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HomeMy WebLinkAbout2002-01-23 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM JANUARY 23, 2002 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. EUGENE R. MULLIN Chairman PEDRO GONZALEZ Vice Chair RAYMOND L. GREEN Boardmember BEVERLY BONALANZA FORD Investment Officer MICHAEL A. WILSON Executive Director JOSEPH A. FERNEKES Boardmember KARYL MATSUMOTO Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PI. EASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAIl.ABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVEI_OPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of the January 9, 2002 regular meeting 2. Motion to confirm expense claims of January 23, 2002 PUBLIC HEARING 3. Consideration of Precise Plan Modification (PP-00-040/Mod 1) to allow a four story, 115 room hotel in place of an approved five-story, 145 room hotel, at 550 Gateway Boulevard; Owner: Sri Krishna Enterprises; Applicant: Holiday Inn Express Request to continue item to February 13, 2002. CLOSED SESSION 4. Pursuant to Government Code Section 54956.8, real property negotiations related to 344 Grand Avenue, 151 South Spruce Avenue and 26 South Linden Avenue; Negotiating Party: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING JANUARY 23, 2002 AGENDA PAGE 2 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE JANUARY 23, 2002 7:20 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of Califomia, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of January, 2002, at 7:20 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Interview applicant for the Cultural Arts Commission 5. Discussion and appointment to Cultural Arts Commission 6. Adjournment Redevelopment Agency Staff Report DATE: January23,2002 TO: Redevelopment Agency Members FROM: Director of Economic and Community Development SUBJECT: Holiday Inn Express - Precise Plan to replace an approved five-story, 145-room hotel with a four-story, 115-room hotel on a two-acre site located at 550 Gateway Boulevard, in the Gateway Specific Plan Zone District. Address: Applicant: Case Nos.: 550 Gateway Boulevard Vijay Patel; SRI Krishna Enterprises, owner PP-00-040/Mod 1 & ND-97-086 (Certified 1/98) RECOMMENDATION: It is recommended that the Redevelopment Agency continue the matter to February 13, 2002. DISCUSSION: The applicant has requested this item be continued to allow time to resolve several outstanding issues. Consequently, it is recommended that the Redevelopment Agency continue the matter to Febmary 13, 2002. ctor of Economic and'C--ognmunity Development Approved: City Manager AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM JANUARY 23, 2002 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item 4/you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor Pro Tern EUGENE R. MULLIN Mayor JOSEPH A. FERNEKES Councilman RAYMOND L. GREEN Councilman KARYL MATSUMOTO Councilwoman BEVERLY BONALANZA FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Introduction of new and promoted employees Edgewood Kinship Support Services - Mr. Ron Alexander California Campaign for Libraries - Library Director Valerie Sommer AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL Community Forum Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of the January 9, 2002 special and regular meetings 2. Motion to confirm expense claims of January 23, 2002 Motion to accept the painting at Siebecker Center, Magnolia Center, and the MSB/ Recreation Division project as complete in accordance with plans, specifications and contract documents Motion to accept the Shaw Road Pump Station Force Main Repair Project as complete in accordance with plans and specifications o Resolution authorizing the execution of an agreement with Jane DeDecker for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden in the amount of $30,000 PUBLIC HEARING Consideration of Appeal of Planning Commission denial of Use Permit (UP-01-064) to allow for the co-location of a second wireless telecommunications facility within 300' of a residential zoning district (R-1-E Single Family) on the 0.44 acre parcel at the terminus of Avalon Drive (Westborough); Owner: California Water Service; Applicant: Metro PCS/Richard C. Riley Applicant has reqt~ested the item be contintted of)':calendar. Notification has been sent to those listed o~ the project mailing list. REGULAR CITY COUNCIL MEETING AGENDA JANUARY 23, 2002 PAGE 2 ADMINISTRATIVE BUSINESS Motion to approve the "Public Comments" time limitation and modify the City Council Handbook CLOSED SESSION Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Jennifer Bower related to PERS benefits for AFSCME Local 1569, Operating Engineers Local 39, Teamsters Local 856, Police Association/Non-Sworn, Mid-Management and Executive Management ADJOURNMENT REGULAR CITY COUNCIL MEETING JANUARY 23, 2002 AGENDA PAGE 3 DATE: January23,2002 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: Painting of Siebecker Center, Magnolia Center and