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HomeMy WebLinkAboutCS Ritter Center Temporary Art InstallationCITY OF Agenda Item No: 4 Meeting Date: March 21, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Carlene McCart, Director City Manager Approval: SUBJECT: Resolution Authorizing the Community Services Director to execute a License Agreement for Use of City Property by Ritter Center for Temporary Art Installation, Art Houses of Marin, 2011 RECOMMENDATION: Approve the Resolution. BACKGROUND: Ritter Center is a community-based nonprofit organization that assists Marin's low income and homeless population. For the past 29 years Ritter Center has helped 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 this at risk population, helping those in need become more self reliant. Ritter Center conducted a County -wide fundraising campaign in 2010, "Art Houses of Marin". Local artists were selected to design and decorate scale model "art houses" for temporary display in prominent locations throughout Marin Count. After a period of public display the individual artworks were auctioned, with proceeds directed to the Ritter Center. The City hosted 5 art house installations on public sites to support the campaign. The City authorized the installations utilizing a Licensing Agreement similar to the one with ArtWorks Downtown. For the last 6 years Artworks Downtown has installed temporary art displays on a rotating basis throughout the year at the Library, City Hall, Falkirk, Plaza and community centers. This successful program provides public art displays at little to no cost to the City, and advances the City's goals for creating interest and cultural diversity Downtown. The Art Houses campaign successfully brought temporary public art to outdoor spaces, and promoted the Ritter Center fundraising efforts. ANALYSIS: Ritter Center will repeat the campaign April. Their request is for one installation site at the Plaza. If approved staff will approve specific location and oversee the installation of the Art House. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The "License Agreement for Use of Public Property for Temporary Art Installation, Art Houses of Marin", approved by the City attorney's office is attached to this report as Exhibit A. The agreement calls for Ritter Center to select artists and artworks subject to approval by the Community Services Director who will review for suitability to the public space, diverse, multi generational audiences, compliance with Americans with Disabilities Act regulations and all health and safety codes. Under the Agreement, Ritter Center will be responsible for the installation and removal, including labor, and restoration of the site to original condition, the security and maintenance of the artwork, ADA accessibility and safety requirements, liability insurance, and indemnification FISCAL IMPACT: Staff time is required to review the proposed artwork prior to installation, and administrate the Agreement, but no City funding is required. OPTIONS: Accept staff recommendation and approve the attached resolution authorizing execution of a License Agreement with Ritter Center. Direct staff regarding alternatives to the Agreement Reject the City's participation in the Art House of Marin 2011 and 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 2011 fundraising campaign for Ritter Center. ATTACHMENTS: • Resolution • Exhibit A License Agreement RESOLUTION 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 INSTALATION, ART HOUSES OF MARIN 2011 WHEREAS, the City of San Rafael has supported a successful program from temporary public art installations since 2005; and WHEREAS, Ritter Center has requested that the city of San Rafael allow temporary art installations in the Plaza during the period of April 15 through June 12 of 2011, as part of a county -wide fundraising benefit referred to as "Art Houses of Marin"; and WHEREAS, the City of San Rafael has participated in "Art House of Marin" in 2010, permitting five public locations to be used for the temporary art installations; and WHEREAS, the City of San Rafael supports the Ritter Center in this fundraising effort, recognizing the significant role it plays in advancing the City's important policy of assisting the homeless and very low income residents of the City and County; and WHEREAS, the requested use of the Plaza for a temporary public art display such as "Art Houses of Marin" is consistent with the City's "San Rafael Downtown Vision," and advances the Vision's goal to make the Downtown "a more interesting an 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: 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, 2011 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, 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 Monday, March 21, 201 lby the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Esther C. Beirne, City Clerk EXHIBIT A 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 , 2011, by and between the City of San Rafael, a California Charter City ("City") and Ritter Center, a California non profit 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, ad as part of that event, desires to install art for public display on City -owned property. B. City is willing to grant a license to Licensee for use of the City -owned Plaza 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 know as the Plaza (hereafter, the "Premises"), for the temporary placement of a certain work of art, including necessary installation/security for such art and related identifying signs, all as designated in Exhibit A (hereafter, "Artwork"), for Licensee's 2011 "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 its "as -is" condition, without representation or warranty of any kinds, 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 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 events, 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 April 11, 2011 to June 13, 2011. 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 tat 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. CityApproval 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 designee prior to installation. Licensee shall contact Carlene McCart, community services Director, at leas one (1) month prior to the planned date of installation to arrange for inspection of the completed Artwork by the Community services Director or designee. In the event the Community Services Director or designee determines, in his/her sole discretion, that any particular Artwork is inconsistent with the design standards wet forth in subsection (a) of this section, Licensee shall not install the disapproved Artwork. c. Installation of Artwork. Licensee shall be responsible for any equipment, materials and labor needed to install and secure Artwork, and the plan for installation of 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 Artwork. City shall coordinate with the site 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 artists 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 B. 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 Artwork does 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, Artwork 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 Artwork. 8. Surrender and Restoration. Upon termination of this License Agreement, Licensee, at its sole cost and expense, shall promptly and safely remove Artwork, 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 al direct and indirect costs associated with such work upon receipt of a statement therefore. 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 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: Diane M. Linn, Executive Director Ritter Center 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: LM CARLENE MCCART Community Services Director RITTER CE TER, LICENSEE: /04 - By DIANE M. LINN Executive Director, Ritter Center ATTEST: ESTHER C. BEIRNE, City Clerk Dated Dated -' I APPROVED AS TO FORM: ROB EPSTEIN, City Attorney Exhibits: A. Description of Artwork, including signs, installation/security devices B. Artist's Release and Waiver I i' W Z 71 3 w G cc to Cl) mC'. a)C-" 0 0 ncjo W Z 71 3 w G cc to Cl) mC'. a)C-" 0 0 ncjo