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HomeMy WebLinkAboutItem 5f. Authorize Suspension of Enforcement of Business License Requirement for Artist's in Box Art Program Item 5f Department: Parks and Recreation Cost Center: 2000503 For Agenda of: 3/18/2024 Placement: Consent Estimated Time: N/A FROM: Greg Avakian, Parks & Recreation Director Prepared By: Meghan Tolley, Recreation Manager SUBJECT: AUTHORIZE SUSPENSION OF ENFORCEMENT OF BUSINESS LICENSE REQUIREMENT FOR LOCAL ARTISTS PARTICIPATING IN THE CITY'S BOX ART PROGRAM RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing suspension of enforcement of business license requirement for local artists participating in the City's Box Art program.” POLICY CONTEXT The City reaffirmed Diversity, Equity and Inclusion (DEI) as a Major City Goals in the 2023-25 Financial Plan: The City is committed to “making San Luis Obispo a welcoming and inclusive city for all by continuing to incorporate diversity, equity, and i nclusion into all programs and policies and advancing the recommendations of the DEI Task Force.” Included in this work is the expectation that the City will engage in initiatives that advance DEI within the organization and community, specifically: 1. Develop and implement strategies, programs, and policies that build a workplace culture and community of inclusion, fairness, and belonging for all. 2. Involve underserved/underrepresented communities and diverse voices in program development and delivery to ensure current lived experiences drive understanding, priorities, and efforts. The City reaffirmed Cultural Vitality as a Major City Goal: The City will engage and expand up on its community partnerships and invest in infrastructure, promotion, programs, and polices that support the economic resiliency and cultural vitality of the community while ensuring fiscal sustainability. Additional focus will be placed on the retention and expansion of existing businesses, the vitality of arts and culture, the vita lity of the downtown, and supporting underserved groups and populations. Additionally, all actions will be viewed through the lens of the City’s Sustainability and DEI efforts. Page 209 of 559 Item 5f San Luis Obispo Municipal Code: 5.01.102 Business license required. It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005) Chapter 3.01 of the Municipal Code imposes a tax upon business carried out in the City in the amount of fifty cents per thousand dollars of gross receipts, as defined in Section 3.01.104 DISCUSSION Background The City has continued to make Public Art a priority, finding ways to streamline the process to engage local artists in the program. One of the key and beloved programs within Public Art is the community wide Box Art Program. The Box Art Program is intended to make art accessible throughout the City, prevent graffiti and vandalism to utility boxes, and directly support the local artist community. First established in 2010, the Box Art program was developed as a pilot program t o abate graffiti on City owned utility boxes with the second phase occurring in 2012. In March 2015, the City Council approved updates to the City’s Public Art Policy to include the Utility Box Art pilot program as an ongoing temporary public art project within the City’s Public Art Program. Artists would be paid between $700 to $1,500 in addition to a supply voucher, and a $100 honorarium for their conceptual renderings, for the design and installation of a unique, jury selected design (Attachment B). Artists were required to obtain an encroachment permit at no cost to the artist. In July 2016, Council approved Box Art program changes to maintain, replace, expand and archive box art murals. The third phase of installations occurred in 2016 with another roun d in 2018. In April 2019, Council approved a streamlined process for the implementation of minor (temporary or semi-permanent) public art projects, including utility boxes. Program Relaunch and Requirement Changes In 2024, the program was revitalized after a nearly six-year hiatus. New utility boxes had been installed within the City and the original boxes from 2010 were showing significant wear and tear. While Council approved a rotation for maintenance and deaccession in 2016, original boxes had not been replaced due to staff priorities influenced by the pandemic and priority to first cover blank boxes. During this program relaunch, staff became aware of a memorandum from the Contractors State License Board regarding California Business and Professions Code 7026. The memo indicates that all installations of public art, including the painting of utility boxes, must be completed by a licensed contractor. No such licensing process existed at that time. The solution found was to utilize an RFP/Call for Artists (Attachment C), use the typical jury selection process to identify top images, purchase the use of the image from the artist, have the original art digitally converted, and hire a Page 210 of 559 Item 5f licensed contractor to vinyl wrap the boxes. This solution still encouraged community involvement, honored the local artist community, and protected the City by hiring a licensed contractor to install the vinyl wrap, thus complying with California Business and Professions Code 7026. Changing the installation process to utilize vinyl wrapping made the program more inclusive to community participants by expanding the variety of art mediums and mitigating the physical demands and ability required of artists to paint directly on the boxes. Once the art jury selected the top designs for the first installation of 2024, staff followed the standard procedure, utilizing the previous artist agreement (Attachment D) and prepared to pay the artists the agreed upon fee ($800) for the use of the art, as outlined in the RFP. However, it was discovered that San Luis Obispo Municipal Code 5.01.102 (Attachments E and F) appears to require all Box Artists, over the age of 18, receiving payment from the City to have a current City business license. In early 2024, the cost for these business licenses varied from $97 for out of City residents to $424.35 for residents living in Downtown SLO. Since this time, the fees increased with Council approved fee adjustments in October 2024, as outlined in the chart below. Business License Fee Type Breakdown of Fees Total Cost Outside the City $126.89 business license $126.89 Location within City $126.89 business license $301.94 home occupancy permit $428.83 Downtown Location $126.89 business license $301.94 home occupancy permit $150 annual downtown fee $578.83 These business license fees were determined by staff to be a deterrent to potential artists and financially impactful to the artists and the program. As the artists had entered into an artist agreement with the City, originally for payment of $800 without being required a business license, staff determined the City would increase the stipend to $1,075 to offset the unexpected cost for each artist to purchase a business license. For the second round of installations in 2024, the business license requirement was advertised in the RFP and the stipend increased to $1,000 (from originally budgeted $800) to compensate for the license expense, as outlined in the Box Art Purchase Order Terms and Conditions 2024 (Attachment G). Year Phase Number of Boxes Number of Artists Amount paid to artist per box Amount paid by City per box, excluding artist fee Cost for a business license paid by each artist 2010 1 – Pilot 16 boxes 13 $1,500 + $200 supplies $333 (box preparation) $0 (not required) 2012 2 – Pilot 17 boxes 14 $1,500 + $200 supplies $350 (box preparation) $0 (not required) 2016 3 11 (8 new; 3 repairs) 10 $700 small box, $1,500 large box +$200 supplies +$100 honorarium $350 (box preparation) $0 (not required) Page 211 of 559 Item 5f 2018 4 26 boxes 19 $700 small box, $1,500 large box +$200 supplies +$100 honorarium $650 (box preparation) $0 (not required) 2024- Spring 5 11 boxes 11 $1,075 for use of design $1,700 (box preparation and vinyl wrap) $97-424.35 2024 - Fall Replacement Round 1 10 boxes 10 $1,000 for use of design $1,700 (box preparation and vinyl wrap) $97-424.35 2025 15th year anniversary proposal 15 15 $800 for use of design $1,700 (box preparation and vinyl wrap) TBD As the Box Art Program is geared to engage and celebrate local community members art, many of the individuals submitting their art through the RFP are still in the category of “new artist” or even “exploratory” artist, not yet earning a living as an artist, meaning that a majority do not have business licenses. In fact, one artist resides at 40 Prado and was supported in the design submission by City Community Action Team (CAT). In Spring of 2024, of the eleven artists chosen, eight were required to purchase business licenses, as two already had them and one was under the age of 18. There was an additional impact to staff in Finance, as well as Parks and Recreation, to track the purchase of each of these