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HomeMy WebLinkAbout8.3 Public Art Master Plan CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION AGENDA STATEMENT MEETING DATE:February 13, 2003 SUBJECT: Public Art Master Plan ATTACHMENTS: 1. Request for Proposals RECOMMENDATION: Review the Request for Proposals and provide input. FINANCIAL STATEMENT: $15,000 has been budgeted to hire a consultant to create a Public Art Master Plan. DESCRIPTION: In 2001-2002 the Dublin City Council rated as a high priority goal: "the creation of a Public Art Master Plan for the City of Dublin". The Public Art Master Plan will provide a comprehensive plan to formally articulate the City's goals and objectives and establish guidelines for the operation of the Public Art Program. The selected consultant or firm will access the City's overall development plans, make recommendations that will encourage the integration of a unified public art program into those plans to provide a framework for public art in Dublin, identifying sites, scale, medium and type of work. Additionally, they will identify the most common funding sources for private and municipal art and make recommendations for the best option and alternatives for the City. The following is the projected time line for the project: • April 11, 2003 Deadline for proposals • April 24, 2003 Interview with the finalists • May 6, 2003 City Council to Award Consulting Services Agreement • May 16, 2003 Orientation for finalist • July 16, 2003 Public Art Master Plan to City Staff • August 14, 2003 Public Art Master Plan to Heritage and Cultural Arts Commission for review • September 2, 2003 Public Art Master Plan to City Council for approval. It is the recommendation of Staff that the Heritage and Cultural Arts Commission review the Request for Proposal for a Public Art Master Plan and provide input. COPIES TO: ITEM NO. 8.3 G:\Hrtg Cult Art Comm\agndstmts\2003\2-13 RFQ for Public art Master Plan.doc City of Dublin Notice of Request for Proposals "Public Art Master Plan" The City of Dublin is seeking consultant services to assist the City in developing and defining a Public Art Master Plan for the City of Dublin. Deadline for Proposals: April 11th,2003 by 5:00 P.M. (no faxes accepted) Theresa Yvonne Heritage and Cultural Arts Supervisor City of Dublin 100 Civic Plaza Dublin, California 94568 Award of Contract; May 6,2003 Contact Theresa Yvonne Heritage and Cultural Arts Supervisor 925.833.6645 theresa.yvonne@ci.dublin.ca.us I. Introduction: This Request for Proposal (RFP) solicits proposals from qualified professional individuals or firms to provide a comprehensive review, evaluation and development of a Public An Master Plan for the City of Dublin. The City of Dublin recognizes the necessity to develop a comprehensive plan to formally articulate its goals and objectives and establish guidelines for the operation of the Public Art Program. It is proposed that the selected consultant or firm will produce a Public Art Master Plan that will define the vision and the structure of a program that will enhance public spaces throughout the City with works of art and functional works integrated into its architecture. The Scope of Services listed below should be used only as a guide to complete the plan. It is subject to interpretation and the proposer is encouraged to modify or add to this list in the proposal as deemed necessary. The City is open-minded on the process that can best be applied to achieve the desired work product. The City, therefore, is seeking a creative = individual/firm with original ideas and a complete and demonstrated understanding of how to bring this plan to completion,efficiently.and effectively. II. Project Description: The City of Dublin is seeking services to access the City's overall development plans, make recommendations that will encourage the integration of a unified public art program into those plans and to provide a framework for public art in Dublin, identifying sites, scale, medium and type of work. III. Project Timeline: • April 11,2003 Deadline for submission- 5 p.m. April 24,2003 Interview with Finalist-time to be determined May 6,2003 City Council Award Consulting Services Agreement May 16,2003 Orientation for Finalist • July 16,2003 Public Art.Master Plan to the City of Dublin August 14,2003 . Master Plan to Heritage and Cultural Arts Commission for Review September 2,2003 Master Plan to City Council for approval IV. Scope of Services: The City anticipates issuing a notice to proceed to the consultant on or about May 6, 2003. The consultant shall work closely with Theresa Yvonne, Heritage and Cultural Arts Supervisor and other City staff designated by the Director of Parks and Community Services to complete the task. l Once under contract,the selected individual or firm will: Request for Proposals February 18,2003 " Public Art Master Plan Page 2 of 6 a. Meet with City Staff in the development of the Publi c Art Master Plan. b. Review existing documents which contain pertinent information to the development of the PublicA rt Master