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Item 4.16 H&CA Prgm Assess
CITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 21, 1999 SUBJECT: Heritage and Cultural Arts Programming Assessment Agreements Report Prepared by Bonnie Leonard, Recreation Supervisor ATTACHMENTS: 1. Agreement - AMS Planning and Research 2. Agreement - Lynne Baer 3. Budget Change Form RECOMMENDATION: 1. Approve Agreement with AMS Planning and Research 2. Approve Agreement with Lynne Baer 3. Approve Budget Change Form FLNANCIAL STATEMENT: Total cost for both contracts is $44,500. An additional appropriation from the unallocated reserve in the amount of $19,500 will be required. DESCRIPTION: The Fiscal Year 1999-2000 budget provides $30,000 to conduct an assessment of cultural arts and heritage programming in the community. The project as originally F"~nvisioned by Staff was to consist of a survey phase only; however, after consultation with professionals in the research field it became apparent that adding a focused discussion group phase to the assessment process would provide a more in-depth product. The additional cost for conducting the focused discussion group phase is $10,500. At the October 19, 1999 meeting of the Dublin City Council, the Council directed Staff to issue a Request for Proposals for a heritage and cultural arts assessment composed of two phases: Random Digital Dial Sample-Survey and Focused Discussion Groups. Lynne Baer, Consulting Director of Dublin Fine Arts Foundation, City Manager Richard Ambrose, Parks and Community Services Director Diane Lowart and Recreation Supervisor Bonnie Leonard, evaluated the four proposals received. Two firms were invited to participate in interviews with the above named panel. Based upon the proposals and the interviews the panel recommends that the City execute an agreement with AMS Planning and Research to perform the assessment (Attachment 1). AMS Planning and Research proposes a budget of $3%000. AMS Planning and Research is a national arts management consulting firm established to assist' organizations and governments in the formation of strategic and long-range plans, arts market research and to direct the planning and development of cultural facilities. Since its rounding in 1988, the firm has been involved in more than one hundred market research projects.' .g/iS has knowledge of markets for arts and culture, experience with community facilitation and planning, and in-depth 'knowledge of the Bay Area. COPIES TO: ~as Planning and Research/Lynne Baer ITEM NO. 41;~ GABONNIE~1221hcaccontract.DOC In addition to the consulting firm responsible for completing the two methods of assessment, Staff recommends hiring a Project Manager who will, under the direction of Staff, manage and monitor the assessment process and assist in creating a long-term Heritage and Cultural Arts Program Plan. directed by the Council at the October 19, 1999 meeting, Staff has negotiated a contract with Lynne Baer of Lynne Baer Fine Arts for the Project Management Services (Attachment 2). In addition to monitoring the assessment process Ms. Baer will provide consultation for current Art in the Park projects and Civic Center exhibits. Contract costs for Ms. Baer's sen, ices are $7,500. The approved budget for this project is $30,000. At the September 21, 1999 meeting of the Dublin City Council, the Council Vanted $5,000 of the budgeted amount to Dublin Fine Arts Foundation to cover the consulting fees for Lynne Baer from September through December 1999 in order to complete the "Art in the Parks" projects for Mape Memorial and Kolb Parks. At that time it was noted that should the ~ant to Dublin Fine Arts Foundation result in a budget shortfall for the cultural ms and heritage pro~amming assessment, a budget adjustment would be brought before the City Council at the time that the contract for the-assessment is awarded. The total cost of the assessment including the two-phased approach with AMS Planning and Research and Ms. Baer's contract is $ 44,500 which results in a budget shortfall of $19,500. Therefore, in order to complete the assessment as outlined a budget adjustment of $19,500 is recommended. A Budget Change Form in this amount is Attachment 3. It is the recommendation of Staff that the City Council: 1. Approve the Ageement with A.MS Planning and Research and authorize Mayor to execute. 2. Approve the Ageement with Lynne Baer and authorize City Manager-to execute. 3. Approve the Budget Change Form. AGREEMENT BETWEEN CITY OF DUBLIN .4~ND .~NIS PL.4~NNING .4~ND RESEARCH FOR CONSULT-&NT SERVICES HERITAGE .AND CULTUtL~J~ ARTS PROGtL&MMING ASSESSMENT THIS AGREEMENT is made at Dublin, California, as of, December 21, 1999 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and .zLMS Planning and Research, ("CONSULTANT"), who aFee as follows: 1. SERVICES. Subject to the terms and conditions set forth in this A~eement, CONSULT.~dNT shall provide to CITY the services described in Exhibit A. CONSULTANT shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PA~ClENT. CITY shall pay CONSLrLTANT for services rendered pursuant to this Agreement a~ the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONSULT.ANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and custommy procedures and practices which CONSULTANT uses for billing clients similar to CITY. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, CONSULT.A~NT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONSULTANT only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C- ' 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Ag-reement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTtL4~CT .4j)MINISTRATION. Recreation Supervisor CADMINISTRATOR"). ADMINISTRATOR or her designee. This AFeement shall be administered by Bormie Leonard, All correspondence shall be directed to or throug~h the 7. NOTICES. Any written notice to CONSULT.~NT shall be sent to: Robert Bailey .AMS Planning and Research 915 D Street Petalma, CA 94952 .A~ny w~tten notice to CITY shall be sent to: Bonnie Leonard, Recreation Supervisor Cirb; of Dublin 100 Civic Plaza Dublin, CA 94568 Agreement Page 7 of 2. ATTACHMENT I Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Arrest: City, Clerk By "Consultant" Approved as to form: City Attorney Agreement Page 2 of 2 EXHIBITA SCOPE OF SERVICES Scope of Services as described in proposal dated November 18, 1999, attached hereto. Exhibit A Page 1 of 2] 915 D Street Petaluma, CA 94952-4030 707.778.8445 Fax 707.769.0329 h~p://ams-online.com November 18, 1999 Ms Bonnie Leonard, Recreation Supervisor City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Bormie: In response to your Request for Proposals, AjvIS is pleased to provide a scope of research and consulting sen,ices in support of the Ci~"s efforts to assess the a~ and heritage interests in the community. Project Approach Tnc goal of the project is to conduct a pro~am of research and assessment that would provide the City and the Heritage and Cultural/~ts Commission with a tool for long-term planning for culraral arts and heritage development in the City. The project will comprise two research components, as follows: Focused Group Discussions. A Random Sample Public Telephone Survey An intensive design phase invoh,ing extensive discussion with the Commission and City staff and consultants will inform the research. The goal is to create strong foundation of information upon which to set future priorities and strategize. Proposed Scope of Services Task 1: Project Initiation AMS will review pre~qous planning efforts in the city and re,on on relevant issues such as the City General Plan, culture and recreation plans, heritage preservation efforts, tourism, and any other relevant plans by educational, business or regional agencies. At a project ldck-off meeting, .