licenses prior to payment. At a recent Public Art administrators forum held in January of 2025, with representation from Paso Robles to Ventura, staff learned that no other agency requires business licenses for their utility box programs. The reason being that the cost of the business license could be up to 50% of the payment for art. That is in addition to the administrative burden for staff time to manage the application process. In order to continue the success of the Box Art program discussed above, staff recommends that the Box Art program not be treated as a business activity under the municipal code. Under staff’s recommendation, participation in the Box Art program, in and of itself, will not trigger the need for an artist to obtain a City business license, and the stipend paid by the City will be excluded from “gross receipts” for the purposes of calculating business tax under Chapter 3.01 of the municipal code (if applicable to the artist). Staff acknowledges that some Box Art program participants are required to obtain or maintain a business license and pay business tax for other business activities they carry out within the City. Thus, staff’s recommended action and proposed Resolution would not exempt individuals from the business license or business tax requirements if those requirements are otherwise applicable to that individual. Previous Council or Advisory Body Action  June 2010 – as part of the City’s Downtown Maintenance and Beautification project, the City Council approved funding for the Utility Box Art pilot project.  March 2015 – City Council approved the Utility Box program to become an ongoing temporary art program. Page 212 of 559 Item 5f  July 2016 – City Council approved Box Art program changes to maintain, replace, expand and archive box art murals  April 2019 – Council approved a streamlined process for the implementation of minor (temporary or semi-permanent) public art projects, including utility boxes  June 2023 – City Council adopted the 2023-25 Financial Plan, which reaffirmed the City's Major City Goals of Diversity, Equity and Inclusion as well as Economic Resiliency, Cultural Vitality and Fiscal Sustainability Public Engagement Staff received feedback from the applicants in 2024 questioning the need for a business license and expressing concerns of financial impacts and accessibility of obtaining individual business licenses. Further feedback was provided at a Box Art event on December 6, 2024, which both new and veteran box art artists discussed the impact that the business license had on ability and desire to participate in the program . Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public testimony during the meeting. CONCURRENCE The City’s Finance Department, City Attorney’s Office, and Diversity, Equity and Incl usion Division concur with the recommendation. ENVIRONMENTAL REVIEW The recommended action is not considered a “Project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378. FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: No Fiscal Analysis: Typically, the City would require a business licence from those engaged in business activities. The language of the municipal code is quite broad and could include City sponsored contests such as this. Because it is uncertain how many artists already have business licences, and whether the requirement should apply to all applicants or just those who are selected by the City, the fiscal impact of waiving the license requirement is unclear. Additionally, the Public Art Fund has covered the costs associated with artists purchasing a business license. Removing the business license requirement would allow for better use of Public Art Funds to support more community art related programming. Page 213 of 559 Item 5f Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total N/A N/A N/A N/A ALTERNATIVES Require all artists to have a business license. This requirement may deter community artists with limited financial resources from applying to participate in the program, thus limiting the diversity and cultural vibrancy of the program. ATTACHMENTS A - Draft Resolution authorizing suspension of enforcement of business license requirement as to local artists participating in the City's box art program B - 2015 Council Adopted Box Art Program Policy C - Original RFP 2024 prior to Business License Requirements D - Box Art Agreement 2018, prior to business license requirements E - City of San Luis Obispo Municipal Code, Chapter 5.01 Business License Program F - Business License and Tax Certificate Application G - Box Art Purchase Order Terms and Conditions 2024 with Business License Requirements Page 214 of 559 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO AUTHORIZE SUSPENSION OF ENFORCEMENT OF BUSINESS LICENSE REQUIREMENT AS TO LOCAL ARTISTS PARTICIPATING IN THE CITY'S BOX ART PROGRAM WHEREAS, in 2010 the City launched the Box Art program as a pilot program to abate graffiti on utility boxes; and WHEREAS, in March 2015, City Council approved the Utility Box program to become an ongoing temporary art program ; and WHEREAS, in December 2016, Council adopted the City’s first Public Art Master plan which recommended more semi-permanent pieces (i.e. Box Art); and WHEREAS, in April 2019, City Council approved a streamlined process for the implementation of short-term and temporary public art projects, including Box Art; and WHEREAS, in June 2023, City Council adopted the 2023-25 Financial Plan, which reaffirmed the City's Major City Goals of Diversity, Equity and Inclusion as well as Economic Resiliency, Cultural Vitality and Fiscal Sustainability; and WHEREAS, San Luis Obispo Municipal Code 5.01.102 states It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005); and WHEREAS, San Luis Obispo Municipal Code Chapter 3.01 imposes a tax upon business carried out in the City in the amount of fifty cents per thousand dollars of gross receipts, as defined in Section 3.01.104; and WHEREAS, the Finance Director is tasked with enforcement of Chapters 5.01 and 3.01 of the Municipal Code; and WHEREAS, the City’s Box Art program is intended to increase cultural vitality, celebrate diversity, and honor the local artist community, both new and established, welcoming them into the City’s Public Art program; and WHEREAS, the cost of business license can be seen as prohibitive for community artists who do not earn a living as professional artists; and WHEREAS, the City is committed to engaging all community artists in the Box Art program, in an inclusive manner; and Page 215 of 559 Resolution No. _____ (2025 Series) Page 2 R ______ WHEREAS, in order to further the purposes of the Box Art program, the City wishes to exclude the Box Art program from the activities requiring a business license under San Luis Obispo Municipal Code Chapter 5.01, and to exclude the stipend paid to Box Art program artists from “gross receipts” under Municipal Code Chapter 3.01. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Authorization to suspend enforcement. The Finance Director is authorized to suspend enforcement of the requirement that an artist obtain a City business license as a condition of participation in the Box Art program. The Finance Director is also authorized to exclude from “gross receipts,” for the purposes of calculating business tax under San Luis Obispo Municipal Code Chapter 3.01, the stipend paid by the City to an artist under the Box Art program and pursuant to a validly executed contract between the City and the artist. Upon motion of ______________, seconded by ______________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ____ day of ______________________, 2025. ___________________________ Mayor Erica A. Stewart ATTEST: _______________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington, City Clerk Page 216 of 559 Public Art Policy Utility Box Art Program 1. Goal of Box Art Program: The goal of the “BOX ART” project is to use utility boxes as “canvases” for original pieces of art as well as to contribute to the vitality and attractiveness of the city, while deterring graffiti. 2. Box Specification: Dimensions of the large utility boxes are generally 5’3” H X 2’8” W x 2’ D. Dimensions of the small utility boxes are generally 2’8” H X 1’8” W x 1’4” D. Art should cover all exposed sides including the top. Utility box size may vary; selected artists must be willing to adjust designs to the box assigned. 3. Duration of Box Art: Utility Box Art shall be on public display for a recommended period of five (5 years) when the utility box would be eligible for selection of a new design or reverted back to the standard utility/traffic control box color. 4. Utility Box Art Phases: Each Phase of Utility Box Art will consist of a recommended amount of utility boxes; preferring sixteen utility box locations or less. These utility/traffic control box locations will be determined by Public Works and Public Art program staff. 