MSB/Recreation Department Engineering File PB-00-11, Project No. 51-13232-0108 & 51-13232-0109 & 51- 13232-0105, Bid No. 2299 RECOMMENDATION: It is recommended that the City Council, by motion, accept the painting of Siebecker Center, Magnolia Center and the MSB/Recreation Department Project as complete in accordance with the plans, specifications, and contract documents. BA CKGROUND/DISCUSSION: This project has provided new exterior painting for the Siebecker Center and the Magnolia Center. It has also provided the interior painting for the Recreation Department office at MSB and the large multi-purpose room inside the Magnolia Center. The contract was awarded to Able Painting & Construction Company. The work was completed on December 31, 2001. The project has been inspected by City staff and is completed in accordance with the plans and specifications. The project has a one-year warranty period that takes effect upon acceptance by the City Council. Acceptance of the project will provide authorization for staff to file a Notice of Completion and to release the payment performance bond and ten percent retention at the end of the thirty-day lien period. Staff Report roi Re: Date: The Honorable Mayor and City Council Painting of Siebecker Center, Magnolia Center and MSB/Recreation Department January 23, 2002 Page: 2 of 2 FUNDING: This project is funded by the Capital Improvement Program (CIP) funds with a budget of $55,200. The construction bid was $44,100 with a contingency administration amount of $6,600 for a total project budget of $50,700. John Gibbs Director of Public Works Approved by: Michael A. Wilson City Manager MC/JG/ed { Staff Report DATE: January23,2002 TO: The Honorable Mayor and City Council FROM: Director of Public Works SUBJECT: Repair Shaw Road Pump Station Force Main Project No. 71-13235-0050 (SS-00-2), Bid No. 2274 RECOMMENDATION: It is recommended that the City Council, by motion, accept the Repair Shaw Road Pump Station Force Main project as complete in accordance with the plans and specifications. BACKGROUND: This project replaced approximately 450 feet of existing 33" techite force main with a new 30" ductile iron pipe force main. The force main goes from the pump station to the treatment plant and is 3,200 feet long. In 1980-81, approximately 2,750 feet of the 33" techite force main was replaced with high density polyethlene (HDPE) pipe when the pipe under the freeway ruptured. This project replaced the last portion of the techite pipe. The project has been inspected by City staff and is complete in accordance with the plans and specifications. Acceptance of the project will provide authorization for staff to file a Notice of Completion and to release the payment performance bond and ten percent retention at the end of the thirty day lien period. FUNDING: The construction was completed at a cost of $206,159.76 with a total project budget of $263,965.76. Funds have been set aside in the 2001-02 Capital Improvement Program (CIP) to cover the costs for construction and construction management by the City. Once the final contractor's invoice is paid by the City, a request will be made to the City of San Bruno for reimbursement of half of the following total costs: Staff Report To: Re: Date: The Honorable Mayor and City Council Repair Shaw Road Pump Station Force Main January 23, 2002 Page: 2 of 2 Design and City Administration Construction Construction Management Construction Inspection $ 33,221.00 $ 206,159.76 $ 7,539.00 $ 17,046.00 $ 263,965.76 John Gibbs Director ~bf Public Works Approved: ~/~l~~ Michael A. Wilson City Manager ATTACHMENT: Map FK/JG/ed REPLACEMENT PUMP STATI( PROJECT 71-13 BID LOCATION MAP DRAY G- 1 T~TLE C-1 PLAN STA 1 C-2 C0NN~ PIPE INSTALLATION AND PAVEMENT REPLACEMENT t1--01 --~ .......... o~ J l .... !..~; COI'OI.I.O I PROFILE ~ f CIT~ OF SOUTH SAN FRANCISCO REPLACEMENT OF SHAW ROAD FORCE MAIN PLAN AND PROFILE STA 10+91 TO STA 15+37.92 Staff Report DATE: TO: FROM: SUBJECT: January 23, 2002 Honorable Mayor and City Council Director of Parks, Recreation and Maintenance Services Resolution Approving Purchase of Central Sculpture for Orange Memorial Park Sculpture Garden RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the execution of an agreement with Jane DeDecker in the amount of $30,000 for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden. BACKGROUND/DISCUSSION As the City Council is aware, the Cultural Arts Commission initiated the creation of a sculpture garden in Orange Memorial Park. Landscape Architects Callander and Associates were retained to design the garden and prepare construction documents. The schedule for the project is for the bid opening on March 5, 2002, award of the construction contract in April, with construction to be completed by August 1, 2002. The garden creates exhibit space for at least twelve (12) sculptures. The intent of the Commission is to purchase a significant, central piece from their accumulated "art acquisition" funds. The Commission