Unit B, Bozeman, MT 59715 as Grantee. The City and
the Grantee may be collectively referred to as the "Parties" in this Agreement.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Grantee submitted a proposal to the City Commission for a grant of$15,000 for
the Revitalize Relatives public art installation at City Hall ("Project") that would benefit from the
City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community with an opportunity to reflect on the Indigenous
history of land and water in the Gallatin Valley and the attributes of a healthy riparian corridor;
and
WHEREAS, the Parties understand that the public art installation has a multifunction purpose: it
is art for the public to enjoy and it serves as a safety barrier for the public; therefore it is integral
to the structural integrity of the bridge at City Hall; and
WHEREAS, on June 28, 2022, the Commission appropriated $150,000 for Park Improvement
Grants with the passing of the fiscal year 2023 budget.
THE PARTIES AGREE:
I. The Grant. The City will grant and release to Grantee a sum of up to fifteen thousand
dollars ($15,000) from its Park Improvements Grant Fund(the "Grant")pursuant to the
payment terms in paragraph 3.
2. Use of Grant Funds. Grant funds in the amount of up to fifteen thousand dollars
($15,000) will be used by Grantee for the sole purpose of installing artwork and materials
costs as described in the proposal submitted by Grantee to the City Commission, for the
Project attached hereto as Exhibit A and by this reference incorporated herein.
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a. The "Project"is defined as an original piece of public art conceived and designed
by the Grantee, as set forth in Exhibit A.
b. The Project will be installed on City property ("Bridge") which is located at City
Hall, 121 N. Rouse Ave., Bozeman, MT 59771.
3. Payment of Grant Funds
a. Grantee may request the Grant funds during the fiscal year ending June 30, 2023
as needed by providing proof of expenses paid. Acceptable forms of proof of
payment shall be as determined in the sole discretion of the City's Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City's
Park Improvements Grant Fund and will be available for other appropriation.
c. The City is not obligated to pay any Grant funds unless at the time of the request
for payment(i) all of Grantee's representations as set forth in Section 4 are true
and correct, and(ii) Grantee is not in breach of any term of this Agreement. If
any of the above conditions are not satisfied in sole the determination of the City,
the City shall have no obligation to make payment and the City's determination to
refrain from paying, or its inability to pay, any of the Grant funds shall not be or
result in a default of this Agreement.
4. Grantee Representations
a. Grantee represents and warrants that:
i. The Project is an original Project by the Grantee;
ii. The Grantee is the legal owner of the Project;
iii. The Project does not infringe on any existing copyright;
iv. The Grantee has not entered into any other assignments, transfers,
licenses, contracts, or mutual understandings that conflict with the terms
and obligations of this Agreement; and
v. There are no copyright infringement claims currently pending or
threatened, nor does the Grantee have any reason to believe that any
copyright claims will be brought or threatened in the future.
b. Grantee has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect Grantee's performance under this
Agreement.
c. Grantee represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said obligations
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in a professional, competent and timely manner and with diligence and skill; that
it has the power to enter into and perform this Agreement and grant the rights
granted in it; and that its performance of this Agreement shall not infringe upon or
violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or
violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary for Grantee to meet
this warranty; and
d. Grantee represents and warrants to the City that the Grant funds are necessary to
accomplish the financial requirements of the Revitalize Relatives public art
installation.
5. Reports/Accountability/Public Information. If Grant funds are paid to Grantee,
Grantee will provide to the City a formal written report that includes, at a minimum, the
proof of expenses paid. Grantee agrees to develop and/or provide such other
documentation as requested by the City demonstrating Grantee's compliance with the
requirements of this Agreement. Grantee must allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to Grantee pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. Grantee will retain such records for seven years after receipt of final payment under
this Agreement unless permission to destroy them is granted by the City. Grantee shall
not issue any statements, releases or information for public dissemination without prior
approval of the City.