5. Artist Eligibility: The competition shall be open to individual artists, a team of artists or community groups with a designated lead artist who have the vision and skills required completing the project to the highest standards of innovation and technical expertise. Qualifying applicants must reside in San Luis Obispo County. Artists should carefully read the description of the project and Request for Proposals and decide if the project is suitable to their interests, capabilities and experience. 6. Public Works Department Review: Prior to beginning the jury review, the Public Art Manager arranges for the project to be reviewed by appropriate staff in the Public Works Department. The purpose of this review is to uncover any significant engineering or maintenance issues that may arise out of the placement of art or the choice of materials for the artwork for the particular site. If the artwork is part of a larger construction project, it may be valuable to have the project contractor present, as well. This information will be presented to the jury to help guide their decisions when selecting a piece. 7. Selecting an Art Jury: Art juries evaluate the qualifications received and make a final selection to proceed through the remainder of the approval process. The preferred approach is to create a five/seven member jury for a project. A neighbor or representative for each of the affected neighborhoods for utility boxes will be selected for an Art Jury. Art Jury names shall be included in the staff reports. 8. The Jury Selection Process: Box Art Applications submitted in response to this RFQ will be reviewed by the Public Art Manager who will then forward all complete and eligible Page 217 of 559 applications received by the deadline to the selection committee (jury) consisting of: San Luis Obispo County Arts Council member(s), local artist(s), interested community members, City staff and a neighbor(s). Upon evaluating the qualifications provided in the applications, the jury will select artist designs totaling the amount of utility/traffic control boxes within a phase. 9. Evaluation Group: Once the pilot program parameters have been developed, the Public Art Manager solicits evaluation from Public Works staff and local art organizat ions, such as Arts Obispo and the Downtown Association Design Committee, to judge the merits of the artists’ proposal. The jury will review all complete, eligible applications received by the Deadline. If the number of qualifying applications does not meet the number needed; City staff and/or the Council may decide to reopen the selection process. Criteria used to select artists will be: a. Evaluation of artistic excellence b. Appropriateness of scale, form, content and design c. Relationship to the social, cultural and/or historical identity d. Experience in working on comparable projects e. Artists (or lead artist of a team) must reside in San Luis Obispo county 10. Evaluation Criteria: The standard Guidelines for Public Art (Appendix B) will apply in making a determination that the proposed project is acceptable to the City and should move forward in the selection and approval process. Box art designs and locations, as recommended by the Art Jury, shall be reviewed by the Cultural Heritage Committee for consistency with historical context of the surrounding area and the Architectural Review Commission to ensure the design meets the adopted Guidelines for Public Art. (Appendix B). Designs that do not garner the support of Advisory Bodies will not proceed, unless appealed to City Council pursuant to Municipal Code Section 1.20. Staff shall present the final recommended designs and locations to the City Council for final approval. 11. Artist Selection and contract: The City’s public art manager shall enter into a public art contract agreement with the selected artists for the installation of utility box art. The Utility Box Art Artist Agreement is provided as Appendix O. 12. Artists’ stipend: Large utility box is $1,500; small utility box is $700. In addition, artists may apply for a supply voucher for up to $200 (original receipts are required). The budgeted amount is all-inclusive and must cover every cost incurred by the artist in the course of designing and installing the artwork. The final selected artists will also receive a $100 honorarium for their conceptual renderings; those works will become property of the City of San Luis Obispo. 13. Media and Materials Guidelines: Artwork must be original and may not contain advertising, religious art, sexual or illegal drug-related content, negative imagery or convey political partisanship. Vinyl wraps of “digitally enhanced works” are permitted. Artists must use the following materials: Page 218 of 559 a. Paint Types require premium high solids 100% acrylic latex waterborne exterior wall and trim. b. Paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat. c. Paint Products (in recommended order): 1. Nova Color (preferred) 2. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin 3. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 4. Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Luster 5. Frazee #126 Mirror Glide Low Sheen Acrylic Latex 6. Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen. 14. Permitting: Artists are required to obtain a no-cost encroachment permit through the City’s Community Development Department. 15. Maintenance, Repairs, Modification of Utility/Traffic Control Boxes: The Public Works Department is responsible for maintaining City facilities, and this includes all City owned or City-sponsored public art. The City reserves the right to modify or remove artwork should a utility/traffic control box require maintenance, modifications or repairs as a result of unanticipated damages. Should this occur, the City shall convert the utility/traffic control box back to its original state and color. The artist would then be provided with the first option of participating in the subsequent round of Box Art. Adopted by City Council as amended February 3, 2015 Page 219 of 559 Page 220 of 559 Page 1 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. City of San Luis Obispo Public Art Program Request for Proposals 2024 BOX ART PROGRAM PROJECT OVERVIEW The City of San Luis Obispo invites local artists and community members to apply for the 2024 SLO Box Art Program. Priority will be given to residents of San Luis Obispo County. Project Description: Box Art Program In 2010 the City of SLO Public Art Program embarked on a journey to beautify the community through the painting of street utility boxes. Initially conceived as a highly successful graffiti abatement measure, widespread popularity enabled the program to grow, and more utility boxes were painted and added to the Box Art Program in 2012, then again in 2016, 2017 and 2018. To date, there are 65 painted utility boxes throughout the community serving as “canvases” for original art pieces painted by local artists, residents, students, and community members of all ages. The SLO Box Art program contributes to the vitality and attractiveness of our community while deterring graffiti and adding to the “curb appeal.” SLO Box Art is a streetscape showcase for talented local artists and community members to transform standard utility boxes into new public artworks, adding to the vibrancy of our cityscape while creating a sense of place and identity. The Box Art program is a great opportunity for “SLOcals” to add their personal touches to the City’s public art collection. The City is looking for artworks that tell stories, celebrate the rich history of the region and the natural environment, or envision the future of our urban spaces. The goal is to turn these mundane structures into sources of pride and beauty that resonate with the community's diverse identity and values. The City is soliciting proposals to design art for vinyl wraps to cover 10, currently empty, utility boxes. (See Exhibit C3) Page 221 of 559 Page 2 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. Dimensions of the large utility boxes are generally 5’5” H X 2’9” W x 2’ D. Dimensions of the small utility boxes are generally 3’ H X 2’2” W x 1’6” D. Art should cover all exposed sides including the top. Utility box size may vary; selected artists must be willing to adjust designs to the box assigned. It is recommended that artists should perform a site visit if they are interested in a particular location. (While specific locations can be requested on the artist application; they are not guaranteed. Locations will be determined at the discretion of the City.) Artists may submit up to three (3) design proposals. (Box Art Templates Provided as Exhibits C1 and C2) Vinyl Wraps will be installed in July 2024 (*Final Dates TBD). ARTIST ELIGIBILITY The 2024 Box Art competition is open to individual artists, a team of artists or community members or groups with a designated lead artist who have the vision and skills required to complete the project to the highest standards of innovation and technical expertise. Qualifying applicants must reside