&MS will facilitate a discussion with the Commission and City of Dublin staff and Project Manager to gain input on goals and objectives and confirm expectations for'the research. A critical component of these discussions will be to determine the scope and focus of the research and make any adjustments to the work plan. CONNECTICUT MISSOURI CALIFORNIA During prog-ress of the research, regmlar meetings will be scheduled to review the findings and obtain guidance for each step of the process. Task 2: Focused Group Discussions Focused group discussions wilt be conducted with citizens representing various interest groups to be identified in consultation with City staff, the Project Manager and members of the Commission. The meetings would be held in various facilities throughout the city, such as the senior center, community center, library and city hail and special efforts will be made to engage artists, arts organization representatives, community leaders and other segrnents of the community such as local businesses, neighborhood and ratepayer associations. Page 2 November 18, 1999 City of Dublin Market Research Proposal The meetings will be led by AMS staff using facilitation techniques that have been successfully developed over many years and for many similar projects. Input will be sought on cultural goals, objectives and strategies for the City. We will work closely with City staff, the Project Manager and the Commission to design the Group Discussion agenda and protocol. The following list of topics is intended to stimulate discussion: · What relationship do the arts, culture and heritage have with the "big picture" of the quality of life in Dublin and with the City's visions for the future7 · What roles should city government, other agencies, volunteers and businesses have in arts, culture and heritage development.'? · What is/are the issues and opportunities which impact the arts and cultural development of the community7 · What will the cultural life of Dublin look like as it successfully implements arts development strategies? · How will resources be allocated.'? The results of the focused group discussions will provide insight into the Dublin cultural "scene," identi& specific opportunities and external factors facing the city in the sho~- and long-term future, and goals and objectives for cultural development in the city and region. Tne results of the discussions will provide critical input for the development of the public survey. A report, with a summaD, and analysis of the discussions will be prepared and presented to the Commission. Task 3: Public Telephone Survey The public telephone survey will incorporate a random sample selected by Random Digit Dial and will survey adults age 25+ in households within .the City of Dublin..~ totaI of 400 completed interviews will be done. This survey size will ensure that the analysis ~vill provide a margin of error of a maximum of plus or minus five at a 95 · percent confidence level as required in the RFP (note that small sample sub-analysis may produce greater margins of error). A random public sur~,ey represents the best sampling approach, assuring that "culture non-users" are surveyed with asked key questions about awareness, interests and perceptions and potential inducements to participation. Based on our experience with over 2,500 "arts" survey interviews, we would expect that about three quarters of the sample will have attended at least one arts event in the past 12 months (see table below), and these respondents will be able to provide in-depth information about their participation, program interests and how to increase attendance. AMS Planning & Research Page 3 November i8, 1999 City of Dublin Market Research Proposal Arts Participation Data Frequency Count Percent Cure. Total Percent Cum. (12 mos.) Percent Attendances Percent Zero times 892 35.3% t 35.3%] 0 0.0% 0.0% I to 4 times I097 39.9% 75.2% [ 2331 27.1% 27.1% 5 to 9 times 365 14.5% 89.7% ] 249 [ 26.1% 53.2% i0+ times 260 ~ 10.3% I00.0% J 4035 ] 46.8% 100.0% Source: AMS Surveys The sample will consist of randomly generated telephone numbers in telephone exchanges falling within the City limits (consideration might be given to including the City's "sphere of influence"). We will exclude telephone exchanges that fail outside the City, and will filter on ZIP code early in the protocol, to exclude non- Dublin ZIPs. Up to five attempts over a number of days and times will be made to reach eligible households before drawing a new telephone number from the sample. All inter'jews &rill be conducted between 5:00 and 9:00 p.m. on weekdays, and between t0:00 a.m. and 6:00 p.m. on weekends. The strictest industry standards will be adhered to ensure respondcuts' confidence in the sun, ey and maximize response rates. We will seek your permission for our interviewers to represent themselves as calling on behalf of the CiB', to increase the cooperation rate. In the current telemarketing environment, it is increasingly difficult to achieve high response rates for legitimate surveys. Many people hang up before the interviewer can complete the first sentence of the introduction. A number of individuals object to being called at home for any reason, and will ask for the name and telephone number of a person with your organization, that we may give out to respondcuts who wish to verify the legitimacy of the call, or to eomptain should this situation arise. Average inter,,iew duration will be tested and must be no greater than 12 minutes. Lengthier protocols, without use of an incentive, cause people to drop out mid-way through the protocol with increasing frequency, and thus reduce the overall response rate. Our extensive experience with arts and cultural participation surveys suggests that people with an interest in the survey subject matter are more iikety to complete the interview. We will work to reduce bias resulting from respondent self-selection, but ultimately cannot guarantee that some amount of bias will not be present in the data. We will xvork closely with City staff, the Project Manager and the Commission to desigm the protocol. The foilowing list of potential survey topics is intended only to stimulate discussion: · level of interest in arts, culture and heritage, and frequency of attendance/participation AMS Planning & Research Pag.e 4 November 18, 1999 City of Dublin l%,[arket Research Proposal · involvement levels for local arts, culture and heritage proHams · impressions of related programs and services locally (e.g., recreation, social, other leisure pursuits) · venue/iocation preferences for arts and culture programs · barriers and inducements to participation · preference levels for types of arts programs · age ofrespondent and spouse and family members living at home (if applicable), household income, educational attainment, occupational status of respondeat and spouse (if applicable), gender, marital status, racial/ethnic group · decision timeframe for arts/cultural participation and typical family composition when participating · media consumption Following data coIlection we will immediateiy furnish you with a topline report (simple tabulations typed into the survey form). We wilt then analyze the results and prepare a presentation-style research report, and schedule up to m,o presentations (Commission/City Council) in Dublin. Complete technical documentation will be submitted as a written report. Consulting Team AMS Planning & Research with ,offices in Petalurea California, Fairfield Connecticut, and St. Louis, Missouri, is the only national arts management consulting finn. AMS was established to assist organizations and governments in the formation of strategic and long-range plans, arts market research and to direct the planning and development of cultural facilities. ' AMS has been involved in more than one hundred market research studies since its founding in 1988, in.eluding projects in the California cities of Pleasanton, Santa Rosa, Pasadena, Milpitas and San Jos& Several comparable projects are detailed in materials that are appended. The three primary benefits that AMS provide for this project are as follo~vs: 1. Unt~aralleled knowledge of the markets for arts and culture. Among the many documents and publications authored by AMS are "Conducting Arts Participation Surveys," published by the National Endowment for the Arts. Extensive experience with communit-v facilitation and planning,. AlMS has conducted over thirty community cultural planning projects throughout the US, including the California cities of Santa Monica, Richmond, San Ramon, Dana Point, Healdsburg and Ternecula. AMS Planning & Research Page 5 November 18, 1999 City of Dublin Market Research Proposal in-det3th knowledge of the Bav Area. AMS has conducted scores of facility planning, research and consultancies for Bay Area arts organizations, government agencies and foundations. Detailed