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Home My WebLink About4.06 DFA Donor Recognition Program &00 -30 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 13, 1990 SUBJECT: Dublin Fine Arts Foundation (DFA) Donor Recognition Program eg—(Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: Proposed Agreement RECOMMENDATION: oAuthorize the Mayor to execute the agreement. FINANCIAL STATEMENT: No cost to the City unless the City initiates the removal of the plaques. DESCRIPTION: At the City Council meeting on May 14, 1990, the City Council conceptually approved the recognition of DFA donors on City property. The program concept involved the installation of plaques on a seat wall adjacent to the Dublin Boulevard Fountain shown in Exhibit A of the proposed agreement. Staff has been working with DFA representatives and the City Attorney's Office to develop on agreement which would allow this project to be implemented. DFA has been working on developing their campaign along with their Community Advisory Members. They anticipate its kick-off in the near future. When the City Council previously reviewed this program, the consensus was that the Foundation should be responsible for replacing plaques which are damaged. This is necessary due to the fact that the tiles are a specialized commodity and DFA will be regularly purchasing them for their program. The agreement reflects this assignment of responsibilities. DFA representatives have expressed to Staff that the key to their project is to recognize their donors on a long term basis. In order to address this issue, the agreement provides a two year notice in the event that the City elects to terminate the agreement. This will allow DFA time to wind down their campaign. The waiting period also assures that recently installed plaques are in place for over one year in the event that the City has plans which would require removing them. DFA has also requested that the agreement have the City assume responsibility for the cost of removal. DFA intends . to use the proceeds from the program to complete community projects. Therefore, they may not have funds to absorb the cost of removal. The agreement assigns the cost of removal to the City. The proposed agreement also provides for an option to relocate the plaques based upon a written agreement by both parties. Staff recommends that the City Council consider the terms of the agreement, and, if appropriate, authorize the Mayor to execute the agreement. ---------------------------------------------------------------------- COPIES TO: Ron Nahas, DFA President Lynne Baer, DFA Executive Director ITEM N0. Sip lW J 6700 _0 O AGREEMENT BETWEEN DUBLIN FINE ARTS FOUNDATION AND CITY OF DUBLIN REGARDING INSTALLATION OF RECOGNITION PLAQUES ON CITY PROPERTY This Agreement is entered into this day of November, 1990, between the DUBLIN FINE ARTS FOUNDATION ( "DFA" ) , a non-profit association, and the CITY OF DUBLIN ( "CITY" ) , a municipal corporation. RECITALS WHEREAS, DFA has requested that recognition plaques indicating the names of donors be installed on a wall adjacent to the Dublin Civic center, a municipally-owned building; and WHEREAS, it appears to be in the public interest to authorize the installation of such plaques . NOW, THEREFORE, DFA and CITY mutually agree as follows : AGREEMENT Section 1 . CITY Rights and Responsibilities . A. CITY agrees to allow DFA to permanently install donor recognition plaques on the wall adjacent to the Public Plaza fountain located at the Dublin Civic Center. The general location of the plaques shall be in the area shown on Exhibit A, attached hereto and incorporated herein. B. The text and placement of any signage identifying the plaques shall be subject to review and prior written approval by the Public Works Director. C. CITY shall be responsible for regular maintenance of the area excluding the replacement of damaged or broken plaques. If deemed necessary to protect public safety, CITY reserves the right to remove damaged plaque(s) or take other necessary measures to protect the public. ATTACHMENT A -1 - e Section 2 . DFA Rights and Responsibilities . A. Prior to beginning work, DFA shall submit to CITY Public Works Director plans and specifications identifying the method, timing, and location of attaching the plaques to the wall . The plans shall be in enough detail to assure that the project will be constructed in a sound manner and that the plaques will be securely fastened. Consideration shall be given as to the ease of maintenance and replacement of the plaques . Actual installation of the plaques shall be in accordance with plans approved by the Public Works Director. B. Installation shall be by a licensed contractor retained by DFA and shall be completed in a workmanlike manner. C. DFA shall notify the Public Works Director to obtain approval for the dates of construction. D. DFA and its contractor shall be responsible for taking all safety precautions required by the Public Works Director, including any measures necessary to protect adjacent improvements during construction. E. DFA shall provide CITY with evidence that any contractor acting on behalf of DFA has in full force and effect ( 1 ) Workers, Compensation Insurance and ( 2) public liability insurance in an amount not less than $1 , 000, 000 combined single limit per occurrence against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the installation of the plaques . DFA shall require its contractor to name CITY as an additional insured. F. DFA shall pay the full cost and expense of production and installation of the plaques . G. In the event that a plaque is damaged, CITY shall notify DFA in writing, and DFA shall be responsible for procuring a replacement plaque and installation thereof. -2- Section 3 . Termination of Agreement This agreement may be terminated by CITY upon providing a written Notice of Termination to DFA. CITY agrees that said Notice shall provide a twenty-four ( 24) month waiting period prior to the removal of any plaques, except as identified in Section 1 (C) . Upon termination and passage of twenty-four ( 24) month waiting period, CITY may elect to retain the plaques in place. CITY or DFA may relocate the plaques as agreed by both parties in writing. DFA agrees to cease selling plaques within ninety (90) days of receipt of the Notice of Termination. DFA shall cease installing plaques within one hundred eighty ( 180) days of Notice of Termination. DFA may terminate this agreement upon one hundred eighty ( 180 ) days written notice to CITY. Upon termination, the costs associated with removing the plaques and/or restoring the mounting surfaces shall be the responsibility of CITY unless otherwise agreed to in writing by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. DUBLIN FINE ARTS FOUNDATION CITY OF DUBLIN By By Ronald C. Nahas, President Paul C. Moffatt, Mayor Attest: By Kay Keck, City Clerk Approved as to Form By City Attorney -3- U � I -P�oeos� br r -I•�� e,co�c�.k�O� aCP.o^- �� SECTION 0-13' 111 i'o SECTIONS DESIGN DEVELOPMENT L_6 . To od �� v-,ox 0� . s