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HomeMy WebLinkAboutItem 4.04 ArtConsultant-BaerCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 5, 2000 SUBJECT: Agreement with Lynne Baer for Art Consultant Services Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1) Agreement 2) Budget Change Form RECOMMENDATION: 1) Approve Agreement and Authorize Mayor to Execute Same ~)~,/. ~ 2) Approve Budget Change Form FINANCIAL STATEMENT: The estimated cost to the City is $3,800. A budget transfer from Unappropriated Reserves is needed, as funds were not budgeted for this purpose. DESCRIPTION: As the City becomes more involved in the area of cultural arts, and in particular, art in public spaces, it has become apparent that the services of an art consultant on an as needed basis are necessary. Staff has negotiated an Agreement with art consultant Lyrme Baer (Attachment 1). As proposed, Ms..Baer would provide art consultant services relating to the planning, placement, or commissioning of art in public spaces. Additionally, Ms. Baer would be available to the City Council and Staff to provide information regarding the feasibility, process and/or cost of a proposed art project or program. A detailed scope of services is included in Exhibit A of the Agreement. The cost for services under the Agreement is $100.00 per hour. Ms. Baer was the former COnsulting Director of the Dublin Fine Arts Foundation and is currently under contract to the City for the Library Art Project and the Freeway Underpass Art Project. She also provided consulting services on the Heritage and Cultural Arts Assessment. Thus, she is very familiar with the cultural needs of the City of Dublin. Funds were not included in the Fiscal Year 2000-2001 Budget for the services of a professional art consultant therefore a budget change is needed. Staff has prepared the appropriate Budget Change Form (Attachment 2). It is the recommendation of Staff that the City Council approve the Agreement and authorize the Mayor to execute the Agreement. Further, it is recommended that the City Council approve the Budget Change Form. G:\Cultural Arts\cc 12-5-00 baer agrmnt gnrl.doc COPIES TO: ITEM NO. AGREEMENT BETWEEN CITY OF DUBLIN AND LYNNE BAER FOR ART CONSULTANT SERVICES THIS AGREEMENT is made at Dublin, California, as of , 2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Lynne Baer, ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant 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. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at 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 Consultant 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 customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant 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 Agreement, 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. CONTRACT ADMINISTRATION. This Agreement shall'be administered by Richard C. Ambrose ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. NOTICES. Any written notice to Consultant shall be sent to: Lynne Baer 1020 Union Street, #2 San Francisco, CA 94133 Any written notice to City shall be sent to: Richard C. Ambrose, City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Agreem en t Page 1 of 2 ATTACHMENT 1 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk ¸By "Consultant" Approved as to form: City Attorney Agreement Page 2 of 2 EXHIBIT A SCOPE OF SERVICES Provision of Art Consultant Services relating to the planning. placement, or commissioning of art in public spaces. Examples include: · Development projects where an 'art component is being discussed is brought before the Community Development Department and there is a need for professional input; · City Council or Staff requires information regarding but not limited to issues of public art policies or the feasibility, process, and/or cost of a particular project or program. This includes attendance at meetings with but not limited to the Community Development Department, Parks & Community Services Department, Heritage and lCultural Arts Commission and City Council, and research and written or verbal responses needed to answer general questions. Said services shall be performed at the direction of the City Manager or his or her designee on an as needed basis. Exhibit A Page 1 of 1 EXItlBIT B PAYMENT SCHEDULE C, CITY shall pay CONSULTANT an amount not to exceed $100.00 (one hundred dollars) per hour for consulting services to be performed pursuant to this Agreement. The hourly rate is inclusive of all staff support and no additional amounts shall be payable for faxing, postage, messengers and other material costs. CONSULTANT shall submit invoices, not more often than once per month, during the term of this Agreement. The total hourly rate stated in Section A above, shall be the total which the CITY shall pay for the hourly 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 writing executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered. 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 Agreement until receipt of a fully executed copy of this Agreement. Exhibit B Page 1 of 1 EXHIBIT C 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 furnishing 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 and vehicles. Exhibit C Page 1 of I EXHIBIT D 'GENERAL PROVISIONS 1. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. City shall have the fight to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the tight 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 she has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice her profession. Consultant represents and warrants to City that Consultant shall, at her sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice her profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant 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 Consultant, her 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 Services Office form number GL 0404 covering 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) covering 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. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury 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 limits of $1,000,000 per accident. (c) Deductibles 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 deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defenie expenses. Exhibit D Page 1 of 3 (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 insured 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 Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations to the scope of the protection afforded to the City, its officers, officials, employees and 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 Consultant'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. Worker's Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights 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 of ~he Consultant in the course of performance of the services specified in this Agreement. 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 written'notice by certified mail, retum 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:VII. (f) Verification of CoveraXe. Consultant shall furnish City with certificates of insm'ance and with original endorsements effecting coverage required by this clause. 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 certificates and endorsements are to be received and approved by the City before work commences. The City reserves the fight to require complete, certified copies of all required insurance policies, at any time. . (g) Subconsultants. Consultant shall include all Subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for Subconsultants shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination 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. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Exhibit D Page 2 of 3 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. 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 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. 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 his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to her, to any Subconsultant, to the City, to City officers and employees, or to parties designated 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 Consultant or of 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 to 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 Consultant acknowledges and agrees that she 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 Consultant 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. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D Page 3 of 3 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: X From Unappropriated Reserves From New Revenues :" ' DECREASE;Bt:il)GET:'tCCOUNT: '.i: ' Name: From Budgeted Contingent Reserve ( 1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other A MOt.~T: 7 '. :'i.~':" INi:!REAS~i'iiUDGFT AC~COUNT AMOIIN'r Name: Contract Services $3,800 Account #: Account #: 001.80110.740.000 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: City Manager: Date: Signature ASD/Fin Mgr Date: Signature REASON FOR BUDGET CHANGE ENTRY: To fund the cost of a professional art consultant relating to the planning, placement, or commissioning of art in public spaces. Mayor: Date: Signature Posted By: Date: Signature G:\Cultural ArtsNbaer agrmnt - budget change.doc ATTACHMENT 2