materials describing A~MS's experience are attached to this proposal; the foilowing personnel will be directly involved in the project: Robert Bailey, Project Director Robert Bailey has been involved in cultural resource planning, management and research since 1972. In over twenty years as an arts consultant, he has brought professional management and coordination to the development of over 200 projects. Prior to joining A_MS, he operated his own arts management consulting firm in Canada and California. Mr. Bailey has a wealth of experience in the area of planning cultural facilities. He is the author of the widely acclaimed ENCORE.' Adafltive Reuse of Public Buildings for the Arts which detailed historic preservation and renovation projects throughout Canada. Mr. Bailey was also a contributor to the recentty-published Conversion Frontiers: MilitaD~ Bases and Other O$~?ortunities for Artists. He is a frequent speaker on arts facility planning at conferences sponsored by the American Association of Museums and Americans for the Arts. Some recent planning projects he has directed include cultural planning and needs assessment projects for the Museum of Histo~ and industry in Seattle, feasibility. work and strategic planning for the Charles M. Schulz Museum in Santa Rosa, and planning work for the Ambassador Auditorium in Pasadena. Mr. Bailey is a graduate of the MBA Program in Arts Administration at York University in Toronto. Upon graduation, he worked in executive management positions at the National Ballet of Canada and the Art Gallery of Ontario. He was Assistant Director of the York University Arts Administration program from t 974 to 1976. He continues his academic involvement at Sonores State University where he lectures in arts planning and management. He is President of the Friends of Sonoma State University Performing Arts, a past President of the Cultural Arts Council of Sonoma County, and serves on the Boards of the Redwood Empire Arts Council and the Vallejo Music Theatre. Bailey also served as President of the California Confederation of the Arts, a statewide arts advocacy organization. Roberta Waterstone~ Project Consultant Roberrs Waterstone brings to AMS extensive experience in working with museum audiences. Prior to joining AMS in 1999, Roberrs ran the programs department at the Children's Museum of Manhattan. There, she trained and mentoted a staff of 30, created programs for an audience of over 200,000 visitors per year and worked with marketing pa,'tners to create several performance series. She has also worked on many other arts education, marketing and development projects in the New York 'City arts community, including the Eldridge Street Synagogue restoration project, the Guggenheim Museum, the Brooklyn Children' s Museum and the Museum of the City of New York. AMS Planning & Research Page 6 November 18, 1999 ~ Ciry of Dublin Market Research Proposal / Roberta also has experience as a cixrator, having worked for four years as a curatorial associate at the Galefie St. Etienne in New York City. Ms. Waterstone holds an M.A. in arts administration from Columbia University. and a B.A. in art history and painting from Barnard College. In addition to being an accomplished arts administrator, Roberta is also a watercolorist who studied at the Art Students League in New York. During her tenure at AMS, she has worked on feasibility studies for the Museum of History and Industry in Seattle, Washington and for the Fulton County Department of Cultural Affairs in Atlanta, Georgia. Alan Brown, Managing Director Alan Brown is a management consultant, researcher, and arts administrator. Since joining AMS Planning & Research in 1990, Alan has directed a range of diverse projects in the areas of arts facility development, strategic planning, and research. As Managing Director of .tGvIS, he is responsible for marketing, business development, administration and finance. With Steven Wolff, he rounded Audience insight LLC, the research affiliate of AMS, and served as its Director for several years. In this capaciry, he developed the family of market research applications k. nown collectively as AFtsVisiolz, and continues to develop new information resources for the arts industry. Alan's consulting assignments have ranged from planning new arts facilities to grant program evaluation and strategic marketing studies. He was primarily responsible for two recent publications of the National Endowment for the Arts: A Practical Guide to Arts Participation Research (1995), and Sumran0, Report: J2 Local Surveys of Public Participation in the Arts (1993). Prior to joining AMS, he served for five years as Executive Director of the Ann Arbor Summer Festival. Alan holds three degees from the University of Michigan: a Master of Business Administration; a Master of Music in Arts Administration; and a Bachelor of Musical Arts in vocal perforrnance. References Pleasanton Cultural Plan AMS led a community cultural planning project for the Cit, including market analsis, focused group discussions and strategic advice. Contact: Andy Jorgensen, Civic Arts Manager City of Pleasanton (925) 484-8292 Market Research, California Academy of Music, University of California, Davis AMS conducted a random' public survey researching the needs and interests with respect to the potential development of regional orchestra. Contact: Maureen Davidson, Assistant Dean, College of Letters and Sciences (530) 752-6728 Market Analysis, Green Center for the Musical Arts, Sonoma State University Market analysis for proposed music theater. Contact: Jeff Langley, Dean, School of Fine Ax3 (707) 664-2247 AMS Planning & Research Page 7 November 18, 1999 CitT of Dublin Market Research Proposal Schedule AMS is prepared to begin work on this project on or after January 1, 2000 as required in the RFP. The chart below illustrates a proposed timetable for the study process. This proposed schedule is dependent on a timely approval of agendas, letters, reports and other materials, a minimum of difficulty in scheduling meetings and the availability of background material. AMS is proposing a schedule of approximately five months from authorization to begin to the presentation of a final report. Month Task January Background research, develop protocols, review wifi~ Commission and Council FebmaD, Focused Discussion Groups March Public Sur~,ey April Tabulation and Analysis of Results May Final Report Presentations Confidentialit:5' AIl source data and deiiverables are considered confidential and proprietary to the ciient. You may share results with any other party at your discretion. The offer contained in this proposal is valid for sixty days from November 19, 1999. AIMS Planning & Research Corp. AMS Planning & Research Co o rate Profile Connecticut 203.256. t616 Missouri 3 ] 4.727.2880 California 707.778.8445 ht~p://ams-online.com AMS Planning & Research Corp. is a distinguished management consulting practice devoted exclusively to cultural development The fn-rn's core business is to help guide the planning and development of arts facilities, and to assist in the formulation of strategic and long-range plans for arts programs and projects. Through its research affiliate, Audience Insight LLC, .