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HomeMy WebLinkAboutMINUTES - 05132014 - C.48RECOMMENDATION(S): APPROVE and AUTHORIZE the Librarian, or designee, to execute a license agreement effective August 7, 2014, including modified indemnification language, with the City of Walnut Creek, Lesher Center for the Arts in an amount not to exceed $3,000 to provide a venue for the 2014 Summer Reading Festival author event. FISCAL IMPACT: The license fee will not exceed $3,000 and will be offset by admission revenue estimated at $3,564. Any excess admission costs will be used to offset speaker's costs, which are included in the Library's 2013-14 budget. BACKGROUND: On August 7, 2014, the Contra Costa County Library's annual Reading Festival will conclude with the ever-popular Summer Reading Program. The festival will feature authors, events, music and more. The Library will feature an author talk at the City of Walnut Creek Lesher Center for the Arts - Margaret Lesher Theatre at 7 p.m. on Thursday, August 7, 2014. The Library will charge $12 admission for each seat. Cost of admission will be used to offset expenses related to the event. Tickets will be sold through the Lesher Center for the Arts and the event will be publicized throughout the county. The City of Walnut Creek Lesher Center for the Arts Agreement contains the following modified indemnification language: "COPYRIGHTS: USER shall assume all cost and liability arising from the use of patented, trademarked, franchised, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/13/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES 5 NOES ____ ABSENT ____ ABSTAIN ____ RECUSE ____ Contact: Gail McPartland, 925-927-3204 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 13, 2014 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 48 To:Board of Supervisors From:Jessica Hudson, County Librarian Date:May 13, 2014 Contra Costa County Subject:City of Walnut Creek Lesher Center for the Arts Library Agreement BACKGROUND: (CONT'D) or copyrighted material used in or incorporated in its performance, as well as all cost and liability for material which violates the right to privacy or right of publicity or any other liability for defamation based on the material used in or incorporated in the performance. USER agrees to indemnify, defend and hold harmless the CITY, its officers, agents, employees and contractors from any liabilities, expenses, damages, claims or costs, including legal fees, which might arise from such matters." "USER agrees to indemnify, hold harmless and defend the CITY, its officers, officials, agents, employees, contractors and volunteers, against any and all claims for damages, including claims of liability or judgment for any injury to or death of any person or damage to property whatsoever, caused by, created by, or in any way connected with the performance of the Event by USER, other than claims arising from the sole negligence or willful misconduct of CITY." CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved then the Library will not have a venue to hold the author event. The event will have to be canceled. CHILDREN'S IMPACT STATEMENT: N/A