in San Luis Obispo County. Artists should carefully read the descriptions of the project and decide if the project is suitable to their interests, capabilities, and experience. PROJECT BUDGETS 2024 Utility “BOX ART” Program Box Artists (or Art Team) selected for the 2024 Utility Box Art Program will receive an $800 stipend for their conceptual renderings; those works will become property of the City of San Luis Obispo. All payments will be made in one lump sum upon completion of the final installation of the Box Art wrap. Artist Collen Gnos Artists Marcie Hawthorne & Julie Frankel Page 222 of 559 Page 3 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. MEDIA AND MATERIALS GUIDELINES ❑ Artwork must be original and may not contain advertising, infringe upon a trademark, patent, or copyright, contain religious art, sexual or illegal drug content, negative imagery, convey political partisanship, contain any representations of traffic lights, signs, or signals or contain reflective material, mirrors or cause a glare. ❑ Artwork must not denigrate a specific group based on ethnicity, national origin, age, disability, religion, gender, or sexual orientation or denigrate the military, law enforcement, fire rescue, government services, public officials, animals, or any creature protected under the Federal Endangered Species Act. ❑ Artwork must not depict any person, alive or deceased. ❑ Only vinyl wraps of original works of art are permitted for the 2024 Box Art Program. ❑ Artists must adhere to the following specifications for digitizing art for the vinyl wraps: o Photos of artwork must be a minimum of 150 dpi. o If using a vector design, be sure all fonts and shapes are expandable. o All files should be in an editable format and/or vector format. AI, PSD, and PDF files are acceptable for artwork. ❑ Dimensions may vary: o Utility box size may vary; selected artists must be willing to adjust designs to the box assigned, if necessary. SELECTION PROCESS AND CRITERIA Applications submitted in response to this Request for Proposals will be reviewed by City staff and a selection committee (Art Jury) consisting of: San Luis Obispo County Arts Council member(s), local artist(s), interested community members, Downtown Association, SLO Chamber of Commerce, business owner(s) and neighbors to the proposed public art. The Art Jury will review all complete, eligible applications received by the deadline. If the number of qualifying applications does not meet the number needed; City staff and/or the Council may decide to reopen the selection process. Criteria used to select artists will be: ❑ Evaluation of artistic excellence and originality. ❑ Appropriateness of scale, form, content, and design. ❑ Relationship to the social, cultural and/or historical identity. ❑ Experience in working on comparable projects. ❑ Artists (or lead artist of a team) must reside in San Luis Obispo County. The City will prioritize a diverse representation of local artist applicants and may choose one artist’s designs for multiple utility boxes; however, also reserves the right to refuse all entries. Selected artwork must meet the City of San Luis Obispo Public Art Guidelines and receive final approval by the Community Development Director. Page 223 of 559 Page 4 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. TENTATIVE SCHEDULE ❑ RFP/Call-For-Artists Release May 6, 2024 ❑ Application Deadline June 10, 2024, 5:00pm PST ❑ Public Works Review (week of) June 17, 2024 ❑ Art Jury Review & Selection July 10, 2024* ❑ Community Development Director approval (week of) July 15, 2024 ❑ Artist selection announced (week of) July 22, 2024* ❑ Installation of Artwork for “BOX ART” Project (weeks of) July 22 – Aug. 2, 2024* *The proposed schedule may be subject to change APPLICATION PROCESS TO APPLY: The City of San Luis Obispo encourages the use of recycled and tree-free products. To that end, we ask that submissions be in as paperless a manner as possible, therefore, submissions MUST be submitted electronically via email to: agriesho@slocity.org The subject line for submissions should read: “Firstname_Lastname_BOXART” Applications may not be combined. See below for labeling of materials. Individual artists and each artist on teams wishing to be considered must submit the following materials: 1. Application (Exhibit A) Completed application listing artist name, contact information of artist/artist team and all information requested, and selection of the 2024 Box Art Program. (Exhibit A) Submitted in .pdf format; titled Firstname_Lastname_app_project_name 2. A Professional Résumé Each applicant shall submit a professional résumé including information regarding past public art commissions, design team experience, exhibitions and installations, awards, grants, and education (up to two pages). Teams must submit a separate résumé for each member of the team. Handwritten materials will not be reviewed. Submitted in .doc or .pdf format; titled Firstname_Lastname_resume 3. Submittal of References (Exhibit B) Each applicant shall submit the names of two references on the form provided in the application package. (Exhibit B) Do not send letters of recommendation. Please ensure information for references is current; inaccurate information may delay the selection process. Teams must submit separate references for each member of the team. Submitted in .doc or .pdf format; titled Firstname_Lastname_ref Page 224 of 559 Page 5 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. 4. Digital Images of Prior Work Up to five (5) images of past work that represent relevant artworks. 5 image maximum is per application, not per team member. Images can be submitted in one of the following formats: a. Provide a URL for a website that contains the number and type of images outlined above . (URL should be noted on application page) b. Provide a PowerPoint File – one image per slide; in the notes section of each slide include: artist’s name, title and/or location or work, medium, date work completed and dimensions. Submitted in .ppt or .pdf format; titled Firstname_Lastname_images 5. Conceptual Rendering(s) (Exhibits C1 and C2) Each applicant can submit up to 3 conceptual renderings using the templates provided (Exhibits C1 Large Utility Box Template and C2 Small Utility Box Template). Renderings must be in full color on the provided templates and depict the finished artwork as accurately as possible. Artists that are selected will be compensated $800 for their renderings and final designs once those artworks are completed and become property of the City of San Luis Obispo. Submitted in .ai, .psd, or .pdf format; titled Firstname_Lastname_design DO NOT SUBMIT PROPOSALS, DRAWINGS, MODELS, MEDIUM SAMPLES, ORIGINAL WORKS OF ART, BOOKS, CATALOGUES, OR ANY OTHER MATERIALS IN LIEU OF, OR IN ADDITION TO, THE REQUIREMENTS LISTED ABOVE. UNSOLICITED MATERIALS WILL NOT BE REVIEWED BY THE ART JURY AND WILL NOT BE RETURNED. SUBMISSION AND DEADLINE ❑ Artists may submit ONLY one (1) application for each of the “2024 Box Art”. ❑ Artists may submit up to three (3) conceptual renderings per project - using the templates provided. ❑ All application materials must be received no later than 5:00 p.m. PST on Monday, June 10, 2024. Incomplete or late submittals will not be considered. ❑ The City is not obligated to notify applicants when applications (complete or incomplete) are received. LEGAL AND INSURANCE REQUIREMENTS Artists that are awarded contracts for the 2024 Box Art Program will be required to comply with the City’s insurance and liability requirements. Insurance requirements will be provided to selected artists in advance of work. QUESTIONS? Any questions stemming from the review of this application must be addressed to: Amanda Grieshop via e-mail: agriesho@slocity.org Page 225 of 559 Page 6 of 6 RFP –SLO 2024 BOX ART PROGRAM Deadline to Apply: June 10, 2024, at 5:00 p.m. PST. Additional copies of this application may be found on the City’s public art website at https://www.slocity.org/government/department-directory/parks-and-recreation/public-art. To learn more about the public art program and art collection, visit our website: https://www.slocity.org/government/department-directory/parks-and-recreation/public-art Please read the application directions carefully. INCOMPLETE OR LATE APPLICATIONS WILL NOT BE REVIEWED. The deadline for receipt of applications for the projects described herein is Monday, June 10, 2024 at 5:00 PST. Applications received after 5:00 p.m. will not be accepted. Page 226 of 559 CITY OF SAN LUIS OBISPO 2018 BOX ART PROJECT ARTIST AGREEMENT This AGREEMENT is made and entered into between the CITY of San Luis Obispo (hereinafter referred to as “CITY”) and ____________________ selected to participate in the “2018 BOX ART” Project (hereinafter referred to as “ARTIST”). 