~MS conducts market research on arts participation patterns across the U.S. and Canada, and has emei-ged as the leading prorider of market intelligence to the indus~,. AMS maintains corporate offices in Connecticut (Fairfield), California (Petaluma), and Missouri (St. Louis), and employs a full-time professional staff of rivelye. Additionally, the fn-m maintains informal des to a range of professional specialists such as architects, acousticians, theatre consultants, MIS specialists and systems alesiC'nets, box office consultants, and marketing and communications strategists who are brought together in various configurations depending on the demands of each planning assignment. Since its rounding in 1988, AMS has gained national recognition for its counsel on z range of important planning projects in all areas of the counwy. Specifically, the fn'm conducts feasibility studies for ms programs and facilities, leads strategic planning efforts including' merger and collaboration studies, represents owners of new facilities during planning, design and conch-notion, creates community cultural plans, advises on marketing s~ategies, evaluates grant programs, and authors research reports and V~rnite Papers on industry trends. Tne firm's clients range from large philanthropic foundations to ad hoc citizen's committees in small cities and towns. Numerous government agencies have relied on AMS for critical recormmendafions on the development of over $1 billion in new consn-ucfion, renovation, and restoration of capital facilities. The fn-m's professional staff maintains valuable connections with senior administrators across the specmam of arts agencies, museums and attractions, and performing am groups including opera companies, orchestras, theatre troupes, and Broadway producers. One of the guiding principles behind the AMS practice is objectivity. Although the fn-m frequently collaborates with other professionals on complex planning assignments, AMS is not formally associated with theatre or acoustical consultants or architectural firms whose findings might be colored by a potential f'mancial interest in the construction phase or subsequent operation of a new facility. AMS's familiarity with a range of exhibition and performing arts facility t)?es, governance models, and arts infrasmacmres in urban, suburban, and rural markets adds context to each project. As the professional advisor to the Performing Arts Centers Consortinto, an informal group of CEOs of the 30 largest North American performing arts centers, AMS has a broad perspective on the issues and challenges confronting cultural development in American cities. Consulting Services Faeility Development · Feasibility Studies for Performing Arts Facilities, Museums, Attractions, and Mixed-Use Cultural Developments · Adaptive Re-use Studies for Historic Properties · Market Demand Analysis and AudienceNisitor Potential · Management and Governance Structure Planning and Design · Site Evaluation and Space Programming · Capital Cost Estimates and Funding Strategies · Operating Financial Projections · Project Developn~ent/Administration, Owner's Counsel, Architectural Selection Planning and Organizational Development · 'Community Cultural Planning & Needs Assessment · Strategic Planning and Visioning · Arts District Planning · Merger, Consolidation and Collaboration Studies · Executive Recruitment · Program Evaluation M:arketing and Market Research · Comprehensive Audience Development Research Programs · Marketing Interventions and Strategy Counsel · Collaborative Marketing and Shared Box Office Studies · Surveys (Telephone, intercept, Mail, In-Audience) · Focus Groups and Depth Interviews · Customer Data File Analysis using Appended Data Biographies of Professional Staff Steven A. Wolff, Principal (Connecticut Office) Steven Wolff is the Foundlag Principal of AMS. A graduate of the Yale School of Drama with a Master's degree in theater administration, Steven has been involved in more than 150 consulting assignments since 1979. Projects range from a Iong4erm study of theater audience for The Lila WaIlace-Reader's Digest Fund to the development of more than $750 million in 'cultural and civic center projects throughout the U.S. and Canada. Actively involved in consumer and industD, research, he leads a number of on-going national research projects involving new applications of information technology for the arts and entertainment indus~,. Prior to forming AMS, Steven was a manager in the New York Office of London-based Theatre Projects Consultants. A Certified Management Consultant (CMC), Steven has been a guest lecturer on man), occasions and has written extensively on issues pertaining to management consulting and project development. Listed in l['ho's Who in America, tie received his bachelor's degree in economics from the State UniversiD· of New York. Robert H. Bailey, Principal (California Office) Robert Bailey has twenty years of consulting experience specializing in arts planning, management, adaptive re-use and research projects. Bob received an MBA in arts administration from York University in Toronto, and subsequently ser~,ed as assistant director of the program. Fom~erb, president of Bailey Consalting Associates, his clients have included n~useums, theaters, arts councils, heritage preservation organizations, and government agencies. Bob has served as President of Sonoma State University Friends of the Performing Arts Center, President of the Board of Directors of the California Confederation of the Arts and was a member of the Steering Committee of the California Economic hapact of the Arts Study. His recent projects include market research studies in San Jose; California and feasibility studies for performing arts centers in Phoenix, Arizona, Bellevue, Washington and for the Universit), of California at Davis. As author of Encore: Recycling Public Buildings for the Arts, Bob has tremendous insight into the opportunities provided by older and historic buildings. Victoria Hardy, Associate Principal (At Large) Victoria Hardy is an Associate Principal of AMS, and Professor of Facility Management at Fen-is State University, Michigan's only applied polytechnic university. Her fifteen year career as a professional arts manager included six >'ears at Director of Events and Services at Stanford University, as well as appointments in the Meadowlands (N J) and in Detroit. Vicky also served on the Board of Directors of the League of Historic American Theaters for eight years, including two years as President. She has extensive experience in arts programming and marketing, facility renovation, restoration, and operations and management. Her writings have been featured in National Park Service Publications, Dance USA, and Principal magazine (for elementary educators). A Certified Facitit-y Manager, she serves on tile Board of Directors of the international Facilities Management Association, a 14,000 member professional organization of executives and managers in all industries. A graduate of the Management Development Program at Stanford University, Vicky holds a BS from the University of Missouri. She was included in the first edition of Who's Who in Entertainment and is listed in V, rno's Who in American Women. Biogratvhies - Coni 'd John X. Fernandez, Jr., Associate Principal (At Large) John Fernandez brings to AMS his extensive experience as an arts administrator, producer, and theater technician. John served as Director of Operations for Carnegie Hall in New York City before founding Hawley Morton Productions in 1995 and beginning his association with AMS in 1997. In addition to technical production and planning, his Carnegie Hall duties included ·facilities management, policies for theater use, rate schedules and television production. Prior to joining Carnegie Flail, John was Assistant Technical Director for the Metropolitan Opera. Among his recent consulting clients are Washington DC's Kennedy Center, the New Jersey Perfonning Arts Center, Philadelphia's new Regional Performing Arts Center and others. Alan S. Brown, Managing Director (Connecticut Alan Brown is a n~anagement consultant, researcher, and arts administrator. Since joining AMS Planning & Research in .1990, Alan has directed a range of diverse projects in the areas of arts facility development, strategic planning, and research. As Managing Director of AMS, he is responsible for marketing, business development, administration and finance. With Steven Wolff, he fouuded Audience Insight LLC, the research affiliate of AMS, and ser~,ed as its Director for several ),ears. In this capacity, he developed the family of market research applications known coIIectively as Artsiqsion, and continues to develc. p new information resources for the arts indust~T. Atan's consulting assigmnents have ranged from planning new arts facilities to grant program evaluation and strategic marketing studies. He was primarily responsible for two recent publications of the National Endowment for the Arts: A Practical Guide to ,,Iris Participation Research (1995), and SumranD' Report: 12 Local Sutn,©,s of public Participation in the Arts (I 993). Prior to joining AMS, tie served for five years as Executive Director of file Ann Arbor Summer Festival. Alan holds three degrees from fl~e University of Michigan: a Master of Business Administration; a Master of Music in Arts Administration; and a Bachelor of Musical Arts in vocal performance. Arthur Greenberg, Director (Missouri Office) Arthur