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HomeMy WebLinkAbout2006 CON San Diego Port District - Shift Change Exhibit(to) AGREEMENT FOR EXHIBITS San Diego Unified Port District Document No. 512 Filed NO 0 Office of the District C erk This agreement is entered into by and between the San Diego Unified Port District ("DISTRICT") and the City of National City, California ("EXHIBITOR"), for display of a photographic exhibition titled Shift Change: Working Waterfront, by artist Ming C. Lowe ("EXHIBIT"). WHEREAS, Exhibitor desires to place its Exhibit on public display at the National City Library, in the City of National City. WHEREAS, The District's Public Art Committee or other duly authorized official(s) of the District has approved the temporary exhibition of the Exhibit at the National City Library in the City of National City. NOW, THEREFORE, the District and the Exhibitor, for the consideration and under the conditions herein set forth, and pursuant to the authority, terms and conditions set forth in Policy No. 609, agree as follows: 1. OWNERSHIP The Exhibit will remain the property of the Port of San Diego. However, by virtue of this Agreement, the District agrees to relinquish possession of the Exhibit for the "Exhibition Period" described in Section 9, below. 2. DESCRIPTIONS AND CONTENT The exhibit contents consists of twenty five framed and matted photographs of the Working Waterfront in San Diego titled Shift Change: Working Waterfront, by artist Ming C. Lowe, one framed poster with text and illustrations, and a DVD. AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum 3. CONDITIONS OF EXHIBITIONS 3.1. Exhibition Space and Accessibility. Exhibitor is responsible for the hanging and display of photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. The exhibition shall be shown in a dignified and suitable manner appropriate to its content. 3.2. Admissions. The public should be admitted to the exhibition without discrimination or segregation and regardless of race, color, creed, sex, or native order. Every effort shall be made by Exhibitor to provide full access to the exhibition for disabled individuals. Exhibitor will also display a DVD provided by the District with information about the full content of the exhibition in an accessible area. The Exhibitor will accommodate anyone who requests free entrance to the Exhibit. 4. REPRODUCTION RIGHTS District has the right to photograph, film, videotape, or otherwise depict the Exhibit at any time during the Exhibition Period and to use such photographs, film, video tapes or depictions at any time thereafter for purposes of promotion relating to the Exhibition or the District, provided that the District gives credit to the Exhibitor concurrently with such uses. Photography of the exhibition or its parts for sales or profit purposes is prohibited, and photography by pubiic visitors is prohibited. Every effort shall be made by Exhibitor to enforce these prohibitions. Photography of the exhibition is permitted only for the purposes of promotion, education and documentation of the physical condition of the work. 5. CREDIT/PUBLICITY Exhibitor will provide at least two public notices of the exhibition for each month the Exhibit is shown and in accordance to District guidelines. These notices should be in the form of press releases, website content and/or Exhibitor's newsletter. Exhibitor will 2 51208 2 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum distribute exhibition catalogue and related marketing material provided by District without alteration of content and/or form. Exhibitor will provide the Port of San Diego, Public Art and Ming C. Lowe proper credit that will appear on the entrance to the exhibition and all related print or electronic related material in the following form: Shift Change: Working Waterfront, Photographic Essay, © 2006, Port of San Diego. On loan from the Port of San Diego. 6. REGISTRATIONS AND VALUE 6.1. Photographs are registered as property of the District. Framed photographs are labeled on the verso according to their registration number in the Collection of Public Art, Port of San Diego (Exhibit A). 6.2 Exhibit value: The estimated replacement value of the exhibition is $48,000 @ 1,600 per photograph. 7. HOLD HARMLESS Exhibitor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attomeys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this service agreement, or Exhibitor's Exhibit, except claims or litigation arising through the sole negligence or willful misconduct of the District. It is the intent of this paragraph that Exhibitor indemnify and hold harmless District for any actions of Exhibitor or District, including duties that may be legally delegated to Exhibitor as to third parties, except for those arising out of the sole negligence or willful misconduct of District. The Indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Exhibitor's Exhibit, or arising from any defect in any part of the Exhibit. 