Plan. c. Review the history and scope of Dublin's previous Public Art experience. d. Solicit input from the community via a series of public meetings. e. Identify the most common funding sources for private and municipal art and make recommendations of the best options and alternatives for the City. f. Develop guidelines and criteria that provide the methodology for the identification and selection of future projects and sites. g. Prepare and recommend criteria for Public Art inclusion at above identified locations,including warrant for public art and statement of place. h. Present a draft document to the Heritage and Cultural Arts Commission for review and input. i. Present a final document to the City Council for final approval. V. Background: Since 1997 the City of Dublin has encouraged the inclusion of public art elements in both public and private development projects in the community. Since then the City has completed thirteen public art pieces installed within the community and five more currently in process. The Heritage and Cultural Arts Commission was established in 1999 and is comprised of seven community members who are appointed by the Mayor. The Commission acts in an advisory capacity to the City Council in matters relating to the inclusion of the performing and visual arts in public places. VI. Specifications for the Proposal: All responsive proposals shall be reviewed and evaluated by the City in order to determine which candidate best meets the City's needs for this project by,demonstrating the competence and professional qualifications necessary for the satisfactory performance of the required services. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. a. Format of proposals. All proposals shall be typewritten and submitted in a sealed envelope. b. Quality of Proposal. Unnecessarily elaborate or glossy proposals are neither expected nor desired. c. Contents of Proposal. The candidate shall include in the proposal, at a minimum,the following information presented in a clear and concise format, in order to demonstrate the candidates competence and professional qualifications. Request for Proposals February 18,2003 Public Art.Master Plan Page 3 of 6 1. A list of the most recent projects for which the candidate has performed similar services of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar. amount of the contract,and the date of performance. 2. A list of the candidates principals, employees, agents, and sub consultants, which the candidate anticipates assigning to this project. This list shall include a summary of the qualifications, licenses, and experience of each individual and the type of work to be performed by each individual. The City will retain under its agreement with the successful candidate the right of approval of all persons performing under the agreement. 3. A detailed description of the methods by which the proposer intends to perform the work set forth in the Scope of Services. The description shall include,at a minimum,the following items: a. A total proposed "Not to Exceed" cost of the services, including a fee schedule describing all charges and hourly rates for services. b. A statement which discloses any past, ongoing or potential conflicts of interest which the Consultant may have as a result of performing the work for this project. c. A copy of an insurance certificate, or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits). d. The proposal must be signed by an authorized representative of the candidate. VII. Award of Agreement: Upon completion of the review period, the City shall notify those candidates whose proposals will be considered for further evaluation and negotiation. All candidates so notified shall be required to make presentations to an evaluation committee composed of City Staff. Any delay caused by the Candidate's failure to respond to direction from the City may lead to a rejection of the Proposal. City Staff may negotiate in good faith in accordance with direction from the City. VIII. Project Budget: The total budget available for the project is $15,000.00. This total includes time and materials expenses, including time for project development, meetings with staff, Request for Proposals February 18,2003 Public Art Master Plan Page 4 of 6 sessions/meetings with public and production of a draft and final scope of the Master Plan, and submission of a document which can be reproduced and distributed by the City of Dublin for the Public Art Program. Ix Submittal of Proposal: A. One original (reproducible and submitted in loose-leaf, 8 1/2 x 11" format, with numbered pages) and five copies of the completed proposal must be received by the City Manager's Office, City of Dublin, 100 Civic Plaza,Dublin, CA 94568. B. All proposals, as well as any modifications, received at this office after the hour and date specified above, will not be accepted. All proposals will become the property of the City of Dublin and will not be returned. C. The proposal shall be signed by an officer or officers authorized to execute legal documents on behalf of the Proposer