Greenberg is the director of A'MS's Missouri office, involved in the preparation of market and feasibility studies and strategic cultural planning projects. He joined AMS in 1989, having served as n~arketing director for the City of Oakland's Cultural Arts Division where he instituted multicultural audience development programs. Also in Oakland, Arthur directed the marketing and facilities components of the City's Strategic Plan for Cultural Development, a national model for local arts agetie), planning efforts. Arthur has served as a curatorial consultant to Levi Strauss & Co. where lie helped develop the corporate collection of contemporary American art, and has done communit), organizing work for the United Way of the Bay Area. Arthur holds a BA in English Literature from Washington University in St. Louis and is the recipient of a National Endowment for the Humanities g:ant. He has published several catalogue essays on contemporary American artists and has lectured at UC Berkeley and the California College of Arts and Crafts. Arthur's work at AMS has included management of theater and museun~ feasibility studies in the U.S. aud Canada and cultural planning projects in Alaska, Louisiana, Nevada and California. Biographies CO H t d Andrew J. Fish, Manager (Connecticut Office) Andrew Fish serves as Research Director of AMS. Drew is a Ph.D. candidate in sociology at the University of New York at Stony Brook where he received extensive training in research design, data collection. sampling techniques and statistical analysis. Before joining AMS in 1997, Drew worked as a researcher on a number of projects, including an analysis of innovation in the American and Japanese auto industries, a study of high school students' expectations for college and an investigation of the developmental and mental health related implications of work experience in youth. At AMS, Drew acts a research manager for the assessment of two theater programs for the Lila Wallace - Reader's Digest Fund. Jointly, these programs invest of $25 million to diversify and expand the audience ofz~2 non-profit theaters. Drew's project ~vork at AMS has also included strategic planning work for the International Societ3, of Performing Arts. Drew holds a Master's degree in sociology from the Universit3' of Minnesota and a BA in sociology with a concentration in political science. Marl H. A. Guarino, Manager (Connecticut Office) Marl Guarino joined AMS in 1999, after one-and-a-half years with Yankelovich Partners' Analytic Services Group, where her responsibilities included custom research analysis for a wide variety of clients. Currently, Marl is a Ph.D. candidate in Lifespan Developmental Psychology at Fordham University. While at Fordham, her research interests included the development of imagination and creativity. Prior to joining the world of research, Marl worked for several years as a graphic designer, with arts organizations being her favorite clients. Marl holds a B.A. in Fine Arts from Fairfield University. Her arts interests include music (playing the violin, singing in a gospel choir), visual arts (painting, photography) and dance (West African and Afro-Caribbean). Alison A. Adler, Consultant (Connecticut Office) Alison Adler joined AMS after spending two years conducting market research at the Manhattan-based theatrical advertising agency, Nappi/EliranfMurphy, Ltd. Her research and planning projects at Nappi/Eliran./Murphy included: a marketing audit and strategic plan for The New York Philharmonic and Yale Repertory Theatre; a strategic plan for The Lincoln Center Festival; and a series of focus groups and quantitative studies for New York City Opera. In conjunction with AMS, Alison also assisted in the marketing analysis for the Lila Wallace- Reader's Digest Fund's regional theater graut program. Before her stint at NappiFEiiran/Murphy, Alison xvorked in ~uancial product development at the brokerage house, Kidtier Peabody and Brown Brothers Harriman & Company. Allson holds an M.B.A. in Marketing Management from Pace University and a Bachelor's degree in English Literature from Bryn Mawr College. Biographies COt t Mark A. Gilbert, Consultant (Connecticut Office) Mark Gilbert joined AMS in I998 after graduating from Columbia University with a Master's Degree in Arts Administration. Gilbert brings to AMS broad experience as both an administrator and an artist. Before earning his graduate degree, Mark was administrative director of israeI's only professional children's choir and a manager of summer music and arts institutes in Tel Aviv, Israel and California. A musician since his youth, Mark has studied clarinet with tile principals of the Boston, San Francisco and Israel symphonies, and has taught music and led various ensembles since the early 1980s. He holds a bachelor's degree in music from the University of CaIifornia, Santa Cruz. Prior to his work in the arts, Mark directed a number of non-profit organizations, managed donor portfolios at a Jerusalem, Israel foundation, and worked as a writer and editor, most recently at the Jerusalem bureau of the Associated Press. At AMS, Mark is involved in a variety of cultural and strategic planning projects as well as market research. His interests include organizational planning, marketing, arts education and the use of information technology in the management of arts organizations. Lynette A. Turner, Consultant (Connecticut Office) Prior to joining AMS in 1997, Lynette Turner enjoyed a 13-year affiliation with Alaska's Perseverance Theatre (recognized nationally for their innovative cross-cultural work). Her last seven years were spent as its Producing Director. ~q~ite at the theater, Lynette worked administratively to secure funding, assisted in the coordination of a successful summer tourist show and organized file annual playreading festival. Lynette works on a wide variety of projects at AMS, including the on-going evaluation of the Lita Wallace-Reader's Digest Fund theater program and various other cultural planning projects. Artistically, she is a director, writer and choreographer. Lynette spent several years teaching dance in Alaska's statewide Artists in the Schools Program, sharing t~er knowledge of West African dance and instruments. Lynette holds a BFA in Tt~eater from the University of Utah and was also the 1997 recipient of the Alaska Governor's Award for Statewide Arts Advocacy Achievement. Roberta F. Waterstone, Consultant (California Office) Roberta Waterstone brings to AMS extensive experience in working with family audiences. Prior to joining AMS in 1999, RobeHa ran the programs department at the Children's Museum of Manhattan. There, she trained and menlored a staff of 30, created programs for an audience of over 200,000 visitors per year and worked with marketing partners to create several performance series. She has also worked on many other arts education, marketing and development projects in the New York City arts community, including the Eidridge Street Synagogue restoration project, the Guggenheim Museum, the Brooklyn Ct~ildren's Museum and the Museum of the City of New York. Roberta also has experience as a curator, having worked for four years as a curatorial associate at the Galerio St. Etienne in New York City. RobeHa holds an M.A. in arts administration from Columbia University and a B.A. in art history and painting from Barnard College. In addition to being an accomplished arts administrator, Roberta is also a watercolorist who studied at the Art Students League in New York.. CO H, S H17/l e F t-z ~ Connecticut 2()3.25(,. ! ~, 16 Missouri 314.727.2,q,q0 California 707.778.8445 AMS is a leader in applying innovative techniques in the research and analysis of consumers and markets for the arts and entertainment industry. The company's proprietaD, .4rtsFision'~'market segmentation system combines the resources of national lifestyle and consumer behavior databases with actual arts and entertainment purchase patterns. in association with Hebert Research, Inc. of Bellerue, WA, AMS provides consulting se,wices in the area of primaD' research planning, design, execution, and analysis for municipal governments, academic institutions, and arts and entertainment organizations. httD:/,;ams-oniine.com AMS has the tools to assess tile current arts environment, identify target markets, and develop extensive