6. Permits and Compliance with Laws. Grantee will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Title of Ownership. The City shall be the legal owner of the Project. Grantee agrees to
transfer title of ownership of the Project to the City upon the completion of its
installation. Grantee warrants that it has the legal right to transfer the legal title of
ownership to the City. This Agreement incorporates the Transfer of Title for Work of Art,
attached as Exhibit B.
8. Ownership of Copyright. The City and the Grantee acknowledge and agree that Ben
Pease ("Artist"), with a mailing address of 2610 Montana Ave., Billings, MT 59 10 1, will
remain the owner of all copyright rights to the Project.
9. License Agreement. Grantee grants to The City the irrevocable right to use images of the
Project in materials about or relating to the Project, and to allow other third-parties
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associated with The City, to do so. This right applies to all media now known or later
developed, including,but not limited to print, digital, television, radio, video, and internet
format. This license includes the right for The City to reproduce, distribute, and publicly
display the project in all forms and for any purpose. The City's license does not
invalidate or nullify the rights the Artist retains under U.S. Copyright law. Grantee agrees
to indemnify, defend, and hold harmless the City against any and all claims, liability,
damage, loss, or expense, including reasonable attorneys' fees and expenses of litigation,
incurred by the City for its use of this license.
All reproductions by the City shall contain a credit to the Artist and the Grantee, and a
copyright notice substantially in the following form: "Ben Pease and Mountain Time
Arts, 2023." The Artist and the Grantee shall give a credit reading substantially, "An
Original Work Owned by the City of Bozeman."
10. Installation of the Project. Grantee, at its expense and in consultation with The City,
will arrange for the preparation and installation of the Project at City Hall on or before
April 22, 2023. As further delineated in paragraph 11, The City retains the right to repair,
remove, or un-install the Project at any time.
11. Maintenance, Repairs, and Alterations. The City recognizes that because the Project is
attached to the City's Bridge, maintenance of the Project is essential to ensure public
safety and the structural safety of the Bridge. Upon transfer of the title, as set forth in
paragraph 7, Grantor retains full discretion and responsibility to maintain and protect the
Project in order to ensure public safety and the structural safety of the Bridge. The City
retains the sole right to determine whether, when, and to what extent any repairs to the
Project will occur. The City is not obligated to provide the Grantee notice before
undertaking any repairs or modifications to the Project. However, the City shall endeavor
to notify the Grantee of any proposed alteration of the Project. Grantee's is responsible
for maintaining a current contact person and contact information to receive such notice.
The City is under no obligation to provide notice to the Grantee if the Grantee fails to
maintain such contact information with the City.
Because the Project is attached to The City's property and has a multifunction purpose
that implicates public safety and the structural safety of the Bridge, Grantee agrees to
indemnify, defend, and hold harmless the City against any and all liability, damage, loss,
or expense, including reasonable attorneys' fees and expenses of litigation, incurred by
the City for any and all claims raised under the Visual Artists Rights Act.
Should the City determine that the removal or extraction of the Project is necessary,
Grantee retains first priority to reclaim physical possession of the Project. In such an
instance, Grantee is responsible for all associated costs of such removal.
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12. Publicity. The Grantee will coordinate with the City on publicity of the Project. Publicity
includes, but is not limited to, any interviews, flyers,brochures, mailings, advertisement,
emails social media posts, blog posts, or verbal communications of any type, either live
or pre-recorded.
13. Independent Contractor Status. The Parties agree that Grantee, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any purpose.
Grantee and its agents, employees, contractors, or subcontractors, are not subject to the
terms and provisions of the City's personnel policies handbook and may not be
considered a City employee for workers' compensation or any other purpose. Grantee,
its agents, employees, contractors, or subcontractors, are not authorized to represent the
City or otherwise bind the City in any way.
14. Default and Termination. If Grantee fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to Grantee. The notice will set forth the items to be cured. If this Agreement is
terminated pursuant to this Section, Grantee will repay to the City any Grant funds
already delivered to Grantee for the Project.