1. Selected ARTISTS for the Box Art Program must use the following paint type and paint products as recommended by the CITY’S public art policy which are the following: a. PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wall and trim paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat. b. PAINT PRODUCTS (in recommended order): ▪ Nova Color (available wholesale at www.novacolorpaint.com) ▪ Sherwin Williams: Accolade Exterior Acrylic Latex, Satin ▪ Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell ▪ Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Lustre ▪ Frazee #126 Mirro Glide Low Sheen Acrylic Latex ▪ Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen c. TOP COAT: Polyurethane top coat (marine grade) to be applied on top of the completed artwork to serve a sacrificial layer 2. ARTIST will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. ARTIST must provide his/her own additional supplies if needed. 3. The CITY will have the utility boxes cleaned, prepped and primed prior to painting , as well as sealed with an anti-graffiti, UV protectant coating upon completion. 4. ARTIST will paint the utility box assigned to them by the CITY. Painting of the box must be started on August 3, 2018 and must be completed no later than August 20, 2018. 5. Painting may only occur during the hours of 7 a.m. to 7 p.m. A minimum sidewalk clearance of four feet must be adhered to at all times. 6. Artwork submitted for jury review may need to be adjusted to fit the size and orientation of the assigned utility box. However, changes to artwork must be minor and may not include changes to color or conte nt. Upon completion, if changes to the artwork are deemed to be major; the agreement will be terminated and payment to the ARTIST will not be remitted. 7. Artwork must include all visible sides of the utility box including the top. 8. The ARTIST shall attend a public works orientation. During the orientation, public works staff will identify electronics, equipment, and other facilities on the exterior of the cabinet which shall not be painted, including: ▪ official plaques, stickers, or identification numbers ▪ keyholes or keyhole covers so they cannot be opened ▪ windows, vents, or viewing ports 9. If any component of the CITY’s traffic signal systems is damaged as a result of the ARTISTs work, the ARTIST shall arrange for a licensed contractor to repair the damage at the ARTIST’s sole expense. 10. The ARTIST shall provide for CITY maintenance, operations, and emergency access to their respective utility box at all times. 11. ARTIST recognition via signature on the utility box may be no larger that 3”x5” 12. The completed artwork will be the property of the CITY, which retains the right to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation to ARTIST. 13. The CITY may use images of the artwork for promotional purposes. Page 227 of 559 CITY OF SAN LUIS OBISPO 2018 BOX ART PROJECT ARTIST AGREEMENT 14. Artwork may not contain advertising, religious art, sexual content, negative imagery, illegal drug content, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 15. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity or involve the attachment of any object(s) to the box. 16. If utility/traffic control box requires modification or repairs, the CITY reserves the right to repair, remove, modify the affect utility box. Per the Public Art Policy for Box Art, the ARTIST shall be given the first-right-of-refusal for repairs or option to participate in the next phase of Utility Box Art. 17. The CITY will pay $1,500 per “large” box, $700 per “small” box to the ARTIST within 30 days upon completion of the utility box. It is the ARTIST’s responsibility to contact the Public Art Manager at the time of completion. 18. The CITY will reimburse the ARTIST for the cost of paint and paint supplies not-to-exceed $200. The ARTIST must complete and submit a reimbursement form within 30 days of completing the artwork. Original receipts must be attached for reimbursement. ARTISTs will receive a reimbursement check within 30 days of submitting a reimbursement form. 19. ARTISTs shall defend, indemnify, protect and hold harmless the CITY, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the w illful misconduct of the ARTIST, and ARTIST’s employees, subcontractors or other persons, agencies or firms for whom ARTIST is legally responsible in connection with the execution of the work covered by this Agreement. ARTIST shall have no duty to indemnify or hold harmless the CITY if claims, damages, liability, costs and expenses (including without limitations, attorneys’ fees) arise from the sole negligence or sole willful misconduct of the CITY subsequent declaration by the ARTIST. ARTIST’s obligations shall survive the termination of this Agreement. 20. To protect the CITY, ARTIST shall execute a Release from Liability before participating in the “2018 BOX ART Project”. 21. The ARTIST (ARTIST’s agents, employees or representatives) are for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. 22. The CITY may terminate this Agreement at any time and for any reason. If the Agreement is terminated by the CITY after the painting of a utility box has commenced, ARTIST shall be entitled to reasonable compensation for work performed to- date, minus any offset representing the CITY’s damages should termination result from ARTIST’s breach of contract. ARTIST hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. ___________________________________________ ______________________________ Lindsey Stephenson Date Public Art Program, City of San Luis Obispo ____________________________________________ ______________________________ ARTIST - PRINT NAME ARTIST – SIGNATURE _______________________________ Date Page 228 of 559 5.01.101 5.01.102 5.01.103 5.01.104 5.01.105 5.01.106 5.01.201 5.01.301 5.01.302 5.01.401 5.01.402 5.01.403 5.01.404 5.01.405 5.01.501 5.01.502 5.01.503 5.01.504 5.01.505 5.01.506 5.01.507 Chapter 5.01 BUSINESS LICENSE PROGRAM Sections: Article I. General Provisions Purpose. Business license required. Definitions. Illegal occupations. Planning and building regulations. Exemptions. Article II. Fees Fees for initial applications and renewals. Article III. Application and Renewal Business license initial applications. Business license renewals. Article IV. Business License Issuance Content. Posting and keeping. Duplicates. Branch establishments. Change of location. Article V. Administration Finance director adjustment powers. Debt to city. Delinquencies and penalties. Enforcement. Evidence of doing business. Remedies cumulative. Revocation of issued or renewed license. Your Selections | San Luis Obispo Municipal Code Page 1 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 229 of 559 Article I. General Provisions 5.01.101 Purpose. The purpose of the city’s business license regulations is to provide for necessary regulation of lawful businesses being conducted within the city in the interest of the public health, safety and welfare of the people of the city. While due diligence will be exercised in reasonably assuring compliance with all city policies, regulations and ordinances before issuing a business license, the primary focus of the city’s business license regulations is to provide reasonable assurance that businesses operating in the city are doing so in compliance with the city’s planning and building policies, regulations and ordinances; in compliance with the city’s business tax provisions as set forth in Chapter 3.01; and in compliance with the city’s storm water quality ordinance, set forth in Chapter 12.08. (Ord. 1543 § 3, 2010: Ord. 1474 § 1 (part), 2005) 5.01.102 Business license required. It shall be unlawful for any person to transact and carry on any business in the city not otherwise exempt without first having procured a business license from the city and complied with all of the applicable provisions of this chapter. (Ord. 1474 § 1 (part), 2005) 5.01.103 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: A. “Business” shall mean and include professions, trades, vocations, rentals, leases, enterprises, establishments and occupations, and all and every kind of calling, any of which is conducted for the purpose of earning in whole, or in part, a profit or livelihood, whether or not a profit or a livelihood actually is earned thereby, whether paid in money, goods, labor or otherwise, and whether or not the business has a fixed place of business in the city. B. “Finance director” shall mean the individual designated by the city administrative officer to issue business licenses pursuant to the provisions of this chapter. The finance director may designate others to perform these duties on her or his behalf. C. “Person” shall mean and include all domestic and foreign corporations, associations, syndicates, joint-stock corporations, partnerships of every kind, clubs, Massachusetts trust, business and other common law trusts, societies and individuals transacting and carrying on any business in the city, other than an employee. D. “Sworn statement” shall mean an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under the penalty of perjury. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 2 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 230 of 559 5.01.104 Illegal occupations. A business license issued pursuant to this chapter does not authorize, permit or allow the license holder to do any act or conduct any business of any kind which is otherwise prohibited by city policies, regulations or ordinances; or any state or federal statute, law, rule, order or regulation. (Ord. 1474 § 1 (part), 2005) 5.01.105 Planning and building regulations. Before issuing a business license, the finance director shall exercise due diligence in providing reasonable assurance that the business is in compliance with city planning and building policies, regulations and ordinances. This will include establishing procedures as needed to ensure appropriate review by staff in the city’s department of community development before issuing or renewing business licenses. (Ord. 1474 § 1 (part), 2005) 5.01.106 Exemptions. The following persons and organizations are exempt from the provisions of this chapter: A. Minors Under the Age of Eighteen. Businesses owned and conducted by minors under the age of eighteen years shall be exempt from the business license provisions of this chapter where all of the following conditions exist and legal documentation is provided to support that: 1. All persons engaged in the operation of the business are under the age of eighteen years. 2. All persons engaged in the operation of the business have a bona fide ownership interest in the business. B. Charitable, Religious and Nonprofit Organizations. The provisions of this chapter shall not be deemed or construed to require the issuance of a business license to conduct, manage or carry on any business, occupation or activity of any institution or organization recognized by a tax board of the state with a “Statement of Domestic Nonprofit Organization” or the Internal Revenue Service of the United States, which is conducted wholly for the benefit of charitable, religious or nonprofit purposes, and from which profit is not derived, either directly or indirectly, by any person. The exemption provisions of this section shall not be construed to extend to any person, business, corporation, or organization receiving a fee, wage, stipend, salary, remuneration, compensation, or pay for the performance of any business, occupation or activity related to exempt organization activities. Any such person, business, corporation or organization shall be subject to the business license provisions of this chapter and shall obtain a business license prior to any business, occupation or activity being undertaken. C. Conflicts with Federal and State Laws or Contractual Agreements. The provisions of this chapter shall not be construed to require a person to obtain a business license prior to doing business within the city if such requirement conflicts with the applicable statutes, laws or constitution of the United States or the state of Your Selections | San Luis Obispo Municipal Code Page 3 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 231 of 559 California or other contractual obligations or franchise agreements. The finance director may develop administrative guidelines concerning exemptions, apportionment and any other matters which she or he determines as necessary for the lawful and effective implementation of this chapter. (Ord. 1474 § 1 (part), 2005) Article II. Fees 5.01.201 Fees for initial applications and renewals. Fees for processing applications for initial issuance and renewal of business licenses will be set by resolution of the council. (Ord. 1474 § 1 (part), 2005) Article III. Application and Renewal 5.01.301 Business license initial applications. Every person required to have a business license pursuant to the provisions of this chapter shall make a written application to the finance director and submit the following information: A. The nature or kind of business for which the business license is requested. B. The place where the business is to be conducted and, if the business is not to be conducted at a permanent location, the residence address, identified as such, of the owners of the business. C. If the application is made for the issuance of a business license to a person to do business under a fictitious name, the names, social security numbers, and residence addresses of the owners of the business. D. If the application is made for the issuance of a business license to a corporation or partnership, the names, franchise tax number, and residence addresses of the officers or partners thereof. E. Any further information that the finance director may require to enable the issuance of the business license. The finance director will not issue the business license unless the applicant has paid the appropriate fee as required under this chapter as well as the business tax amount due under Chapter 3.01 of the municipal code. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 4 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 232 of 559 5.01.302 Business license renewals. Unless otherwise specifically provided, all business licenses required by the provisions of this chapter shall be renewed on July 1st of each year. Any fees due in order to process the renewal shall be paid by July 31st of each year, and will be delinquent after July 31st. No renewal of a business license shall be processed or issued until payment in full of all current and delinquent business license fees as well as current and delinquent business tax amounts due under Chapter 3.01 of the Municipal Code, including accrued interest and applicable penalties thereon is received by the city. It shall be the responsibility of the applicant to ensure renewal of the business license. (Ord. 1474 § 1 (part), 2005) Article IV. Business License Issuance 5.01.401 Content. Each business license shall state upon the face thereof the following: A. Name of the person to whom the business license is issued. B. Type of business. C. Location or address of the business. D. Date of the expiration of the business license. E. Possession of the business license does not authorize, permit or allow the person to do any act which such person would not otherwise be lawfully entitled to do. (Ord. 1474 § 1 (part), 2005) 5.01.402 Posting and keeping. All business licenses issued pursuant to the provisions of this chapter shall be posted and kept in the following manner: A. Any persons transacting and carrying on business at a fixed location in the city shall keep such business license posted in a conspicuous place upon the premises where such business is carried on. B. Any persons transacting and carrying on business, but not operating at a fixed location in the city, shall keep such business license upon them at all times while transacting and carrying on such business. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 5 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 233 of 559 5.01.403 Duplicates. A duplicate business license may be issued by the finance director to replace any business license issued pursuant to the provisions of this chapter, which business license has been lost or destroyed, upon the filing of a statement of such fact and the payment of a duplicate fee set by resolution of the council. (Ord. 1474 § 1 (part), 2005) 5.01.404 Branch establishments. A separate business license shall be issued for each branch establishment or location of business; provided, however, warehouses and distributing plants used in connection with, and incidental to, a business licensed pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may elect to pay only one business tax calculated on all the gross receipts of the businesses, except that a fee set by resolution of the council shall be paid upon issuance for each additional branch or location. (Ord. 1474 § 1 (part), 2005) 5.01.405 Change of location. No business license issued pursuant to the provisions of this chapter shall be transferable; provided, however, where a business license is issued for a person to transact and carry on a business at a particular place, such person, upon an application therefor and the payment of a fee set by resolution of the council, may have the business license reissued for transacting and carrying on of such business at some other location to which it is to be moved, subject to the same terms and conditions as the original license. (Ord. 1474 § 1 (part), 2005) Article V. Administration 5.01.501 Finance director adjustment powers. The finance director shall have the power, for good cause shown and documented by the finance director as a permanent record, to: A. Extend the time for filing any required sworn statement. B. Waive or reduce any penalties which would otherwise have accrued. C. Adjust the amount of the business license due. D. Make refunds or pro-rations of license fees paid. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 6 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 234 of 559 5.01.502 Debt to city. The amount of any business license and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. A suit may be brought against any person to enforce the collection of the debt described in this chapter in any court of competent jurisdiction. The conviction of any person for transacting any business without a business license shall not excuse or exempt such person from payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this chapter. (Ord. 1474 § 1 (part), 2005) 5.01.503 Delinquencies and penalties. For failure to pay the amount of the business license required by the provisions of this chapter prior to the delinquency date, the finance director shall add a penalty. The amount of this penalty shall be set by resolution of the council. (Ord. 1474 § 1 (part), 2005) 5.01.504 Enforcement. The finance director and police chief shall enforce the provisions of this chapter as follows: A. Duties of the Finance Director and Chief of Police. It shall be the duty of the finance director to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in such enforcement as may from time to time be required by the finance director. B. Inspections. The finance director, in the exercise of the duties imposed by the provisions of this chapter, and acting through deputies or duly authorized assistants, shall have the right to enter and examine all places of business free of charge during normal business hours to ascertain whether the provisions of this chapter are being complied with. C. Penalty for Violation. Any person who violates any provisions of this chapter by transacting and carrying on any business in the city without first having procured a business license from the city or without complying with all of the applicable provisions of this chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 of the municipal code. (Ord. 1474 § 1 (part), 2005) 5.01.505 Evidence of doing business. When any person, by the use of a sign, circular, card, telephone book, newspaper, other publication or advertising media, shall advertise, hold out or represent that such person is in business in the city, or when any person holds an active license or permit issued by a government agency indicating that such person is conducting a business in the city, and such person fails to deny, by a sworn statement given to the finance director or designee, that such person is not conducting a business in the city after being requested to do so by the finance director or designee, Your Selections | San Luis Obispo Municipal Code Page 7 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 235 of 559 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: www.slocity.org City Telephone: (805) 781-7100 Hosted by General Code. then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (Ord. 1474 § 1 (part), 2005) 5.01.506 Remedies cumulative. All remedies prescribed by the provisions of this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 1474 § 1 (part), 2005) 5.01.507 Revocation of issued or renewed license. The finance director is authorized to revoke any issued business license whenever she or he receives information that would be sufficient grounds to deny issuance of a license under the provisions of this chapter. A. Notice. The license holder must be informed in writing of the finance director’s intention to revoke the business license at least fifteen calendar days in advance of the proposed effective date of revocation, during which time the holder of the license may contest the proposed revocation before the finance director. The finance director’s notice shall state the reason for the proposed revocation. B. No Refund of Fees. Upon the revocation of a license as provided in this section, no part of the license fee paid therefor shall be returned. C. Surrender of License. Whenever a license is revoked, the license holder shall render to the finance director any license document previously issued by the city. (Ord. 1474 § 1 (part), 2005) Your Selections | San Luis Obispo Municipal Code Page 8 of 8 The San Luis Obispo Municipal Code is current through Ordinance 1742, passed October 1, 2024. Page 236 of 559 ------ For Office Use Only ----- DATE/AMOUNT: ____________________ CLASS/GROUP/CAT: _____________________ BUSINESS NO: ____________________ BUSINESS LICENSE & TAX CERTIFICATE APPLICATION 990 Palm Street - San Luis Obispo, CA 93401– (805) 781-7134 Application for: □ New Business □ Change of Business Name □ Change of Location □ Change of Ownership Business Name________________________________________________________________________ Phone________________________ Email_______________________________ Website__________________________________________ Ownership Type: □ Corporation □ Partnership □ Sole Proprietor □ Employee Owned □ Trust □ Other_____________ Business Location _______________________________ Suite No._______ City ________________________ State_____ Zip_________ PO Box addresses cannot be accepted as business locations – If your business is located in San Luis Obispo, please complete the last page of this application. Location Type: □ Commercial □ Home Occupation □ Industrial □ Residential Mailing Address ________________________________ Suite No._______ City ________________________ State______ Zip_________ Owner/Contact Name _______________________________________________________________________________________________ Federal Employer/Social Security No. ______________________________ State Sales Tax No. _________________________________ State Franchise No. ______________________________________ Business Open Date ________________________________________ NAICS Coding: Please check the category(ies) that best describe your business activity. □Retail Trade (44-45) □Accommodation or Food Services (72) □Professional, Scientific or Technical Services (54) □Management of Companies & Enterprises (55) □Health Care or Social Assistance (62) □Construction (23) □Manufacturing (31-33) □Wholesale Trade (42) □Transport or Warehouse (48-49) □Information (51) □Finance or Insurance (52) □Real Estate, Rental or Leasing (53) □Educational Services (61) □Arts, Entertainment or Recreation (71) □Administrative, Support, Waste Management or Remediation Services (56) □Agriculture (11) □Utilities (22) □Other Services (except Public Administration) (81) □Public Administration (92) □Other ________________________ Please provide a detailed description of the nature of your business, including products or services offered. ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ □Tobacco □Massage Therapy □Filming □Sales on Streets & Sidewalks □Soliciting Are you doing business from your home? □Yes □No Applicant / Representative: I reviewed this application and the information is accurate to the best of my knowledge. I understand the issuance of a business license & tax certificate does not constitute proof of compliance with other city, county, state, and federal regulations. I declare under penalty of perjury that the foregoing is true and correct. Signed ___________________________________________ Title______________________ Date______________________ ORIGINAL – Finance WHITE – Planning CANARY – Utilities PINK - Customer Are you a business that is regulated by the NPDES Storm Water Industrial General Permit? _____ If yes, please provide the SIC # ______ and one of the following: WDID #, WDID Application #, NEC #, NONA# ______ Are you selling or offering the following services or products?: Page 237 of 559 FINANCE & IT DEPARTMENT Please send remittance to: 990 Palm Street, San Luis Obispo, CA 93401-3249 The Finance Dept. is open for walk in services from 8:00 a.m. to 4:00 p.m. Monday through Thursday (except holidays). Have a question? Phone us at: (805) 781-7134 Email us at: bt@slocity.org Fax us at: (805) 781-7401 Telecommunications Device for the Deaf: (805) 781-7410 For information about the City, or to complete a business tax application, visit our Website at: www.slocity.org The business tax certificate must be renewed annually by July 31st or the business owner will be considered in violation of the City’s Municipal Code and penalties will be assessed. Additionally, late charges of 1.5% of the outstanding balance or $15 (whichever is greater) will apply to all account balances when payment is not received within 30 days and will be reassessed each 30 days thereafter when a balance remains outstanding. All returned checks will be assessed a service charge and the certificate will be nullified. ZONING & BUILDING CLEARANCE (For Businesses within the city limits of San Luis Obispo) Your Business License/Tax Certificate will not be processed until your business location has been approved. Please contact the COMMUNITY DEVELOPMENT DEPARTMENT at (805) 781-7170, or visit us at 919 Palm Street, for assistance in filling out this form. Our office is open for walk in services from 9 a.m. to 12 p.m. Tuesday & Thursday and 1 p.m. to 4 p.m. Monday & Wednesday (except holidays). Business Name: Business Address: Previous Business Name: Previous Address: Contact Name: Daytime Phone: IF ONLY THE BUSINESS NAME OR OWNERSHIP HAS CHANGED, YOU MAY STOP HERE. FOR ALL OTHER CHANGES, PLEASE COMPLETELY FILL OUT THIS FORM. Former Tenant: Describe Adjacent Tenants: Extent of alterations/tenant improvements planned: Is your business located on:  Ground Floor  Upper Floor Are you sharing space with another existing business?  