demographic, psychographic, and lifestyle audience and community profiles. OUr experience affords us a genuine understanding of the unique issues facing communities, cultural organizations and public agencies. realize tile budgetaD,, staffh~g and strategic implications of conducting research with audiences, membership, and specific market areas. We also know tile importance of market research in audience development, marketing, and strategic planning. For most organizations, research is valuable only to tile extent that results can be clearly understood and actively applied to the planning process. Therefore, it is essential that the research process involve participation at all levels of management. Our goal is to assist clients in designing and conducting market research programs that will directly address relevant problems and opportunities, and will contribute to the clienrs long-term success. CONSULTING SERVICES Research Planning Assessment of Current Marketing Efforts, Problem Definition, Scheduling, Research Strate~, Design/ Methodology Execution Anatysis and Reporting Population Definition, Methodology Selection (Data Sources, Research Approaches, Research h~struments, Sampling Plan, Contact Methods), Design of Survey instruments, Pre-Testing Administration and Monitoring of Research Programs (Telephone and Intercept Surveys, Direct Mail Surveys, Audience Questionnaires, Focus Groups, etc.) Statistical Analysis and Hypothesis Testing, Interpretation of Results, Presentations and Reports, Formulation of Action Plans P[cltl t, lil, l g- Connecticut 2O3.256.1616 Missouri 314.727.2880 California 707.778.8445 http://ams-oniine.com AMS provides consulting services in the development of community and strategic cultural plans for small and large cities. The creation of a s~ategic cultural plan requires a long-term commitment and participation by all facets of the communib,. The Plan must address the needs and desires of residents, visitors, audiences, local arts organizations and artists, and civic and business leaders. Development of the Plan is only the beginning -- strategies for implementation must be considered at all points throughout the planning process. A.MS's goal in assisting communities in developing cultural plans and strategies is to achieve a balance bebx,een a community's needs, visions, and available resources. AMS principals and consultants have a comprehensive understanding of the unique issues facing municipal governments, community-based arts and cultural organizations, social and education groups, special constituencies and individual artists. We understand the budgetara,, staffing and community organizing implications of developing goals, objectives, and strategies for cultural development. We are also aware of the critical roles played by the community at large, the city government, business leaders, the media, and historical and educational institutions. CONSULTING SERVICES Planning Structure Formulation Community Profile Development Planning Implementation Steering Committee, Key Leaders, Stakeholders, Task Forces Trade Area Analysis, Social and Economic Impact, Cultural and Historical Assets, Facility Needs, Focus Group and individual interviews, Mail and Telephone Surveys, Special Populations identification of Key issues, A_nalysis of Community Strengths and Weaknesses, Strategic issues, Establishment of Goals and Objectives Organizational Structure, Resource identification, Funding Strategies, Action Plans, Media Involvement Representative Projects Performbt~ Arts Facilities Performing Arts Center of Greater Miami Miami, Florida Concert Hall at Mizner Park Boca Raton, Florida ' Rochester Performing Arts Center Rochester, New York California Center for the Arts Escondido, California Aronoff Center for the Arts Cinzinnati,.Oh!-o Orange County Performing Arts Center Costa Mesa, Caiifornia Center for Arts, Science, and Education Charleston, West Virginia River Center Columbus, Georgia Fairfield Community Theatre Fairiield, California La JoIla Playhouse La Jolla, California Coal Harbour Arts Facility Vancouver, British Columbia Kaka'ako Waterfront Park Honolulu, Hawaii Community Cultural Center Coquittam, British Columbia Orange County Courthouse Orlando, Florida Dorothy Sprecke!s Rohnert Community Theatre - Robheft Park, California Cultural Arts Center Kent, Washington Performing Arts Center Skokie, lliinois Performing Arts Center Kansas City, Missouri Lake Placid Performing Arts Center Elizabethtown, New York Waterbury Civic Ceuter Waterbury, Connecticut Cynthia Woods Mitchell Pavilion The Woodlands, Texas Alice Arts Center Oakland, California Liberty State Park Amtfifitheater Liberty State Park, New Jersey Palmet Auditorium Austin, Texas Historic Theatres attd Prol~erties Glen Echo Park Foundation Washington, D.C. Academy of Music Meadeville, Pennsylvania Paramount Theatre Anderson, Indiana Paramount Theatre Bristol, Tennessee-Virginia State Theatre Kalamazoo, Michigan Capitol Theatre Carlisle, Pennsylvania Balboa Theatre San Diego, California Napa Valley Opera House Napa, California Fox Theatre Redlands, California Sonora Opera Hall Sonora, California Del Oro Theatre Grass Valley, California Centro Espafiol de Tampa Tampa/Ybor City, Florida Nevada Theatre/Miner's Foundry Nevada City, California Strand Theater Gitroy, California Representative Projects- Cont 'd Museunzs and Exhibition Facilities Cheney Cowles Museum Spokane, Washington Mexican Museum San Francisco, California · Canadian Museum of Rail Travel Cranbrook, British Columbia Museum of Art / Tallahassee Taltahassee, Florida Grand Rapids Art Museum Grand Rapids, Michigan Museum of Aviation History San Marco, California Orange County Historical Society Orlando, Florida WiD'te Museum of the Canadian Rockies Banif, Alberta Studio for Technology & The Arts San Francisco, California The Living Planet Aquarium Salt Lake Ci~', Utah Ancimrage Aviation Museurn Anchorage, Alaska College and University Arts FactTitles University of Arizona Tucson, Arizona University of California-Davis Davis, California University of Florida Gainesville, Florida University of California-San Diego San Diego, California University of North Carolina Chapel Hill, North Carolina State University of New York-Purchase Purchase, New York Michigan State University East Lansing, Michigan Western Michigan University Kalamazoo, Michigan james Madison University Harrisonburg, Virginia Program DesiFn & Evaluation Lila Wallace-Reader's Digest Fund Theater Program New York, New York National Endowment for the Arts Local Arts Agencies Program Washington, DC John S. & James L. Knight Foundation Miami, Florida Public Corporation for the Arts Long Beach, California Arch itectu ral Selections Ohio Center for the Arts Cincinnati, Ohio Tallatmssee Museum Taltahassee, Florida California Center for the Arts Escondido, California Centre East Performing Arts Center Skokie, IIIinois Metro Dade Performing Arts Center Miami, Florida Lease Negotiation Assistance Center City Development Corporation San Diego, California Stratford Festival Theater & Waterfront \;illage Stratford, Connecticut Executive Search Wharton Center for the Perf. Arts East Lansing, Michigan Grand Rapids Art Museum Grand Rapids, Michigan Detroit Symphony Orchestra Hall Detroit, Michigan Van Wezel Performing Arts Hall Sarasota, Florida Cincinnati Arts Association Cincinnati, Ohio Pittsburgh Cultural Trust Pittsburgh, Pennsylvania Mahaffey Theatre Foundation St. Petersburg, FL Representative Projects- Cont 'd llIarket attd Coasttruer Research North CaroIina Blumenthal Performing Arts Center Charlotte, North Carolina Lincoln Center New York, New York Brooklyn Children's Museum Brooklyn, New York New ,jersey Performing Arts Center Newark, New Jersey Regioual Center for the Arts Modesto, California Cincinnati Arts Association Cincinnati, Ohio Intrepid Sea, Air, Space Museum New York, New York New York Philharmonic New York, New York National Endowment for the Arts (12 LocaI Sur~'eys of Arts Participation) Washington, DC Smithsonian institution - National Museum of Natural History Washington, DC Association of Performing Arts Presenters - Presenting Field Research ~ Washington, DC League of American Theaters and Producers New York, New York Annenberg Center Philadelphia, Pennsylvania Alan Wasset Associates New York, New York Caiifornia Institute of