and shall contain a statement to the effect that the proposal is firm offer for a 60-day period. X. Proposal Acceptance: Primary consideration will be given to the general appropriateness of the proposal of the project, the technical competence and creative ability of the consultants (as described in the proposal) and the firm's willingness to work closely with City Staff. The City reserves the right to reject all proposals that are inappropriate or inadequate. XI. City Criteria for Selecting a Consultant The City's criteria in selecting a consultant will include but not be limited to: A. Technical competence to perform the work specified in the Scope of Work Factors to be considered include, but may not be limited to: Firm and personnel experience, familiarity with similar types of projects, and the commitment of key personnel. B. Record of past performance as determined from all available information, including direct communication by the City with Proposer's former clients. Factors to be considered include, but may not be limited to: cost control, work quality,and completion of work on schedule. C Capability under current_workload to perform the work within the project schedule and subsequent revisions. Factors to be considered include, but may not be limited to:Size of staff assigned to the project and availability of staff. XII. Selection Process: All proposals are due April 11,2003,by 5:00 P.M. A Committee of City Staff,including but not limited to,the City Manager,Director of Parks and Community Services, Community Development Director and the Heritage and Cultural Request for Proposals February 18,2003 Public Art Master Plan Page 5 of 6 Arts Supervisor will review the proposals and select a firm or firms. Interviews are scheduled as needed. In the case of more than one firm being selected as a potential candidate it is anticipated that an interview process may occur and the same Committee will be present at the interview. It is anticipated that the City Council will review and approve the Consultant Services Agreement at its meeting of May 6,2003. The consultant will begin work following the Contract being signed and appropriate papers filed with the City Clerk. Attachments: Consultant Services Agreement Request for Proposals February 18,2003 Public Art Master Plan Page 6 of 6 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND [NAME OF CONSULTANT] THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and ("Consultant") as of , 200_. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on , the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed , notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between.this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between • [DATE] City of Dublin and Page 1 of 14 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • . Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option,for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; _ • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received,for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10%of the total sum due pursuant to this Agreement within sixty(60)days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra,further, or additional service pursuant to this Agreement. Consulting Services Agreement between [DATE] City of Dublin and Page 2 of 14 T In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed ($ ). Expenses not listed below are not chargeable to- City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this _ Agreement pursuant to Section 8,the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and: timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks,filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location,quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure"occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the Consulting Services Agreement between [DATE] City of Dublin and Page 3 of 14 insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' . Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided,shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. _ An endorsement shall state that coverage shall not be canceled except after thirty(30) - days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) - per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88)or Insurance Services Office form number GL 0002(ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Consulting Services Agreement between [DATE] City of Dublin and Page 4 of 14 Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned,occupied,or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials,employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty(30)days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000)covering the licensed professionals'errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty(30) Consulting Services Agreement between [DATE] City of Dublin and Page 5 of 14 days'prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work,so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the.commencement of any work under this Agreement. 