8. SECURITY Exhibitor is responsible for the security of the exhibition while on its premises. 9. EXHIBITION PERIOD 3 3 51208 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum The "Exhibition Period" means a period beginning on December 1, 2006 and ending on January 16, 2007. The Exhibition Period may be shortened but not extended in duration by mutual agreement between Exhibitor and the District. Notwithstanding the foregoing, the District reserves the right, in its sole discretion and with or without cause, to decline or terminate the Exhibition at any time. 10.TRANSPORTATION, INSTALLATION, MAINTENANCE AND REMOVAL a) The District will make the incoming and outgoing shipping arrangements from the Port's Offices to and from the exhibition site. The Exhibitor will be responsible for the professional wrapping and packaging of Exhibit contents after de -installation. The District shall not bear the cost of installation and for de -installation. b) During the Exhibition Period, the Exhibitor shall be responsible for maintenance of the Exhibit. 11. EXHIBIT HONORARIA None. 12. LIABILITY FOR DAMAGE OR INJURY a) Property insurance for physical damage to the exhibit artifacts is provided by the District. The District will provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay the deductible. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (I) Exhibitor may provide proof of existing property insurance specific to the artifacts in the exhibit. (II) The District can provide property insurance for the specific artifacts in the exhibit for time period of this agreement. The property insurance provided by the District includes All Risk coverage with a $1,000 deductible. The District will pay 4 51208 41 AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum the deductible. This insurance coverage will be provided only if requested by the Exhibitor. This extra coverage will be obtained at no cost to the exhibitor. The District will submit to Exhibitor a written inventory of registered items on loan and estimated value of each and every item to be exhibited (Exhibit A). (III) A detailed inventory of all exhibit items, including their physical condition, must be verified at the time of installation and any time thereafter that exhibit items are removed or added. Inventory will include registration numbers of photographs as registered in the collection of Public Art, Port of San Diego. Representatives of the District and Exhibitor, both of whom shall sign the inventory list retaining a copy, shall conduct this verification jointly. b). Exhibitor is responsible and liable for any damage or destruction loss that may occur during installation, and during de -installation. Exhibitor shall maintain Commercial General Liability in the amount of $1,000,000 Combined Single Limit for the entire term of this agreement. This policy shall be endorsed to include the San Diego Unified District and its officers and employees as Additional Insureds. Exhibitor may satisfy the requirements of this Section 12 (b) by maintaining its lawful self -insured status during the term of this agreement. (I). The exhibitor shall fumish the District with certificates of insurance for the policies described above upon execution of their Exhibitor Agreement, upon renewal of any of these policies and prior to installing the exhibit. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. (II). A Certificate of Insurance in a form acceptable to the District evidencing the existence of the necessary insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail certificates and endorsements to: Public Art Department San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 5 51208 s AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum 13. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superceded hereby. 14. MODIFICATION No alteration, change, amendment or modification of the terms of this Agreement shall be valid, unless made in writing and signed by both parties hereto and approved by appropriate action of the District and the Committee. 15. GOVERNING LAW This agreement is entered into in and shall be govemed by laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year set forth below. DATED: November15, 2006 SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY CATHERINE SASS Public Art, Director Port Attorney 6 NI Mayor APPROVED AS TO FORM George H. Eiser, III City Attorney 51208 (P AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum Exhibit A Photographs (digital files and prints) in this Exhibit are registered under the general work title of "Ming Lowe's Photographic Exhibition" (also known in the literature as Shift Change: A Photographic Essay) as follows: Artist: Ming C. Lowe Unit Size: 25 x 32 inches, framed Media: Digital photo prints, digital files. Quantity: Twenty-nine (29) color photographs, one (1) black and white photograph, and thirty (30) corresponding digital files. Registration Numbers Title Lowe1/25bw Shift Change Lowe2/25c Pasha # 1 Lowe3/25c Tenth Ave. # 1 Lowe4/25c Untitled Lowe5/25c Tenth Ave. # 2 Lowe6/25c Knight and Carver # 1 Lowe7/25c Nassco # 1 Lowe8/25c Dixiline # 2 Lowe9/25c Continental # 1 Lowel0/25c Dixiline # 3 Lowe11/25c BAE from Continental Lowe12/25c Continental # 2 Lowel3/25c Nassco # 3 Lowe14/25c Dixiline # 1 Lowe15/25c Continental # 3 Lowe16/25c Nassco # 2 Lowe17/25c Nassco # 6 Lowe18/25c Nassco # 5 Lowe19/25c Pasha # 2 Lowe20/25c Kelco # 1 7 51208 -� AGREEMENT FOR EXHIBIT. Port of San Diego -Maritime Museum Lowe21 /25c Train Lowe22/25c Pasha # 3 Lowe23/25c Continental # 4 Lowe24/25c Pasha # 4 Lowe25/25c H & M Landing LoweSeries2: 1/5 Dole LoweSeries2: 2/5 Nassco # 4 LoweSeries2: 3/5 Kelco # 2 LoweSeries2: 4/5 Knight and carver # 2 LoweSeries2: 5/5 Tenth Ave. # 2 MCL DVD 2006 DVD with digital documentation of entire Exhibit 8 51208 z SAN DIEGO UNTIED PORT DISTRICT CERTIFICATE OF INSURANCE ONLY THIS CERTIFICATE OF INSURANCE WILL BE ACCEPTED 8y signing this form. the authorized agent or broker certifies the following: it) The Policy or Policies described below have been issued by the noted insurer(s)',Insurance Company(ies)) to the Insured and is (are) in force at this time. (2) As required in the Insured's agreements) with the District, the policies include, or have been endorsed to include. the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District , Audit & Risk Management P. O. Box 120488, San Diego, CA 92112-0488 (619) 686-6432 (Fax) (856) 795-3767 Name and Address of Insured (Contractor or Vendor) SOUK) Contract Number This certificate applies to all operations of named Insureds property in connection with all agreements between the District and Insured. CO LTR TYPE OF INSURANCE POUCY NO. DATES LIMITS Commercial General Liability O Occurrence Form Commencement Date: Each Occurrence: S 0 Gleams -made Form Retro Dale Expiration Date: General Aggregate: - 0 Liquor Uabigty Deductible/SIR: S S Commploai AulanobBe Liability O AR Autos O CM, ed Autos O Non -Owned & Hired Autos Date: Expiration Date: , Each Occurrence: S Workers Co mpensation — Statutory F-rnpbyees l}.Wity Commencement Date: Expiration Date: EL Each Accident S E.L. Disease Each Employee S E.L. Disease Policy Umit S Professional Liability 0 Claims Made Retro-Active Date Commencement Data: Expiration Date: Earn Ctim S EacessAimbrella UabLlty Commencement Date: Each Oar,rrenra: $ Expiration Gate: General Aggregate:$ CO LTR COMPANIES AFFORDING COVERAGE BESTS RATING A B C 0 A. N. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- YII or Better unless Approved in Writing bye,* District. Name and Address Of Aulnorized Agnil(s) or Brokers) E-Mail Address: Phone: Fax Number: Signature of Authorized Ageni(s) to 8roker(.$) Gate: Page 1 of 2 51208 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it Is agreed as follows: The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or Invitees, or activities performed on behalf of the named insured. 2. insurance under the policy(es) listed on this endorsement is primary and no other insurance or self - insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall he given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements or exclusions of the policy(ies) to which this enuorsement appttes. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: San Diego Unified Port District Audit & Risk Management P.O. Box 120488 San Diego, CA 92112-0488 • /c 51208 MEETING DATE 10/17/06 City of National City, California COUNCIL AGENDA STATEMENT 21 AGENDA ITEM NO. ITEM TITLE Resolution of City Council approving agreement with the Unified Port of San Diego for displaying an art exhibit entitled "Shift Change, a Working Waterfront" by Ming Lowe. PREPARED BY Susanna H. Peredo DEPARTMENT EXPLANATION (619) 336-4243 See attached Staff Report. Community Services Environmental Review X N/A Financial Statement Option One: Approximately $2,000-$3,000. Clearing & restructuring entrance area & small gallery area or former library building into temporary art exhibitio area. Option Two: Approximately $500-$1,000. Minimal manpower for installationlof photography exhibit. Funding is available through Account #001-409ACcounii40. STAFF RECOMMENDATION Staff recommends that City Council approve Option Two for exhibiting artist Ming Lowe's photographic exhibit, Shift Change: Working Waterfront. Council may also recommend an alternate City facility besides Option One & Option Two to house this exhibit for the month of December. Approval of agreement w/Port of San Diego. Option two consists �f City Council Chambers, lobby entrance area, and large conference room of City Hall, 2n floor. BOARD/COMMISSION RECOMMENDATION The NC Public Art Committee unanimously recommends Option Two because of the location's