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Home My WebLink About19- Temporary License - Story Mill Community Park - Installation of Art TEMPORARY LICENSE FOR INSTALLATION OF ART AT STORY MILL COMMUNITY PARK This License Agreement("Agreement") is made and entered into on /tSfi' , 2019, between the City of Bozeman, 121 North Rouse Street, Bozeman,Montana ("City") and Mountain Time Arts, located at 104 E. Main St. Suite One, Bozeman MT 59715 ("Licensee"). The City and Licensee agree as follows: 1. Licensed Area; Scope. Licensee will install five (5)banners along the Story Mill Community Park("Park")pathway in accordance with Licensee's memorandum dated August 2, 2019 ("Memo"), attached hereto and by this reference made a part of this Agreement. This Agreement grants a non-exclusive license to Licensee during the period of August 23, 2019 through August 30, 2019 for the Licensee's use of the Park as described in the Memo.Licensee is responsible for maintaining the Artwork Installation in a manner free of obvious and inherent hazards and risks of injury to person or property. The City may order Licensee to immediately remove any artwork if the City determines the artwork poses a hazard to public health and safety. 2. Indemnification. To the fullest extent permitted by law,Licensee shall release, and protect, defend, indemnify, and hold harmless the City, and their agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages occasioned by, growing or arising out of or resulting from or in any way related to: (i)the negligent,reckless, or intentional misconduct of the Licensee, its officers, employees, or agents; (ii) any negligent, reckless, or intentional misconduct of any of the artists or owners of artwork installed in the License Area; and (iii)the negligent,reckless, or intentional misconduct of any other third party with respect to the artwork installed in the License Area. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. 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). Licensee's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by the City. Should any indemnitee described herein be required to bring an action against the Licensee to assert its right to defense or indemnification under this Agreement or under the Licensee's License for Artwork Installations at Story Mill Community Park 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 the Licensee was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. These obligations shall survive termination of this Agreement. 3. Property Damage Coverage for Installed Artwork. Licensee shall maintain, or require and ensure that the owner of artwork to be installed in the License Area maintain,prior to installation, property damage insurance for each piece of art at Licensee's or owner's own expense. 4. City not Consignee,Exhibitor or Art Dealer.The Licensee recognizes the City in granting the permission to use the License Area as described in this Agreement is not acting as an exhibitor, consignee, or art dealer and notwithstanding the requirements of Section 9, above, Licensee shall indemnify, defend, and hold the City harmless from any claim of whatever nature regarding the City acting as a consignee, exhibitor, or art dealer. 5. Nondiscrimination. Licensee shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Hiring must be on the basis of merit and qualifications, and Licensee shall not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment, in performance of its acts and obligations under this Agreement, or in selection of artwork for installation because of race, color,religion, creed,political ideas, sex, age,marital status,national origin, actual or perceived sexual orientation, gender identity,physical or mental disability. Licensee shall require these nondiscrimination terms of its contractors and artists installing artwork pursuant to this Agreement. IN WITNESS WHEREOF, City and Licensee have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN MOUNTAIN TIME ARTS i 14jk, 4Rosenbc&,Assisti0it City Manager Jim Madden,Board President APPROVED AS TO FORM: By��_ Karen Stambaugh,A istant City Attorney License for Artwork Installations at Story Mill Community Park U N T A I N T I ME A R T M O U N T A I N T I M E A R T 5.O R G MEMO August 2, 2019 To: Jamie Saitta, Parks & Recreation Dept., City of Bozeman Mitch Overton, Parks & Recreation Dept., City of Bozeman From: Jim Madden, Mountain Time Arts (MTA) Mountain Time Arts is pleased to request a temporary public art installation to be displayed in Story Mill Community Park from Friday, August 23 to Friday, August, 30, 2019. We request to install five (5) banners along the pathway between the Park Community Center and the Griffin Drive park access point (see site plan below). The banners would form an interesting visual display for visitors attending MTA's event at the Story Mill Buildings on the evenings of August 28 and 29 as well as being a cultural enhancement to the park during the last week of August. PROJECT DESCRIPTION Mountain Time Arts will present five (5) photographic banners by photographer Adam Sings In The Timber, featuring five Native women with ties to Bozeman. Sings In The Timber has created five portraits with an intertribal group of women who reside in the Gallatin Valley, using familiar Bozeman landmarks as his backdrops. This project is part of Sings In The Timber's "Indigenizing Colonized Spaces"series. Sings In The Timber photographs women who are descendants of tribes that originally lived in specific regions. Sings In The Timber's portraits help us to see familiar sites in new ways. The featured women are community leaders, artists, activists, and students: Florence Doyle (Apsaalooke), Alisha Nicole Fisher (Tsitsistas and Apsaalooke), Shakira Glenn (Apsaalooke), Jaya King (Amskapi Pikuni) and Francesca Pine Rodriguez (Apsaalooke and Tsitsistas). ABOUT THE ARTIST Adam Sings In The Timber is an enrolled member of the Crow (Apsaalooke) Nation in Montana, USA. Adam was born in Montana and grew up in the Midwest of the USA. He studied photojournalism at the University of Montana, Missoula. Currently based in Chicago, Illinois, his work captures the beauty and complexities of Native American culture. 104 E. Main St. Suite One • Bozeman, MT 59715 • 406-599-0293 www.mountaintimearts.org PHOTOGRAPHS BANNER SPECIFICATIONS, Banner; Image printed on vinyl 80-h- . X 54-v,, Support: 3f4"♦✓lack steel pipe, 8.75 ft. high ,'-;ft. wide. mounted ^;, gzouns pates with (2.) 60# sandbags. pE 7 +" m r ia►L �', 1,ssr,c•z 5� L" a l 5' LAP& 104 E. Main St. Suite One Bozeman, MT 59715 406-599-0293 www.mountaintimearts.org s 91 Por .,� dZU Al � ♦ O CY w E STORY MILL COMMUNITY PARK BANNER LOCATION The banners will be placed in the locations indicated on the SMCP Plan above. INSTALLATION MTA will install the five (5) banners on Friday, August 23, 2019. They will remain in place for one week. MTA will remove the banners on Friday, August, 30, 2019. ENGINEER REVIEW Ty Monks, Nishkian Monks, has reviewed the stability of the banner supports for wind and other lateral loads and finds the support system appropriate for temporary display in a public location. LIABILITY WAIVER MTA is solely responsible for the entirety of this temporary public art installation. MTA hereby states that neither the City of Bozeman nor the Trust for Public Land are responsible for any damages or liability that may occur during the installation period of the banners. Mountain Time Arts maintains liability insurance in the amount of$4 million dollars. Respectfully submitted, Jim Madden Board President 104 E. Main St. Suite One • Bozeman, MT 59715 • 406-599-0293 www.mountaintimearts.org