4.4 All Policies Requirements. • - 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified.copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits,and forms of Consulting Services Agreement between [DATE] City of Dublin and Page 6 of 14 such insurance are either not commercially available,or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration,and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited,or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies,which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify,defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal,state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage Consulting Services Agreement between [DATE] City of Dublin and Page 7 of 14 to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public.Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify,defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents,or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of , City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered i pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.- Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority,express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between [DATE] City of Dublin and Page 8 of 14 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this - Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age,physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment,subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon days'written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between [DATE] City of Dublin and Page 9 of 14 • • 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal.;performance by Consultant and is based upon a determination of Consultant's unique personal competence,experience, and specialized personal knowledge. Moreover, &substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal,without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive. the termination of this Agreement. S 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans,specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if.Consultant had completed the work. . Section 9. KEEPING AND STATUS OF RECORDS. Consulting Services Agreement between [DATE] City of Dublin and Page 10 of 14 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files,or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3)years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit,, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City,for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County or in the United States District Court for the District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Consulting Services Agreement between [DATE] City of Dublin and Page 11 of 14 provision of this Agreement shall not void or affect the validity of any other provision of this . Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. • 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. ,, 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7,. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location,would place Consultant in a"conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve(12), months, an employee, agent, appointee,or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code§1090 etseq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the.City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 C o ntra ct Administration. This Agreement shall be administered by ("Contract Administrator")., All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between [DATE] City of Dublin and Page 12 of 14 • Any written notice to City shall be sent to: 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report,first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled. "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF CONSULTANT [NAME,TITLE] [NAME,TITLE] Attest: [NAME], City Clerk Approved as to Form: [NAME], City Attorney Consulting Services Agreement between [DATE] City of Dublin and Page 13 of 14 • J:IwpdIFORMSIAGREIstandard consultant services agreement-2001.doc Consulting Services Agreement between [DATE] City of Dublin and Page 14 of 14 EXHIBIT A SCOPE OF SERVICES J:Iwpd\FORMSIAGREIstandard consultant services agreement-2001.doc • Consulting Services Agreement between March 8, 2001 City of and --Exhibit A Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE • J:Iwpd\FORMSIAGREIstandard consultant services agreement-2001.doc Consulting Services Agreement between March 8, 2001 City of and --Exhibit B Page 1 of 1 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION AGENDA STATEMENT MEETING DATE:February 13, 2003 SUBJECT: • 2003-2004 Heritage and Cultural Arts Objectives ATTACHMENTS: 1. Adopted 2002-2003 Objectives 2. Preliminary 2003-2004 Objectives RECOMMENDATION: 1. Review Status of 2002-2003 Objectives 2. Provide Input and Prioritize Preliminary 2003-2004 Objectives FINANCIAL STATEMENT: None DESCRIPTION: The City Council has scheduled the Annual Goals & Objectives Study Session for Monday, March 31, 2003' at 6:00 p.m. This Study Session provides the City