HomeMy WebLinkAboutED Ritter Center License AgreementCITY OF
SAN RAFAEL
AGENDA ITEM NO.: 8
MEETING DATE: December 7, 2009
Report to Mayor and City Council
Department: Economic Development
Submitted by: � j/Zt'ot.�� 2 �� Approved by:
Nancy Mackie, Economic Develo meat Director Ken Nordhoff, City Manager
SUBJECT: Resolution Authorizing the Community Services Director to Execute a License
Agreement for Use of City Property by Ritter Center for Temporary Art Installations (Art
Houses of Marin).
RECONUVIENDATION: Approve the resolution authorizing the Community Services Director
to execute a license agreement to allow Ritter Center to install and display pieces of artwork on
specified City property on a temporary basis as part of Ritter Center's county -wide "Art Houses
of Marin" fundraising event.
BACKGROUND: Ritter Center is a community-based nonprofit that has assisted Maria's low-
income and homeless population for over 28 years. The center helps the homeless and very low-
income residents of Marin stabilize their lives by offering a number of social services. Ritter
Center serves as a critical safety -net for Marin's low-income, homeless, and other at -risk
populations and helps those in need to become more self-reliant.
Ritter Center is planning a County -wide fundraising benefit event called "Art Houses of Marin,"
for which local artists will be selected to design and decorate scale model "art houses" for
temporary display in prominent locations throughout Marin County. Following a period of
public display, the individual artworks will be auctioned, with the proceeds going to the Ritter
Center. As part of the event, Ritter Center has requested the City's permission to situate several
of the finished art houses on specified public sites within the City of San Rafael.
Since 2005, the City of San Rafael has had a temporary public art display program in place
through a licensing agreement with Art Works Downtown. The program, in which Art Works
Downtown installs temporary art displays on a rotating basis throughout the year on certain
public sites within the City, has been a successful way of having public art displays at little to no
cost to the City. The City Council has previously determined that this type of public art display
advances the City's goals for creating interest and cultural diversity Downtown.
FOR CITY CLERK
File No.:
City Council Meeting:
Disposition:
Page 2
Staff believes that a temporary art display model similar to the Art Works Downtown program
could be used successfully for Ritter House's one-time event, although due to lack of space and
limited staff time, staff recommends the City limit its public art program to Art Works
Downtown and to a nonprofit such as Ritter Center, which plays such an important role in
advancing the City's efforts to help the homeless and very low-income residents of the City and
the County.
ANALYSIS: The Art Houses of Marin benefit is tentatively scheduled to take place in March
of 2010. Staff.proposes that the specific sites for art installations for Art Houses of Marin in San
Rafael will be determined by mutual agreement between Ritter Center and City staff, and will be
confirmed in the executed License Agreement. Possible locations are in the Downtown area and
include the following:
(a) San Rafael Library Lawn
(b) Falkirk Cultural Center
(c) San Rafael Community Center
(d) Albert Park
(e) San Rafael Plaza
The City of San Rafael will provide space at the agreed locations and will approve and oversee
the installations.
A draft of the proposed "License Agreement for Use of Public Property for Temporary Art
Installation (Art Houses of Marin)" approved by the City Attorney's office is attached as Exhibit
A to the attached Resolution. Although Ritter Center will select the artists and artworks for the
event, the License Agreement conditions installation of any artwork on City property upon final
approval of the artwork by the Community Services Director to ensure that the artwork shall be
suitable for display in a public space to a diverse audience including persons of all ages; shall not
pose a threat to public health or safety; and shall meet applicable Americans with Disabilities
Act ("ADA") regulations.
The License Agreement also provides that Ritter Center will be responsible for the following:
(a) Artwork(s) installation and removal, including labor, and restoration of the site to
original condition.
(b) Security and maintenance of the artworks
(c) ADA accessibility and safety requirements
(d) Liability insurance
FISCAL IMPACT: None. Staff time is required to review the proposed artwork prior to
installation, determine locations for installation and to ensure insurance certificates and safety
measures are in place.
Page 3
OPTIONS:
• Accept staff recommendation and approve the attached resolution authorizing execution
of a License Agreement for Ritter Center.
• Direct staff regarding alternatives to the proposal.
• Reject the City's participation in the Art Houses of Marin benefit and do not allow the
temporary art installations on City property.
ACTION REQUIRED: Approve the attached resolution authorizing the Community Services
Director to execute a License Agreement for Ritter Center's temporary use of City property for
the Art Houses of Marin art fundraiser.