15. Limitation on Grantee's Damages; Time for Asserting Claim
a. In the event of a claim for damages by Grantee under this Agreement, Grantee's
damages shall be limited to contract damages and Grantee hereby expressly
waives any right to claim or recover consequential, special,punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event Grantee wants to assert a claim for damages of any kind or nature,
Grantee must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event Grantee fails to provide such
notice, Grantee shall waive all rights to assert such claim.
16. Representatives
a. City's Representative. The City's Representatives for the purpose of this
Agreement shall be Addi Jadin, Park Planning and Development Manager, and
Takami Clark, Communications &Engagement Manager, or such other individual
as City may designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
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communication or submission must be directed to the City's Representatives and
approvals or authorizations will be issued only by such Representatives; provided,
however, that in exigent circumstances when City's Representatives are not
available, Grantee may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. Grantee's Representative. Grantee's Representative for the purpose of this
Agreement shall be Jim Madden or such other individual as Grantee designates in
writing. Whenever direction to or communication with Grantee is required by
this Agreement, such direction or communication must be directed to Grantee's
Representative; provided, however, that in exigent circumstances when Grantee's
Representative is not available, City may direct its direction or communication to
other designated Grantee personnel or agents.
17. Indemnity/Waiver of Claims/Insurance. The Grantee will bear all risk of loss and
damage to the Project until title transfers to the City, as set forth in paragraph 7. To the
fullest extent permitted by law, Grantee agrees to defend, indemnify and hold the City
and its agents, representatives, employees, and officers (collectively referred to for
purposes of this Section as the City)harmless against all third party claims, demands,
suits, damages, losses, and expenses, including reasonable defense attorney fees, which
arise out of, relate to or result from Grantee's (i) negligence, or(ii)willful or reckless
misconduct or any claims arising under U.S. Copyright law and the Visual Artists Rights
Act .
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s)which would otherwise exist as to such
indemnitee(s). Grantee's indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against Grantee to
assert its right to defense or indemnification under this Agreement or under Grantee's
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines Grantee was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s)thereof.
In the event of an action filed against City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
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Grantee also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except"responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent"
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, Grantee shall at Grantee's expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by Grantee in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by Grantee in this Section
unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and Grantee shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty(30) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to Grantee. Grantee shall notify City within two (2)business days of
Grantee's receipt of notice that any required insurance coverage will be terminated or
Grantee's decision to terminate any required insurance coverage for any reason.
This section shall be read in conjunction with the indemnification provisions detailed in
sections 9 and I I of this Agreement.
18. Attorney's Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
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entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
19. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
20. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty(30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
21. No Assignment. Grantee may not subcontract or assign Grantee's rights, including the
right to Grant payments, or any other rights or duties arising hereunder, without the prior
written consent of City.
22. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties' intent to confer third party beneficiary rights upon any other person or entity.
23. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
24. Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
25. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
26. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
FY 2023 Grant Agreement—Mountain Time Arts Page 8
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27. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
IN WITNESS WHEREOF thb8efi ,. qS� p have executed this instrument the day and year
indicated below.
DocuSigned by:
Date. 4/24/2023
251607FDSA824A6...
Jeff Mihelich, City Manag
City of Bozeman
ZatOC&
uSigned by:
PUad,—r6jYl� Date:4/21/2023
B6E3EE80614A4BF...