high visibility, adequate security, & minimal cost to the City. They also note that once completed, the future Arts Center will be the most appropriate venue for an exhibit of this size & caliber. ATTACHMENTS ( Listed Below ) Resolution No. ,, CO(' 2)---I ,C)Agreement )Curatorial examples for Option One 2)Curatorial examples for Option Two ,g)Exhibition Catalogues 11)Examples of museum -quality hanging products. A-200 (9:80)) STAFF REPORT: Shift Change: Working Waterfront by Ming Lowe The Port of San Diego's yearly 1.1 million -dollar Public Art budget allows for each of the 5 Port cities to experience a variety of different Public Art exhibitions/ installations both permanent and temporary. Shift Change: Working Waterfront, by photographer Ming Lowe is a traveling photography exhibit valued at $40,000. It is being offered on loan to the City of National City through the Port's Public Art Department and is currently available for the month of December 2006. This exhibit consists of thirty framed and matted 25" x 32" color photographs highlighting Port industry along the waterfront; one framed panel with text and illustrations; exhibition catalogues; and a DVD. Under this agreement, the City of National City will be responsible for the following: • Hanging photographs in accordance with professional museum standards regarding display, environmental control, Lighting, visibility, and security. • Providing free access to all members of the community; including ADA access. • Providing at least two public notices in the form of press releases, website, or newsletter. • Providing a letter of self-insurance regarding its public liability exposures. The City of National City currently has coverage for loaned artwork under its property policy obtained through San Diego Pooled Insurance Program Authority (SANDPIPA); therefore no additional cost to the City is anticipated. On July 10t, 2006 I met with Marta Garsd from the Port's Public Art Dept. to determine which City facilities had the capacity to house an exhibit of this size and caliber. Option One: Full exhibit in entrance area and small "gallery area 1" of the old library building (former Local History Room). This choice would require that access areas be cleared or restructured. (See attached examples). Approximately $2,000.00-$3,000.00 to achieve museum quality standards. Option Two: Partial exhibit of approx. 20 photographs in City Council Chambers, Lobby area, and Large Conference room. This location would necessitate minimal manpower to install and fulfills requirements for accessibility, and security under contract. (See attached example) Approximately $500.00 - $1,000.00 to achieve museum -quality standards. CD\ RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE LOAN OF AN ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, FOR DISPLAY IN NATIONAL CITY DURING THE MONTH OF DECEMBER, 2006 WHEREAS, the San Diego Unified Port District's yearly 1.1 Million dollar Public Art budget allows for each of the five Port cities, including National City, to experience and display a variety of different Public Art exhibitions, both permanent and temporary; and WHEREAS, the San Diego Unified Port District has offered to loan an art exhibit for display entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for the month of December, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the loan of an art exhibit entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for display during the month of December, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2006 — 221 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE LOAN OF AN ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, FOR DISPLAY IN NATIONAL CITY DURING THE MONTH OF DECEMBER, 2006 WHEREAS, the San Diego Unified Port District's yearly 1.1 Million dollar Public Art budget allows for each of the five Port cities, including National City, to experience and display a variety of different Public Art exhibitions, both permanent and temporary; and WHEREAS, the San Diego Unified Port District has offered to loan an art exhibit for display entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for the month of December, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the loan of an art exhibit entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City for display during the month of December, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of October, 2006. , Mayor ATTEST: Mic ael Da a, Clerk APPROVED AS TO FORM: /-) George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 17, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of Nation -I City, California 4 City ' erk of the City of ' ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-221 of the City of National City, California, passed and adopted by the Council of said City on October17, 2006. City Clerk of the City of National City, California By: Deputy