Yes  No If yes, with whom? Are you operating as an independent contractor leasing space at an existing business?  Yes  No If yes, with what business? Approx. floor area occupied by your business: sq. ft. Area devoted to outdoor storage: sq. ft. Total number of off-street parking spaces provided exclusively for the business*: * If the business shares off-street parking with another business, please provide a running total of the site’s parking requirements (maintained by the property owner). Estimated number of employees: Full-time: Part-time: Extent of customer visitation: Will your business create any nuisance (i.e. noise, odors, or waste products)?  Yes  No If yes, what kind? STAFF USE ONLY What zone is this business in? Occupancy Class: Total number of off-street parking spaces required by the City: Zoning Regulations Classification: Is this business allowed in this zone? Yes, permit not required. Yes, with a permit. Date Approved: _________________________ Approved By: (Planning)(Date) (Building)(Date) Notes to file: If your business is located within the city limits of San Luis Obispo, please complete the last page of this application. Your application cannot be processed without this information. Page 238 of 559 Purchase Order #XXXXXX Purchase Order Terms and Conditions 1. Acceptance. By delivering the ordered goods or commencing performance under this Order, the Artist agrees to the specifications, terms and conditions in or referenced by this document (collectively, the "Order"). The Artist's additional or different terms and conditions are expressly excluded from this Order and the City of San Luis Obispo ("City") does not agree to such terms or conditions, unless such agreement is made expressly, in writing by the City's authorized representative. 2. Business Tax. Artists aged 18 years and older, must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 3. Ability to Perform. Artist warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 4. Warranties. Artist warrants that all goods delivered will be free from defects in workmanship, material and manufacture; are new (not refurbished or reconditioned) unless otherwise stated in this Order; are of merchantable quality and fit for the purpose intended by the City to the extent that purpose has been disclosed to the Artist; complies with the requirements of this Order; and complies with all applicable laws and regulations. The Artist also warrants that all services performed under this Order shall be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations. 5. Changes. No change or modification in terms may be made without express authorization, in writing by the City's authorized representative. 6. Delivery. The Artist agrees that time is of the essence to delivery and any other performance required under this Order. No charge for delivery, parcel post, packing, cartage, insurance, license fees, permits, or any other purpose will be paid by the City unless it is expressly included on the face of this Order. The Artist must arrange for the lowest- cost transportation and prepay and add freight to its invoice. If delivery is made by a carrier, an itemized delivery ticket must be attached to the outside of the package. Each container or package must be marked with the Order number. 7. Laws to be Observed. The Artist shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. Page 239 of 559 Purchase Order #XXXXXX 8. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Artist may be required to pay. 9. Permits and Licenses. The Artist shall procure all required permits and licenses, pay all charges and fees, and give all notices necessary. 10. Immigration Act of 1986. The Artist warrants on behalf of itself and all sub-Vendors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 11. Artist Non-Discrimination. In the performance of this work, the Artist agrees that it will not engage in, nor permit such sub-Vendors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 12. Work Delays. Should the Artist be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Artist. 13. Payment Terms. The City shall pay to the artist a stipend of $800 is upon the City’s acceptance of the artist’s final conceptual rendering. 14. Inspection. The Artist shall furnish City with every reasonable opportunity for City to ascertain that the services of the Artist are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve the Artist of any of its obligations to fulfill its contract requirements. 15. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by the Artist in preparing its invoices to City as a condition precedent to any payment to the Artist. Page 240 of 559 Purchase Order #XXXXXX 16. Interests of the Artist. The Artist covenants that it presently has no interest and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Artist further covenants that, in the performance of this work, no sub-Vendor or person having such an interest shall be employed. The Artist certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Artist shall at all times be deemed an independent Vendor and not an agent or employee of the City. 17. Hold Harmless and Indemnification. The Artist agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Artist’s employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Artist, and its agents, officers or employees, in the performance of all obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that the Artist’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 18. Contract Assignment. The Artist shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 19. Termination. The City may terminate all or part of this Order for any or no reason at any time by giving notice to the Artist. Should the City terminate this Order for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Order. For termination of any services pursuant to this Order, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Order. Upon termination notice from the City, the Artist must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods. 20. Ownership of Materials. The Artist warrants that, prior to transfer of the work to the City, the Artist was the sole owner of any copyright, propriety and/or other intellectual property interests in the work and has the authority to convey all such rights thereto. The Artist irrevocably assigns and grants to the City all right, title, copyright, propriety interests, and any intellectual property interests in and to the work in perpetuity. All original drawings, plan documents and other materials prepared by or in possession of the Artist as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. The Artist waives, releases, and disclaims any and all rights, demands, or claims against the City for City’s use or duplication of the work, including but not limited to Page 241 of 559 Purchase Order #XXXXXX City’s use of all or part of the work for commercial or marketing purposes. As the sole owner of the work, the City has the absolute right to determine the manner, scope, and duration of use of the work, and to modify the work, without seeking permissions or approval from the Artist. 21. Waiver of moral rights: The Artist waives, releases, and disclaims any and all rights, demands or claims as may arise at any time against the City that the Vendor may have with respect to the work produced under the terms of this this Order arising under the federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.) The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the work, without seeking permission or approval from Vendor. 22. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Artist as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by the Artist without the prior written approval of the City. 23. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Artist is required to furnish in limited quantities as part of the work or services under these specifications, the Artist shall provide such additional copies as are requested, and City shall compensate the Artist for the costs of duplicating of such copies at the Artist’s direct expense. 24. Entirety of compensation: The Artist agrees that payment provided by this Order shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all other necessary incidentals. Vendor waives any and all future claims for additional compensation in any form and under any circumstances. 25. Recognition of artist: The City agrees to recognize the Artist on the City’s website as the creator of the work on the City’s social media accounts for the duration of the City’s use of the Artist’s work. The Artist will be identified as “Artist’s Name here, Artist”. Page 242 of 559