Francesca Pine-Rodriguez, Executive Director
Mountain Time Arts
Approved as to form:
DocuSigned by:
Date: 4/23/2023
C1711112ACgACA44B
Greg Sullivan, City Attorney
City of Bozeman
FY 2023 Grant Agreement—Mountain Time Arts Page 9
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
Exhibit A
Grant Proposal
FY 2023 Grant Agreement—Mountain Time Arts
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
Grant Agreement with Mountain Time Arts
Exhibit A:Description of the Project
.. 49M O U N T A I N
) T I M E A R T S
M O U PTA I NT I MEA RTS-ORO
April 21,2022
TO: Bozeman Parks&Recreation
FROM: Mountain Time Arts
Request for$15,000.to Support a Public Art Installation at City Hall
Mountain Time Arts(MTA)Is pleased to continue the work that we began in 2020 to identify
opportunities to raise awareness of and enhance Bozeman Creek as it flows through downtown
Bozeman.The investigations and outreach began with a TAG report,Bozeman Creek Analysis,
completed in June 2020.This resource assessment was followed by a series of public outreach
focus groups in 2020 and 2021. Based on the inputs and findings of this public outreach, MTA
has Initiated a plan to reveal,interpret,and activate Bozeman Creek downtown through a
series of public art projects, both temporal and permanent.
The first of these projects to be realized is titled Revitalize Relatives, and is planned to be
installed at City Hall on-indigenous Peoples' Day,October 10, 2022.Revitalize Relatives will
illuminate three (3) community values about Bozeman Creek that water resource experts and
community members wished to communicate to the general public:
Gallatin Watershed Geography
Culture of Indigenous Water Keepers
Environmental Stewardship
The installation will communicate the attributes of a healthy riparian corridor with images,
poetry,and maps.The artwork,(2) murals printed on glass panels,will be a permanent
installation located on the pedestrian bridge over Bozeman Creek at the entrance to City Hall.
(See concept sketch and budget below)Each panel will be 5 ft. high X 7 ft.wide mounted in
steel frames on the north side of the concrete bridge above the creek.
Everyone who visits City Hall will view the murals,hundreds per day.The murals will also be
available as a destination and a curriculum tool for students at Hawthorne Elementary School
and for the participants of Big Sky Youth Empowerment. Both programs are located within
close walking distance to the bridge. QR codes on the panels will allow viewers to listen to
water songs and gather additional educational information about Indigenous water keepers,
the greater Gallatin watershed,water conservation and stewardship.
MTA has commissioned artists Jim Madden, Ben Pease,and writer Jill Falcon Mackin,to create
the public art installation that will illuminate the value of Bozeman Creek. Bozeman Creek is a
major component of the headwaters that form the Missouri River at Three Forks. Bozeman
Creek supplies 3/4s of the municipal water supply for the City of Bozeman.
104 E. Main St. Suite One • Bozeman, MT 59715 • 406-599-0293
www.mountaintimearts.org
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
MTA is planning to develop three(3)additional art installations along the Bozeman Creek
corridor in 2023,all with the goals of raising awareness of the water resources that we are
dependent on, and building the political will to be better stewards of these resources.
MTA requests$15,011M.from the Parks&Recreation Dept.to support this project as a
component of the Parks Dept.initiatives to raise awareness of and increase stewardship for
the water resources within and connected to city park lands.
Revitalize Relatives will greet visitors to City Hall with an opportunity to pause and reflect on
the Indigenous history of land and water in the valley.The Importance of Bozeman Creek, and
its place within the Gallatin watershed will be highlighted.The experience of Revitalize
Relatives's imagery will be enhanced by the sound of rushing water and the view of the water
flowing in the creek.The installation will be a welcoming respite in our hurried world and a
reminder of our cultural heritage as people conduct their civic affairs at City Hall.
Thank you for your consideration,
Jim Madden
Board Member
Mountain Time Arts
104 E. Main St. Suite One • Bozeman, MT 59715 • 406-599-0293
www.mountaintimearts.org
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
Grant Agreement with Mountain Time Arts
Exhibit A:Description of the Project
DESCRIPTION OF THE ARTWORK: Revitalize Relatives is a pair
of images and words, etched and silkscreened onto laminated glass panels that are
installed on top of the north railing of the pedestrian bridge on the east side of City
Hall in Bozeman,MT. The bronze frames for the glass panels and handrails designed
by the Artist are integral parts of the Artwork.