ATTACffiAENTS:
Resolution, with attached draft License Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF A
LICENSE AGREEMENT FOR USE OF CITY PROPERTY
BY RITTER CENTER FOR TEMPORARY ART
INSTALLATIONS (ART HOUSES OF MARIN)
WHEREAS, Ritter Center has requested that the City of San Rafael allow temporary art
installations in a limited number of public places in the City in the Spring of 2010, as part of a
county -wide fundraising benefit called "Art Houses of Marin;" and
WHEREAS, the City of San Rafael has participated and supported a successful program
for temporary public art installations since 2005; and
WHEREAS, the City of San Rafael supports the Ritter Center county -wide fundraiser in
recognition of the significant role the Ritter Center plays in advancing the City's important policy of
assisting the homeless and very low-income residents of the City and the County; and
WHEREAS, the requested use of City property for a temporary public art display such as
the An Houses of Marin would be consistent with the City's "San Rafael Downtown Vision," and
would advance the Vision's goal to make the Downtown "a more interesting and exciting place" for
the City's residents, workers and visitors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael
as follows:
1. The Council hereby finds that all of the above facts are true and correct.
2. The City Council hereby approves, and the Community Services Director is hereby
authorized to execute, a License Agreement for the use of City property by Ritter Center
for the Art Houses of Marin temporary art installation fundraiser, in the form attached as
Exhibit A hereto, subject to final dates and locations as approved by the Community
Services Director and to final approval as to form by the City Attorney.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of the City of San Rafael, held on, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers
ESTHER C. BEIRNE, City Clerk
LICENSE AGREEMENT
FOR USE OF CITY PROPERTY
FOR TEMPORARY ART INSTALLATION
(Art Houses of Marin)
THIS LICENSE AGREEMENT is made and entered into as of the day of
, 20_, by and between the City of San Rafael, a California Charter City
("City") and Ritter Center, a California nonprofit corporation ("Licensee").
RECITALS
A. Licensee is producing a benefit art event throughout Marin County called "Art Houses of
Marin" to raise money to fund Licensee's essential services, and as part of that event, desires to
install certain pieces of art for public display on City -owned property.
B. City is willing to grant a license to Licensee for use of certain City property, on the terms
and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. License. The City grants Licensee, its officers, employees, agents and volunteers,
permission to use that portion of the City's property described and/or shown in Exhibit A
(hereafter, the "Premises"), for the temporary placement of certain works of art, including necessary
installation/security devices for such art and related identifying signs, all as designated in Exhibit B
(hereafter, "Artwork or Artworks"), for Licensee's 2010 "Art Houses of Marin" benefit, in
accordance with the terms and conditions specified herein.
2. As -is Condition. Licensee acknowledges and agrees that the Premises are being licensed
and accepted in their "as -is" condition, without representation or warranty of any kind, and subject
to all applicable laws, rules and ordinances governing their use. Licensee represents and warrants
to City that it has investigated and inspected, either independently or through agents of Licensee's
own choosing, the condition of the Premises and the suitability of the Premises for Licensee's
intended use. Licensee has determined, based solely on its own investigation, that the Premises are
suitable for Licensee's intended use. Licensee acknowledges and agrees that neither City nor any
of its agents have made, and City hereby disclaims, any representations or warranties, express or
implied, concerning the Premises, the physical or environmental condition of the Premises, the
present or future suitability of the Premises for Licensee's event, or any other matter whatsoever
relating to the Premises.
3. Term. Except as otherwise terminated as provided herein, the term of this Agreement
shall be from to
4. Permitted Uses. Licensee may enter and use the Premises only for the uses specified in
paragraph 1 of this License, and for no other purposes; Licensee's use of the Premises hereunder
shall be subject to the following standards, conditions and limitations:
a. Design Standards. Licensee shall be responsible for soliciting Artworks for the "Art
Houses of Marin" event; however, Licensee acknowledges and agrees that in addition to any
selection process of Licensee's, any Artwork proposed to be displayed on City property pursuant to
this License Agreement shall be reviewed and approved by the City prior to installation for
consistency with the following criteria and design standards:
i. The Artwork shall be suitable for display in a public space to a diverse audience including
persons of all ages.
ii. The Artwork shall not pose a threat to public health or safety.
iii. The Artwork shall meet applicable Americans with Disabilities Act ("ADA")
regulations.
b. City pproval of Artworks. All Artworks proposed for installation pursuant to this
License Agreement shall be reviewed and approved in writing by the City's Community Services
Director or her designee prior to installation. Licensee shall contact Carlene McCart, Community
Services Director, at least one (1) month prior to the planned date of installation to arrange for
inspection of the completed Artwork by the Community Services Director or her designee. In the
event the Community Services Director or her designee determines, in her sole discretion, that any
particular Artwork is inconsistent with the design standards set forth in subsection (a) of this
section, Licensee shall not install the disapproved Artwork.
c. Installation of Artworks. Licensee shall be responsible for any equipment, materials, and
labor needed to install and secure each Artwork, and the plan for installation of any Artwork,
including method and schedule of installation, shall be submitted to the City's Community Services
Director for approval at least two (2) weeks prior to installation of each Artwork. City shall
coordinate with the site managers for the installations, assigning staff to be on site during
installations.
5. Licensee Responsibility for Individual Artworks. Licensee hereby acknowledges that the
City shall not enter into license agreements with individual artists participating in the "Art Houses
of Marin" benefit, and agrees that Licensee will be responsible for ensuring that any agreements
between Licensee and individual artists participating in the "Art Houses of Marin" benefit shall not
violate the terms of or conflict with this License Agreement or with City's or Licensee's rights and
obligations hereunder. Notwithstanding the foregoing, prior to installation of any particular
Artwork, Licensee shall provide to City a written waiver, signed by the artist who created the
Artwork, of the artist's rights pursuant to the Visual Artists Rights Act (17 U.S.C. §§106A and
113(d), the California Art Preservation Act (Cal. Civ. Code §§987 et seq., and any other similar
laws, in the form attached hereto as Exhibit C.