is considering options for acquiring additional pieces over time, as well as the possibility of a "loan" program for some temporary installations. Parallel with the garden design process, the Commission initiated a national competition, which resulted in fifty-two artists (52) submitting seventy-one (71) sculptures for consideration. A sub- committee of the Commission narrowed the entries, and invited three artists to present proposals at the Commission meeting on November 15, 2001. They voted to recommend the bronze piece "Safe Haven" by Jane DeDecker to the City Council. StaffReport To: Honorable Mayor and City Council Subject: Purchase of Central Sculpture for Orange Memorial Park Sculpture Garden Date: January 23, 2002 Page 2 The three final sculptures were displayed at the City Council meeting of December 12, 2001, with staff receiving direction to proceed with preparing a contract with Ms. DeDecker for acquisition and installation of her piece. It should be noted that construction of the foundation, pedestal, lighting, and landscape for the piece will be part of the construction contract, with the costs included in the project. The artist's obligation includes fabrication of the sculpture, transportation costs to the site, and installation of the piece on the pedestal. The artist has also offered to supply at her cost some flat sandstone pieces to enhance the hardscape around the footing. FUNDING In-lieu park fees are funding the construction of the garden. The $30,000 contract with Ms. DeDecker will be funded by the art acquisition funds administered by the Commission through the operating budget. Director of Parks,~ec.reation and Maintenance Services Approved: Michael A. Wilson City Manager Attachments: 1. Resolution 2. Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JANE DeDECKER IN THE AMOUNT OF $30,000 FOR THE PRODUCTION AND INSTALLATION OF A BRONZE SCULPTURE ENTITLED "SAFE HAVEN" IN THE ORANGE MEMORIAL PARK SCULPTURE GARDEN WHEREAS, staffrecommends the City enter into an agreement with Jane DeDecker in the amount of $30,000 for the production and installation of a bronze sculpture entitled "Safe Haven." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the execution of an agreement with JaneDeDecker in the amount of $30,000 for the production and installation of a bronze sculpture entitled "Safe Haven" in the Orange Memorial Park Sculpture Garden. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf oft.he City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: F:\file cabinet\Current Reso's\1-23sculpture.res.doc ATTEST: City Clerk CONTRACTUAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE NATIONAL SCULPTORS' GUILD AND JANE DeDECKER THIS AGREEMENT for personal artistic services is made by and between the City of South San Francisco ("City") and the National Sculptors' Guild and Jane DeDecker ("Artist") as of ., 2002. WHEREAS, the City of South San Francisco solicited proposals for a Work of public art (hereinafter called "Work" or "Safe Haven Sculpture") to be located in the City's Orange Memorial Park, as more particularly described in Exhibit C, (hereinafter called "Site"); and, WHEREAS, the Artist submitted a proposal for the Work pursuant to the City's request for proposals; and WHEREAS, the Artist was selected by the City to fabricate and install the Work at the Site; and WHEREAS, the City and the Artist desire to set forth the terms upon which the Artist will produce and install the Work for the City; NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, ARTIST shall provide to City the Work described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and any exhibits, the Agreement shall prevail. 1.1 Term of Services. ARTIST shall complete the Work it has agreed to perform under this Agreement by the completion date stated in Exhibit A. The time provided to ARTIST to complete the Work required by this Agreement shall not affect the City's right to terminate the Agreement prior to the date referenced above. 1.2 Termination. City may cancel this Agreement at any time and without cause upon written notification to ARTIST. ARTIST may cancel this Agreement upon five (5) days written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:Wile CabinetLMy SSF Documents\Cultural Arts~2002 CAC~SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 1 of 18 1.3 1.4 1.5 1.6 1.7 In the event of termination, ARTIST will receive compensation only for actual expenses incurred for creating the "Safe Haven" sculpture. However, in addition to the terms in subsection 2.5, City may condition payment of such compensation upon ARTIST delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to ARTIST or prepared by or for ARTIST or the City in connection with this Agreement. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. ARTIST understands and agrees that if City grants such an extension, City shall have no obligation to provide ARTIST with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City Manager, City shall have no obligation to reimburse ARTIST for any otherwise reimbursable expenses incurred during the extension period. Standard of Performance. ARTIST shall perform all Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which ARTIST is engaged in the geographical area in which ARTIST practices its profession. ARTIST shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in ARTIST's profession. Assignment of Personnel. ARTIST understands that this is an agreement for personal services and shall not assign any duties under this Agreement without the express, written consent of the City. In the event ARTIST, due to death or debilitating injury, is unable to perform the Work provided in this Agreement, City shall have the right to terminate this Agreement. Time. ARTIST shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy ARTIST's obligations hereunder. Delay. If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay caused by the City or its officers, employees or agents. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:kFile CabinetLMy SSF Documents\Cultural Artsk2002 CACkSafeHaven__Artist_Agreement 2.doe January 23, 2002 Page 2 of 18 1.7.1 Necessary Delay. Neither the City nor the Artist shall be penalized under the terms of this Contract for delays caused that are beyond each party's control that directly result in an inability of either the Artist or the City to perform their obligations under this Agreement. Delays beyond each party's control shall consist of: 1.7.1.1 Acts of God 1.7.1.2 Death of the Artist 1.7.1.3 Change in federal or state laws affecting the contract 1.7.1.4 Declaration of a State of Emergency by the Governor/President respectively. Section 2. COMPENSATION. City hereby agrees to pay ARTIST a sum not to exceed $30,000 notwithstanding any contrary indications that may be contained in ARTIST's proposal, for Work to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and ARTIST's proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay ARTIST for services rendered in creating and constructing the Safe Haven Sculpture at the time and in the manner set forth herein. The payments specified herein shall be the only payments from City to ARTIST for Work rendered pursuant to this Agreement. ARTIST shall not be entitled to reimbursement for expenses incurred in performing the Work under this Agreement. ARTIST and City acknowledge and agree that compensation paid by City to ARTIST under this Agreement is based upon ARTIST's estimated cost of creating the unique sculpture, "Safe Haven" as recommended by the Cultural Arts Commission of the City. The parties agree that the compensation provided hereunder is intended to include the costs of contributions to any pensions and/or annuities to which ARTIST and its employees, agents, and other Artists who may work on the project, may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this agreement. 2.1 Deposit. City shall pay a deposit of 50% of the total contract amount, ($15,000) to ARTIST upon execution of this Agreement. 2.2 Second Installment. City shall pay ARTIST an amount not to exceed 40% of the total contract amount, ($12,000) upon the completion of the sculpture at the foundry. 2.3 Final Payment. The third and final payment equal to 10% of the total contract amount ($3,000) shall be due upon final acceptance, as defined in Exhibit A to this Agreement, of the Safe Haven Sculpture in Orange Memorial Park. ARTIST shall submit a final invoice for payment and City shall pay said invoice within 30 days of receipt of same. 2.4 Payment of Taxes. ARTIST is solely responsible for the payment of ALL taxes incurred under this Agreement. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetLMy SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 3 of 18 2.5 Payment upon Termination. In the event that ARTIST terminates this Agreement, ARTIST shall not be entitled to any compensation for costs incurred or work performed pursuant to this Agreement. If City terminates the Agreement, without cause, City shall compensate the ARTIST for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. ARTIST shall maintain adequate logs and timesheets in order to verify costs incurred to that date. If ARTIST fails to maintain proper documentation for costs and expenses incurred in performing the Work authorized in this Agreement, ARTIST shall not be entitled to payment or reimbursement for said costs. 2.6 Authorization to Perform Work. The ARTIST is not authorized to perform any additional Work whatsoever under the terms of this Agreement until an Amendment to this Agreement has been executed by the City Manager and ARTIST. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, ARTIST shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to create the Safe Haven Sculpture. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. ARTIST, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the ARTIST and its agents, representatives and employees. ARTIST shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the ARTIST's bid. 4.1 Workers' Compensation. ARTIST shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by ARTIST. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, ARTIST may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Risk Manager. The insurer, if insurance is provided, or the ARTIST, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be susPended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:XFile Cabinet~vly SSF Documents\Cultural ArtsX2002 CAC\SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 4 of 18 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. ARTIST, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraee. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.2.1 The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to design, fabrication, transportation and installation, in an amount acceptable and approved by the City's Risk Manager. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of ARTIST, including the insured's general supervision of ARTIST; products and completed operations of ARTIST; premises owned, occupied, or used by ARTIST; and automobiles owned, leased, or used by the ARTIST. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture FSFile CabinetLMy SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 5 of 18 4.4 bo The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Any failure of ARTIST to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. eo An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, remm receipt requested, has been given to the City. All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Certificates of Insurance that indicate the required coverage shall be submitted as Exhibit B and made part of this Agreement prior to execution of this Agreement. In no event shall the ARTIST or its agents, employees or officers begin work under this Agreement unless said evidence of insurance coverage has been received and approved as to form by the Risk Manager. 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. 4.4.3 Variation. The Risk Manager may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.4 Deductibles and Self-Insured Retentions. ARTIST shall disclose to and obtain the approval of Risk Manager for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the Risk Manager, ARTIST may increase such deductibles or self-insured retentions with respect to City, its officers, Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:kFile CabinetWIy SSF Documents\Cultural Artsk2002 CACKSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 6 of 18 employees, agents, and volunteers. The Risk Manager may condition approval of an increase in deductible or self-insured retention levels with a requirement that ARTIST procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.5 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, ARTIST shall provide written notice to City at ARTIST's earliest possible opportunity and in no case later than five days after ARTIST is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if ARTIST fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for ARTIST's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order ARTIST to stop work under this Agreement and/or withhold any payment that becomes due to ARTIST hereunder, until ARTIST demonstrates compliance with the requirements hereof. · Terminate this Agreement. Section 5. INDEMNIFICATION AND ARTIST'S RESPONSIBILITIES. ARTIST shall indemnify, defend (with Counsel selected by City), and hold harmless City and its officials, officers, employees, agents, and volunteers from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of ARTIST or its employees, or agents, or by the quality or character of their work. 5.1 The foregoing obligation of ARTIST shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers. It is understood that the duty of ARTIST to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve ARTIST from liability under this indemnification and hold harmless clause. This indenmification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetWIy SSF Documents\Cultural ArtsX2002 CAC~SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 7 of 18 Section 6. ARTIST No Aeent. Except as City may specify in writing, ARTIST shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. ARTIST shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. ARTIST shall comply with all laws applicable to the performance of the work hereunder. 7.3 Affirmative Action in Employment. ARTIST shall comply with any Affirmative Action Program and Equal Employment requirements of the City or, if funding for the Work is provided by another government agency, the Affirmative Action and Equal Employment requirements of the agency. During the performance of this Agreement, ARTIST agrees that ARTIST shall not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, handicap, age, or national origin. ARTIST agrees to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, handicap, gender, sexual orientation, age, or national origin. ARTIST shall incorporate the Affirmative Action provisions of this Agreement in all sub- ARTISTs for Work covered by this Agreement. Upon request of City or other government agency providing funds for this Agreement, ARTIST shall provide reports and/or documents to City or funding agency demonstrating compliance with the terms hereof. 