DocuSign Envelope ID: FBA2133E5-0545-441D-BFEF-C11B5E39_A8EB
J� d`
5 5 _
Income
N EA $20,000
Bozeman Urban Renewal District $15,000
Bozeman City Parks $15,000
AMBlank West $5,000
Individual Donations $5,000
MT Arts Council $10,000
TOTAL $70,000
Expenses
Artist Fee - Madden $10,000
Artist Fee - Pease $10,000
Writer Fee -Mackin $2,000
Engineering $1,800
North Fork Maps $600
Glass incl. ship'g. $7,000
Audio $2,500
Steel Fabrication $12,000
Installation Contractor $3,000
Handrails incl. Glass $5,500
Wood Decking $3,000
L,E,D. Lights & Electrical $1,500
Installatlon/Glass & Rails $1,500
Lodging $700
Supplies $900
Contingency 15% $8,000
TOTAL $70,000
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
FY 2023 Grant Agreement—Mountain Time Arts
Exhibit B: Transfer of Title for Work of Art
TRANSFER OF TITLE FOR WORK OF ART
1. Parties. This Transfer of Title ("Transfer") for this Work of Art ("Work") is made on this
18th day of April , 2023 ("Effective Date")by and between:
Transferor. Mountain Time Arts, with a mailing address of 544 E. Main Street, Unit B,
Bozeman, MT 59715 ("Transferor"), and
Transferee. City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT
59771 ("Transferee").
2. Description of the Work. The Transferor transfers title to the Transferee for the following
described Work:
a. Artist's Name: Ben Pease
b. Artist's Nationality: USA
c. Artist's Birth Date: October 18, 1989
d. Title of Work: RevitalizenyozIsA
e. Date of Work: 2023
f. Dimensions: Two (2) Panels: 5 ft. h x 7 ft. w each
g. Value of Work: $60,000.
h. Additional Information:
3. Transfer of Title. Transfer of the title for the Work and risk of loss shall pass from
Transferor to Transferee upon final installation of the Work. Until title transfers, Transferor,
or its agent or assignees, must maintain insurance coverage on the Work.
4. Fees; Expenses. The Transferee agrees to award Transferor$15,000.00 (fifteen thousand
dollars) for the Work. Payment will occur as set forth in the City of Bozeman Grant
Agreement,Park Improvement Grant for Mountain Time Arts ("Grant Agreement"), Section
3. Transferor agrees to incur all expenses including but not limited to packing, moving, and
installing the Work to the City of Bozeman up until the transfer of title as set forth in Section
3 of this document.
5. Warranty. Transferor warrants and represents that:
a. the Work is an original Work of authorship as described in Section 2 of this Transfer;
b. the Transferor is the legal owner of the Work;
Exhibit B: Transfer of Title-Page 1 of 2-
DocuSign Envelope ID: FBA2B3E5-0545-441D-BFEF-C11B5E39A8EB
FY 2023 Grant Agreement—Mountain Time Arts
Exhibit B: Transfer of Title for Work of Art
c. Transferor has not entered into any other assignments, transfers, licenses, contracts, or
mutual understandings in conflict with the terms and obligations of the Grant Agreement;
and
d. There are no claims currently pending or threatened, nor does Transferor have any reason
to believe that any claims will be brought or threatened in the future against Transferee's
legal right, ownership, or interest in the Work.
IN WITNESS THEREOF the Transferor and Transferee have caused this Agreement to be
duly executed on their behalf by a duly authorized representative as of the Effective Date
set forth above.
Transferor:
Mountain Time Arts
544 E. Main Street, Unit B
Bozeman, MT 59715
igned by:
Transferor's Signature: rZtfstxDocuSigned
�ilnt��O�Vi
B6E3EE80614A4BF...
Francesca Pine-Rodriguez
Executive Director
Transferee:
City of Bozeman
121 N. Rouse Ave. DocuSigned by:
Bozeman, MT 59771 s.•
DocuSigned by:
Transferee's Signature:
251607FD8A824A6_.
Exhibit B: Transfer of Title-Page 2 of 2-