Technology Pasadena, California 'Camden County Cultural & Herit'age Commission Camden, New jersey Caiifornia Center for the Arts Eseondido, Caiifornia Goodspeed Opera House East Haddam, Connecticut Sacramento Sym phony Association Sacramento, California Tallahassee Performing Arts Center Tallahassee, Florida ArtsVision® Patron Research Clients Playhouse Square Foundation Cleveland, Ohio J.F. Kennedy Center for Performing Arts Washington, DC Goodspeed Opera House East Haddam, Connecticut Peace Center for the Performing Arts Greenviite, South Carolina · Art Institute of Chicago Chicago, Illinois University Musical Society Ann Arbor, Michigan E.J. Thomas Hail, University of Akron Akron, Ohio Orange County Performing Arts Center Costa Mesa, California X;an WezeI Performing Arts Hall Sarasofa, Florida Arts Indiana Indianapoiis, indiana Sacramento Symphony Sacramento, California Los Angeles Music Center* Los Angeles, California Si~orenstein Hays Nederlander* San Francisco, CaIifornia Ordway Music Theatre* St. Paul, Minnesota Shubert Theatre* Chicago, Illinois Pittsburgh Cultural Trust* Pittsburgh, PennsIyvania Shea's Buffalo* Buffalo, New York Rochester Philharmonic Orchestra* Rochester, New York Circle in the Square* New York, New York *National Stud), of the Broadwry, Subscriber RepresentatiVe Projects Collt OrganiZational PtanninZ atzd DevelolTment Calgary Centre for the Arts Calgary, Aibe~a Heinz Endowments Pittsburgh, Pennsylvania International Society for Performing Arts (ISPA) Grand Rapids, Michigan Cincinnati Arts Association Cincinnati, Ohio Coiumbus Association for Performing Arts Columbus, Ohio North Carolina BIumenthal Performing Arts Center Charlotte, North Caroiina La JoIla Playhouse La Jolla, California University of Florida/Santa Fe Community CoIlege GainesviIle, Florida University Musical Society Ann Arbor, Michigan Wharton Center for the Performing Arts East Lansing, Michigan Broward Center for the Performing Arts Ft. Lauderdale, Florida Van Wezel Performing Arts Hall Sarasofa, Florida New Jersey Performing Arts Center Newark, New Jersey Fiynn Theatre for the Performing A'rts Burlington, Vermont Caiifornia State University-Monterey Bay Seaside, California University of California-Davis Presents Davis, California Portland Opera Association Portland, Oregon St. Louis Symphony Orchestra Washington, DC Paper MilI Playhouse Millburn, New Jersey Cultural Plannin~ Coxnmunity Cultural Master Plan Anchorage, Alaska Lafayette/Acadiana Cultural Plan Lafayette, Louisiana Cultural Arts P, laster PIan Santa Monica, California Lake Tahoe Region Cultural/Heritage Tourism Plan States of California and Nevada Community Cultural Plan . Ventura, California Cultural Plan Dana Point, California Community Cultural Plan Las Vegas, Nevada Cultural Plan Richmond, California Grand Traverse Re,,ional Cultural Plan Traverse Cit3', MI Cultural Plan for Emmet & Charlevoix Counties Petoskey, Michigan December 16, 1999 913 I) .~;trcct Pctalun'm, CA t~ 19.:2 4(,~30 .'.07.77'~.~445 1:;~ http://,lm'.-t mlinc.txm~ Ms. Bonnie Leonard, Recreation Supervisor City of Dublin 100 Civic Plaza PC Box 2340 Dublin, CA 94568 RE: Proposal for Research and Analysis of Heritage and Cultural Programming Fee Proposal, REVISED AMS is prepared to undertake the scope of work outlined in our proposal, including all expenses for the public survey sample selection, field research and dam analysis; within a total budget of $35,500 plus direct expenses for travel, accommodations, long distance tclcphone, FAX, courier, etc. Please note that Aids is amenable to modifying the proposed scope of work within available budget considerations based on further discussions. The budget for the project is allocated approximaR:ly as follows: CONNECTICUT Task 1: Project Initiation, Protocol Development ..............................$2,500 Task 2: Focused Group Discussions (5) ............................................$8,000 Task 3: Public Survey, profcssional fee .............................................$7,500 Public telephone survey expenses (N=400)* .................................$17,500 *includes field work, tabulations; data analysis Total Fees Expenses. .......................................................................$35,500 Estimated Expenses: Travel, phone, courier, etc .....................................................~ ..........$1,500 We will invoice you monthly based on task completion. Invoices are payable within 30 days. Documentation will be provided for all reimbursab!~ expenses. Accounts delinquent over 60 days may be subject to accrued interest at.' the 'mtc Of 1.5% per month. : ' Respectfully submitted, Robert Bailey Principal I~ISSOURI ALIFORNIA EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONSULTANT an amount not to exceed the total sum of $37,000 (Thirty Seven Thousand Dollars and no cents) for services to be performed pursuant to this agreement. CONSULTANT shall submit invoices, not more often than once per month, based upon the work completed on each task identified in EXHIBIT A "Scope of Work". B. The corresponding not to exceed fee for tasks numbered 1, 2, and 3 shall be as follows: Task 1 - Project Initiation, Protocol Development Task 2 - Focused Group Discussions (5) Task 3 - Public Survey, professional fee $ 2,500 $ 8,000 $ 7,5oo Public telephone survey expenses (N=400)* *includes field work, tabulations, data analysis $17,500 Reimbursable Costs $ 1,500 TOTAL FIXED FEE $37,000 City shall retain 10% of all billings for each task, until the City has determined that the scope of services pursuant to this Agreement have been satisfactorily performed. The total sum stated in Section A above, shall be the total which the 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 unless such extra service and the price therefor is agreed to in a written Change Order executed by the City Manager, or other desig-nated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial Contract price stated in Section A. In the event the Change Order exceeds this limitation, City Council approval shall be required. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CiTY shall compensate the CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms of this A~m~eement until receipt of a fully executed copy of this Agreement. Exhibit B Page 1 of l E)kTarlBIT C '/' '/ ' 3 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 CITY. The location, quantity, and time of fiarnishing said physical facilities shall be in the sole discretion of CITY. In no event shall CITY be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of I. EXHIBIT D GENEP, AL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Ageement, CONSULT.~NT shall be an independent CONTRACTOR and shall not be an employee of CITY. CITY shall have the rig~nt to con~ol CONSULTANT only insofar as the results of CONSULTANT'S services rendered pursuant to this Ageement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. CONSULTANT represents and warrants to CiTY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice his profession. CONSULTANT represents and warrants to CITY that CONSULT.~.NT shall, at his sole cost and expense, keep in effect at all times during the term of this Ageement any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3. TI/~{E. CONSULT.ANT shall devote such time to the performance of services pursuant to this Ageement as may be reasonably necessary for satisfactory performance of CONSULT.~'NvI"S obligations pursuant to this Ageement. 4. INSURA~NCE REQUIREMENTS. CONSU'LT.giT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULT.ANT, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in the CONSULTANT'S bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) coveting comprehensive General Liability and Insurance SenTices Office form number GL 0404 coveting Broad Form Comprehensive General Liability; or insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) coveting Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. CONSULT.ANT shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injm-y and property damage. If commercial General Liability insurance or other form with a general agg-regate limit is used, either the general aggregate limit shall apply separately to this project/location or the general agg'regate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily inju,2y' and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability iimits of $1,000,000 per accident. Exhibit D Page I (c) ]j)eductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or. eliminate such /~eductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the ~NSU'LTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULT.~_Nr'i', or automobiles owned, leased, hired or borrowed by the CONSULTA_NT. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S. insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONSULT.&NT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. /" 2. Workers' Compensation and Employers Liability Coverage. The insurer shall aFee to waive all fights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the CITY. 3. Professional Liability. CONSULTANT shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONSULTANT against liability caused by negligent acts, errors or omissions on the part oft he CONSULTANT in the course of performance of the services specified in this AFeement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior ~tten notice by certified mail, return receipt requested, has been given to the CITY. (e) Acceptability of Insurers. insurance is to be placed with insurers with a Bests' rating of no less than A:VtI. (f) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be sig-ned by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subconsultants. CONSULTANT shall include all subconsultants as insureds under its policies or shall '~mn separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be ~oj ect to all of the requirements stated herein. Exh ib it D Page 2 of 4 (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a dete~'Tnination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. 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. CONSULT.~LNT shall have no authority, express or implied, pursuant to this AFeement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assig-n any right or obligation pursuant to this AFeement. Any attempted or purported assigTrrnent of any fight or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. CONSULTANT shall assig-n only competent personnel to perform services pursuant to this AFeement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, CONSULTANT shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STAND_A~d) OF PERFORMANCE. CONSULT.&NT 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 CONSULTA2N'T is engaged in the geographical area in which CONSULTANT practices his profession. All instruments of service of whatsoever nature which CONSULTAdNT delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and wor'tcrnanlike manner and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. 9. HOLD H.LR.MLESS AND RESPONSIBILITY OF CONSULT.42qTS. CONSULTANT shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the CITY, to CITY officers and employees, or to parties desig'nated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONSULT.~,TT or any subconsultant. CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed '~o exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONSULT.,LNT acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONSULT.AdNT or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONSULTANT shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. Exhibit D Page 3 of 4 11. DOC~."MENTS. All reports, data, maps, models, charts, studies, su~,eys, photo~aphs, memoranda or other written documents or materials prepared by CONSULT.~C'~T pursuant to this A~eement shall become the .-'.=~perty of CITY upon completion of the work to be performed hereunder or upon termination of the 7eement. Exhibit D Page 4 of 4 M..4~NAGEMZENT SERVICES AGREEMENT The City of Dublin, California, ("CITY") and Lynne Baer ("CONrTRACTOR") aFee as follows: EXPERTISE OF CONTRACTOR. CONTRACTOR has special experience, education, training and expertise in the field of cultural arts. CITY has an urgent need for a person with such experience, education, training and experzise to carry out important work. SCOPE OF SERVICES. Under direction of City Manager or his CO1NvI'RACTOR shall do the following: a. Manage and monitor the heritage and cultural arts assessment process. authorized desi~ee, I) Assist with assessment design 2) Oversee the mechanics of conducting the assessment 3) identify focus ~oup participants 4) Monitor focus- ~oups 5) Work with consultants to develop results and reports in a timely manner Assist in creating a long-range plan for Heritage and Cultural Arts Programming Assist in identifying potential funding mechanisms as part of long-range plan. Provide consultation for current Art in the Park projects and Civic Center exhibitions. COMPENSATION. a. CONrFRACTOR's fee for all ser-,,ices shall be $1 ;250 per month not to exceed a total amount of $7,500. Fees shall be due and payable within thirty days of receipt of monthly invoices. b. CITY shall reimburse CONvI'RACTOR any direct expenses incurred in performance of this agreement, including but not limited to long-distance phone charges, copying, shipping and express delivery charges and any extraordinary transportation or travel expenses (i.e. other than between CONB'~RACTOR's place of business and Dublin.) Any such extraordinary automobile transportation shall be billed at the flat rate of 30 cents per mile and shall be approved in advance by CITY. c. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is a~eed to in a written Change Order executed by the City Manager, or other desig-nated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial fee stated in Section 3a. In the event the Change Order exceeds this ]imitation, City Council approval shall be required. TERM. The term of this a~eement shall cormmence on Janum'-y 1, 2000 and terminate June 30, 2000, unless extended by mutual agreement of both pm'-ties. TERMINATION. Either party may terminate this a~eement, without cause, upon providing not less than one calendar week's notice to the other party. tn the event of cancellation, CITY shall promptly pay CONwfRACTOR for work completed but not yet paid. INDEPENrDENT CONTRACTOR. In fulfilling this Ageement CONTRACTOR is acting as an independent contractor, not as an employee or agent of the CITY. CONTRACTOR shall pay all required Federal and State income taxes and Social Security (Self-Employment) taxes which may be due on the fees paid pursuant to this agreement. APPLICABLE LAW. CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. This Agreement shall be construed in accordance with the laws of the State of California and shall be interpreted as though prepared by both parties. ~. PERSON TO PERFORM SERVICES. All services hereunder will be performed by Lynne Baer. No work hereunder shall be performed by any other person(s), nor shall this AFeement be assigned by CONTRACTOR, unless prior written consent is granted by CITY. REPRESENTATIVES OF PARTIES, NOTICES. Richard C. Ambrose, City Manager of CITY, and Lynne Baer, CONTRACTOR, are authorized to represent and act on behalf of the parties in all matters pertaining to this AFeement. All notices shall be personally delivered or mailed, first class mail, to the addresses listed below: Address of CITY: I00 Civic Plaza, Dublin, California 94568 Address of CONTRACTOR:' 1020 Union Street #2, San Francisco, California 94133 ENTIRE AGREEMENT, MODIFICATION. This AFeement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only upon subsequent w~tten agreement by both parties. For CONTRACTOR For CITY Lynne Baer City of Dublin, California Richard C. Ambrose, City Manager By: Date: By: Date: 2 CITY OF DUBLIN BUDGET CHANGE FOR,r~I CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: __ X From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity From New Revenues Bem, een Departments (City Council Approval Required) Other Name: Name: Cultural Activities- Contract Services $19,500 Account #: Account #: 001-801 ] 0-740-000 Name: Name: Account #: Account #: Name: Name: Account #: Account ~" Name: Name: Account ,-:.': Account #: Name: Name: Account #: Account #: Name: Name: Account #: REASON FOR BUDGET CHANGE ENTRY: Account #: In order to complete an assessment of heritage and cultural arts proFamming, a budget adjustment is needed in order to fund the contract costs associated with consultants. City Manager: Date: Si~nature Mayor: Date: Sig'nature Posted By: Date: Signature ATTACHMENT 3