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HomeMy WebLinkAbout2007 CON San Diego Port District - Amendment - Shift Change ExhibitAMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR EXHIBITS This Amendment to Agreement is entered into this 16th day of January, 2007, by and between the SAN DIEGO UNIFIED PORT DISTRICT (the "DISTRICT") and the CITY OF NATIONAL CITY (the "EXHIBITOR"). WHEREAS, on or about November 15, 2006, DISTRICT and EXHIBITOR entered into an Agreement for Exhibits (the "Agreement") wherein DISTRICT granted EXHIBITOR the right to display a photographic art exhibition entitled Shift Change: Working Waterfront by photographer Ming Lowe. WHEREAS, pursuant to the Agreement, the Exhibition Period for the photographic art exhibition was to have begun on December 1, 2006 and ended on January 16, 2007. WHEREAS, DISTRICT and EXHIBITOR desire to amend Section 9 of the Agreement to extend the Exhibition Period up to and including March 1, 2007. NOW, THEREFORE, DISTRICT and EXHIBITOR, for the consideration of the mutual benefit to be derived therefrom, hereby agree that Section 9 of the Agreement for Exhibits entered into on or about November 15, 2006, is amended to state as follows: 9. EXHIBITION PERIOD The "Exhibition Period" means the period from December 1, 2006 up to and including March 1, 2007. Notwithstanding the foregoing, DISTRICT reserves the right in its sole discretion and with or without cause to decline or terminate the Exhibition at any time. With the foregoing exception, each and every provision of the Agreement for Exhibits entered into on or about November 15, 2006 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. SAN DIEGO UNIFIED PORT DISTRICT By: Catherine Sass Public Art Director APPROVED AS TO FORM: ,4C uane E. Bennett DEF,e0tOrecittr ATTORNEY CITY OF NATIONAL CITY Bv: on Morrison, Mayor APPROVED AS TO FORM: By: George F4. Eiser, III City Attorney RESOLUTION NO. 2007 — 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE EXHIBITION PERIOD OF THE ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, TO MARCH 1, 2007 WHEREAS, on November 15, 2006, the City Council adopted Resolution 2006- 221 authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for the loan of an art exhibit for display in National City entitled "Shift Change: Working Waterfront", by photographer. Ming Lowe, to the City of National City from December 1, 2006 to January 16, 2007; and WHEREAS, the art exhibit was installed in the National City Public Library on December 1, 2006, and is currently scheduled for de -installation on January 17, 2007; and WHEREAS, the San Diego Unified Port District has offered to extend the exhibition date to March 1, 2007; and WHEREAS, the City and the San Diego Unified Port District desire to amend the Agreement for the loan of the art exhibit to extend the exhibition period of the Agreement to March 1, 2007. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Amendment to Agreement with the San Diego Unified Port District to extend the date of the art exhibition entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to March 1, 2007. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16`h day of Ja07. Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on January 16, 2007, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRIS { N Mayor of the City of Nati. al City, California A City lerk of the ity . National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-10 of the City of National City, Califomia, passed and adopted by the Council of said City on January 16, 2007. City Clerk of the City of National City, Califomia By. Deputy r City of National City COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2007 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of City Council approving amendment to extend term of agreement with Unified Port of San Diego for Shift Change: A Working Waterfront by Ming Lowe. v PREPARED BY: Susanna H. Peredo DEPARTMENT Community Services (619) 336-4243 Please see attached explanation. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Staff recommends that City Council approve the attached amendment to extend term of agreement with the Unified Port of San Diego to exhibit artist Ming Lowe's photographic exhibit, Shift Change: A Working Waterfront until March 1, 2007 in the National City Public Library. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Explanation 2. Amendment to extend term of agreement with the San Diego Unified Port District. Resolution No. aoo 1 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR EXHIBITS This Amendment to Agreement is entered into this 16th day of January, 2007, by and between the SAN DIEGO UNIFIED PORT DISTRICT (the "DISTRICT") and the CITY OF NATIONAL CITY (the "EXHIBITOR"). WHEREAS, on or about November 15, 2006, DISTRICT and EXHIBITOR entered into an Agreement for Exhibits (the "Agreement") wherein DISTRICT granted EXHIBITOR the right to display a photographic art exhibition entitled Shift Change: Working Waterfront by photographer Ming Lowe. WHEREAS, pursuant to the Agreement, the Exhibition Period for the photographic art exhibition was to have begun on December 1, 2006 and ended on January 16, 2007. WHEREAS, DISTRICT and EXHIBITOR desire to amend Section 9 of the Agreement to extend the Exhibition Period up to and including March 1, 2007. NOW, THEREFORE, DISTRICT and EXHIBITOR, for the consideration of the mutual benefit to be derived therefrom, hereby agree that Section 9 of the Agreement for Exhibits entered into on or about November 15, 2006, is amended to state as follows: 9. EXHIBITION PERIOD The "Exhibition Period" means the period from December 1, 2006 up to and including March 1, 2007. Notwithstanding the foregoing, DISTRICT reserves the right in its sole discretion and with or without cause to decline or terminate the Exhibition at any time. With the foregoing exception, each and every provision of the Agreement for Exhibits entered into on or about November 15, 2006 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY By: By: Catherine Sass Ron Morrison, Mayor Public Art Director APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Duane E. Bennett George H. Eiser, III P ort Attorney City Attorney EXPLANATION: Shift Change: A Working Waterfront, by photographer Ming Lowe is a traveling photography exhibit valued at $48,000 and is currently on display in the National City Public Library. This cxhibit is on loan to the City of National City through the Port of San Diego's yearly $1.1 million Public Art Program. It consists of twenty-five 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. On November 15, 2006 National City, City Council unanimously approved the installation of this exhibit in the National City Public Library. It was installed on December 1, 2006 and is currently scheduled for de -installation on January 17, 2007. On January 5, 2007 Marta Garsd from the Port of San Diego's Public Art Department called with an offer to extend the exhibition dates in National City to March 1, 2007. Under the previously approved agreement, the City of National City was held 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, wcbsite, or newsletter. • Providing a letter of self-insurance regarding its public liability exposures. (The City of National City currently has coverage for loaned artwork until July 2007 under its property policy obtained through San Diego Pooled Insurance Program Authority (SANDPIPA). No additional cost is anticipated.) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE EXHIBITION PERIOD OF THE ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, TO MARCH 1, 2007 WHEREAS, on November 15, 2006, the City Council adopted Resolution 2006- 221 authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for the loan of an art exhibit for display in National City entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City from December 1, 2006 to January 16, 2007; and WHEREAS, the art exhibit was installed in the National City Public Library on December 1, 2006, and is currently scheduled for de -installation on January 17, 2007; and WHEREAS, the San Diego Unified Port District has offered to extend the exhibition date to March 1, 2007; and WHEREAS, the City and the San Diego Unified Port District desire to amend the Agreement for the loan of the art exhibit to extend the exhibition period of the Agreement to March 1, 2007. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Amendment to Agreement with the San Diego Unified Port District to extend the date of the art exhibition entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to March 1, 2007. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 7, 2007 Ms. Catherine Sass Public Art Director Public Art Department San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Dear Ms. Sass, On January 16, 2007, Resolution No. 2007-10 was passed and adopted by the City Council of National City, authorizing the Mayor to execute an amendment to agreement with the San Diego Unified Port District. We are enclosing for your records a certified copy of the above Resolution. Michael R. Dalla, CMC City Clerk Enclosure cc: Community Services ® Recycled Paper