6. License Personal. The license herein granted is personal to Licensee and its officers,
employees, agents and volunteers, and no right hereunder may be assigned, sublet or otherwise
transferred in whole or in part.
7. Termination; Removal or Alteration of Improvements. Notwithstanding the term set
forth in paragraph 3:
a. If Licensee defaults with respect to any obligation, covenant or condition of this License
Agreement, and fails to correct the default within five (5) days after the receipt of notice from the
City to do so, City may immediately terminate this Licensee Agreement by giving written notice to
the Licensee.
b. If City determines, in its sole discretion, that Licensee's use of the Premises unduly
impedes or restricts the movement of pedestrians, or creates an undue risk to public health or safety,
or otherwise constitutes a public nuisance, the City may terminate this License Agreement upon two
(2) days notice to Licensee.
c. City may terminate this License Agreement if the City finds that the Artworks do not
meet the Design Standards set forth in section 4(a) of this License Agreement.
d. In the event of emergency, determined in the sole discretion of the City, City may, at its
sole option and without notice to Licensee, alter, remove or protect at Licensee's sole expense, any
and all Artworks installed or placed in, on, under or about the Premises by Licensee.
e. If at any time prior to or during the term of this License Agreement, City finds any part of
the Premises to be inappropriate for any reason for installation of the Artwork, City shall have the
right, in its sole discretion, to designate an alternate location on City -owned property for installation
of the Artworks.
8. Surrender and Restoration. Upon termination of this License Agreement, Licensee, at its
sole cost and expense, shall promptly and safely remove all Artworks, signs and any other personal
property placed on the Premises, restore the Premises to their original condition, clean the premises
and cease any further use of the Premises as provided herein. Should Licensee neglect to restore
the Premises to a condition satisfactory to City, City may perform such work or have such work
performed, and Licensee shall immediately reimburse City for all direct and indirect costs
associated with such work upon receipt of a statement therefor.
9. Indemnification; Risk of Loss. Licensee shall indemnify, release, defend and hold
harmless the City, its officers, agents, employees and volunteers, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs,
arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or
negligent, of Licensee or Licensee's officers, agents and employees or volunteers, or from
Licensee's occupancy, use or misuse of the Premises pursuant to this License Agreement.
Licensee shall assume all risk of loss, damage, or injury to Licensee, or its property
including any and all Artworks, arising out of or connected to its use or occupation of the Premises
pursuant to this License Agreement, and shall indemnify and hold the City harmless from any claim
related to such loss, damage or injury.
10. Insurance. Licensee shall maintain in effect during the term of this License Agreement,
at no expense to City, insurance in a form approved by the City Attorney, as follows:
a. Worker's Compensation insurance with statutory limits as required by the Labor Code of
the State of California.
b. Comprehensive General Liability Insurance, in the minimum amount of one million
dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, and property damage.
Said policy shall be endorsed with the following specific language:
i. "The City of San Rafael, its officers, employees and volunteers, are named as additional
insureds under this policy."
ii. "The insurance provided herein is primary coverage to the City of San Rafael with
respect to any insurance or self-insurance maintained by the City, and shall not call upon City's
insurance or coverage for any contribution."
c. Licensee shall submit to the City certificates of insurance and properly executed
endorsements evidencing the term, coverage, limits and endorsements as required above.
11. Compliance with Laws. Licensee shall observe and comply with all applicable federal,
state, City, or other governmental statutes, ordinances, and regulations now in force or which
hereafter may be in force, including the ADA.
12. Notices. Any notice required under this License Agreement shall be in writing.
Delivery of such written notice shall be deemed sufficiently given forty-eight (48) hours after
deposit in the United States Mail, registered or certified, return receipt requested, with postage
thereon fully prepaid, or upon personal delivery, addressed as follows:
If to City: Carlene McCart, Community Services Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
If to Licensee: Ritter Center
Attn:
16 Ritter Street
P.O. Box 3517
San Rafael, CA 94912
Either party may at any time change its address for notices by giving written notice of such change
in the manner provided above.
13. Attorney's Fees. If either party should commence a legal action or proceeding to
enforce the terms of this License Agreement, the prevailing party in the proceeding shall receive, in
addition to court costs, reasonable attorney's fees, including the reasonable value of services
rendered by the City Attorney's Office.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of
the day and year first written above.
CITY OF SAN RAFAEL:
By Dated:
CARLENE MCCART
Community Services Director
RITTER CENTER, LICENSEE:
By
Its
Dated:
ATTEST: APPROVED AS TO FORM:
ESTHER C. BEIRNE, City Clerk ROB EPSTEIN, City Attorney
Exhibits:
A. Description of Licensed Premises
B. Description of Artworks, including signs, installation/security devices
C. Artist's Release and Waiver