Council with an-opportunity to reach consensus on the primary direction and allocation of City resources for the upcoming year. ADOPTED 2002-2003 OBJECTIVES The adopted 2002-2003 Objectives for Heritage and Cultural Arts included a total of ten objectives. Since the adoption of the Goals and Objectives Program, two additional objectives were initiated by the City Council. Of those objectives, ten objectives were assigned a high priority and two objectives were assigned a medium priority. Staff has prepared a year-end status report, which outlines the level of accomplishment for the twelve objectives (Attachment 1). Of the twelve objectives, three are complete, eight are underway, and no 'progress has been made on one. PRELIMINARY 2003-2004 OBJECTIVES Staff has prepared a preliminary list of 2003-2004 Objectives for Heritage and Cultural Arts (Attachment 2). Staff has included six new objectives for 2003-2004. The remaining objectives have been carried over from the previous year. Included on the 2003-2004 Preliminary Objectives form is a column identified `Benefit/Need" to assist the Commission in assessing the importance of each objective. Also included on the form is a column identified "Additional Resources Required". This column identifies whether additional staffing or funding resources over and above the City's current service capability is required to accomplish the objective within the next year. The priority assigned by Staff to each objective is also shown on the form. In advance of the meeting Staff recommends that the Commission individually prioritize the objectives by giving a rating of high, medium, low, or no priority (delete) and come prepared to the meeting to COPIES TO: ITEM NO. 8.4 G:\I-Irtg Cult Art Comm\agndstmts\2003\213-2003-2004 OBJECTIVES.doc collectively establish priorities. These priorities will then be forwarded to the City Council to be considered as they deliberate the priorities of the overall City Goals & Objectives Program. Staff has also provided additional space at the end to identify and prioritize any other objectives, which individual Commissioners wish to have considered as part of the 2003-2004 Goals and Objectives Program. Staff has prepared the following definition of a "high" priority objective: an objective which significantly improves the City's ability to affect the overall quality of life in the community,provides basic services or is required by Law. Objectives should receive a "medium" or "low" priority if the degree to which they affect the above criteria is not as great. It is recommended that the Heritage and Cultural Arts Commission take the following action: 1. Review 2002-2003 Objectives 2. Receive Staff Report on Preliminary 2003-2004 Objectives 3. Receive Input from Public 4. Deliberate and Prioritize Preliminary 2003-2004 Objectives • -2- ADOPTED 2002-2003 GOALS & OBJECTIVES STATUS REPORT AS OF 01/31/03. PAGE 1 # COUNCIL PERSON YEAR PROPOSED OBJECTIVE FOR ACCOMPLISHING ESTIMATED ESTIMATED STATUS PRIORITY RESPONSIBLE GOAL START COMPLETION 1I.= ..CULTU RES_L LEISURE : B. HERITAGE & CU LTURAL ARTS { , . , , ,$ . � n 1. High Lowart 2000 Complete Freeway Underpass Art at Dublin Blvd & Aug. 2002 Aug. 2003 UNDERWA\; Artist team has begun Amador Valley Boulevard. painting and plans to complete Dublin Boulevard by Feb. 2003 and Amador Valley , Boulevard by Aug. 2003. 2. High Lowart 2002 Complete Murray School Bell Tower Restoration July 2002 Feb. 2003 COMPLETE Project. , 3. High Lowart 2002 Work with Dublin Fine Arts Foundation to complete Apr. 2002 Sept. 2003 COMPLETE; Ted Fairfield Park completed Art in the Parks projects for Emerald Glen Park and Aug. 2002. Ted Fairfield Park. ' UNDERWAY; Emerald Glen Park design i was approved Aug. 2002; Installation estimated to be complete Fall 2003. 4. High Lowart 2002 Install plaques on all City-owned art work. Sept. 2002 June 2003 UNDERWAY; proposed plaque design to Heritage & Cultural Arts Commission in i Mar. 2003 and to Council in Apr. 2003. - i Installation complete by June 2003. 5. High Lowart 2001 Establish a policy for acquisition/acceptance of _ July 2002 Jan. 2003 COMPLETE museum artifacts. 1` 6. . High Lowart 2001 Develop a Public Art Master Plan. Nov. 2002 Sept. 2003 UNDERWAY; Request for Proposals to Heritage.& Cultural Arts Commission in . Feb. 2003 and to Council in Mar. 2003. Master Plan complete by Sept. 2003. 7. High . Lowart 2002 Commission public art for the Senior Center. Sept. 2002 Aug. 2004 UNDERWAY; Selection Committee \ - ( appointed. RFP to artist Jan. 2003 with Artist beginning Fall2003. 8. High , Lowart 2000 . Complete Public Art/Bus Shelter Project in ' Oct. 20,01 Aug. 2003 UNDERWAY; conceptual design approved Downtown Dublin. I by City Council in Nov. 2002; artist contract 1 to City Council in Feb. 2003; fabrication and ,i: installation complete by Aug. 2003. 9. Medium Lowart 2001 Develop plans for documentation, certification & Sept. 2002 Jan. 2003 COMPLETE , cataloging of City's collections (historical & art). 10. Medium Lowart 2001 Investigate the feasibility of a Performing Arts Center. NO PROGRESS; Not funded FY 2002-03 4 ADOPTED 2002-2003 GOALS & OBJECTIVES STATUS REPORT AS OF 01/31/03' PAGE 2 # COUNCIL PERSON YEAR PROPOSED OBJECTIVE FOR ACCOMPLISHING ESTIMATED ESTIMATED STATUS PRIORITY RESPONSIBLE GOAL START COMPLETION ADDITIONAL OBJECTIVES (HERITAGE & CULTURAL ARTS) 11. Work with Dublin Fine Arts Foundation to complete Nov. 2002 June 2004 UNDERWAY; Request from DFAF Art in the Parks projects for Dublin Ranch Area G approved by Council Sept. 2002; artist Neighborhood Park and Dolan Park. selection for Area G Park to begin Jan. 2003. 12. Begin the process of placing Old St. Raymond's May 2002 Nov. 2003 UNDERWAY; Application under review by Church and Murray Schoolhouse on the National Department of Interior, National Registry. Register of Historic Places. • • CITY OF DUBLIN PRELIMINARY GOALS & OBJECTIVES 2003 -2004 PAGE 1 # . COMMISSION STAFF PRIORITY YEAR PROPOSED OBJECTIVE FOR ACCOMPLISHING GOALS BENEFIT/NEED. ADD'L RESOURCES TIME PRIORITY REQUIRED REQUIRED 111. CULTURE LEISURE B. HERITAGE &CULTURAL ARTS To preserve the cultural heritage of the community; enhance the quality of life for all residents by providing cultural and historical programs; enrich the community through the placement of public art. 1. High 2000 Complete Freeway Underpass Art at Dublin Blvd &Amador Enhance City through None (funds currently 2 months Valley Boulevard. placement of fine art. budgeted) 2. High 2002 Work with Dublin Fine Arts Foundation to complete Art in the Enhance City parks Capital Costs 12 months Parks projects for Emerald Glen Park, Area G and Dolan through placement of _ Neighborhood Parks. fine art. 3. High 2001 Develop a Public Art Master Plan. . Identify sites for public None (funds currently 3 months art and establishes budgeted) policy for public art. 4. High, r 2002 Commission public art for the Senior Center. Enhance facility Capital Costs 5 months through placement of fine art. , _ 5. High 2000 Complete Public Art/Bus Shelter Project in Downtown Enhance the None (funds currently 2 months Dublin. Downtown through the budgeted) replacement of existing shelters with artist _ inspired shelters. 6. High 2003 Refurbish exhibit space within the Murray schoolhouse to Refreshed exhibit . Capital"Costs 9 months provide a fresh setting that will optimally highlight Dublin's space and displays will history. better communicate Dublin's unique history, enrich the visitor's , experience, and elevate the Dublin Heritage Center to that of a first-rate local ' history Museum. CITY OF DUBLIN PRELIMINARY GOALS & OBJECTIVES 2003 -2004 PAGE 2 f # COMMISSION STAFF PRIORITY YEAR PROPOSED OBJECTIVE FOR ACCOMPLISHING GOALS BENEFIT/NEED ADD'L RESOURCES TIME PRIORITY REQUIRED REQUIRED 7. High 2003 Expand cultural arts class opportunities to the community. Implements one of the Additional costs Six months objectives of.the would be offset with ..../1 'w-"' J Heritage and Cultural additional revenue Arts Long Range Plan, which is to provide consistent and ongoing arts education and activities in the community. _ 8. - High 2003 Sponsor programs at the Heritage Center that will Cultivate an Additional costs 3 programs emphasize Dublin's culture and heritage through arts, .appreciation in the would be offset with would be }� music, dance,food and storytelling. local community for additional revenue scheduled " culture, history and over a 12- diversity while directing month attention to and period. fostering pride in the Dublin Heritage Center. 9. , High 2003 Sponsor a day in which the community can bring artifacts, To offer a service to None 40 hours of antiques or photographs to the Dublin Heritage Center,for the community (either staff time to review by local historians and/or antique.experts. identification or plan and ,,....---Ni appraisals) and provide promote links to the historical • event resources within Dublin. 10. High 2003 Pursue replacement of the family history signs in the Dublin Signs provide visitors Capital Costs 6 months Cemetery. to the cemetery with a historical biography of founding families in the valley who are buried at the cemetery. 11. High 2002 Complete the process of placing Old St. Raymond's Church The buildings will be None 6 months and Murray Schoolhouse on the National Register of nationally recognized Historic Places. as historical and - become eligible for grant funding. • CITY OF DUBLIN PRELIMINARY GOALS & OBJECTIVES 2003 -2004 PAGE 3 # COMMISSION STAFF PRIORITY YEAR PROPOSED OBJECTIVE FOR ACCOMPLISHING GOALS BENEFIT/NEED ADD'L RESOURCES TIME PRIORITY ' REQUIRED REQUIRED 12. Medium 2003 Offer a series of cost effective yet high-quality and engaging Increase community Increased Program 3 exhibitions exhibitions at the Dublin Heritage Center. participation and create Costs would be memorable scheduled experiences at the over a 12- Dublin Heritage Center. month period. 13. Medium - 2001 Investigate the feasibility of a Performing Arts Center. Determine need and Consultant Services 12 months cost for Performing Arts Center. CT (From the Heritage.&Cultural Arts Commission)IVES..( ) j I