7.3 Other Governmental Reeulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, ARTIST shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. ARTIST represents and warrants to City that ARTIST and its employees and agents have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. ARTIST represents and warrants to City that ARTIST and its employees and agents shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, ARTIST shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Consulting Services Agreement between City of South San Francisco and Jane DeDeeker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetLMy SSF Documents\Cultural ArtsX2002 CAC\SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 8 of 18 Section 8. MODIFICATIONS. Section 9. 9.1 9.2 8.1 Amendments. The parties may amend this Agreement only by a writing signed by the City Manager and ARTIST. 8.2 Assignment and Subcontracting. City and ARTIST recognize and agree that this Agreement contemplates personal performance by ARTIST and is based upon a determination of ARTIST's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of ARTIST. ARTIST may not assign this Agreement or any interest therein without the prior written approval of the City Council. ARTIST shall not subcontract any portion of the performance contemplated and provided for herein, other than as noted in the proposal, without prior written approval of the Contract Administrator. 8.3 Death or Serious Iniur¥/lllness. In the event of the serious illness/injury or death of the Artist during the construction and/or the installation of the Work, her heirs, family and estate will in no way be responsible for the completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this contract. 8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and ARTIST shall survive the termination of this Agreement. KEEPING AND STATUS OF RECORDS. Records Created as Part of ARTIST's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that ARTIST prepares pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the ARTIST. ARTIST's Books and Records. ARTIST shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Work or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the ARTIST under this Agreement. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetLMy SSF Documents\Cultural Arts~2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 9 of 18 9.3 Inspections and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires ARTIST to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.5 Use of Recycled Products. ARTIST shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.6 Conflicts of Interests. ARTIST may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place ARTIST in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. 10.6.1 Government Code §1090 Disclosure: ARTIST hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee or official of the City; or, if it was an employee, agent, appointee or official of the City in the previous twelve months, that it did not participate in any manner in the forming of this Agreement. ARTIST Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:XFile CabinetWIy SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 10 of 18 understands that if this Agreement is made in violation of Government Code §1090 et. seq., that the entire Agreement is void and ARTIST will not be entitled to any compensation for Work performed pursuant to this Agreement, including reimbursement of expenses and ARTIST will be required to reimburse the City for any sums paid to the ARTIST. ARTIST understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.7 10.8 ARTIST Initials Solicitation. ARTIST agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Copyright. This Agreement is for the purchase of the Safe Haven sculpture only. The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq., as amended. The sculpture has been produced in an edition of twenty-one (21). The Artist reserves the right to produce the Work at any size. Each edition will be clearly marked as a limited edition. If the City should desire to place the Work in a location that is not shown on Exhibit B, the City shall first notify the Artist. If the Artist objects to the new location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in this Agreement and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. 10.8.1 ARTIST hereby retains ownership of the proposal, the drawing (s), models of the sculpture and all property rights related thereto. The ARTIST also retains the right to claim authorship of the Safe Haven sculpture and to reproduce the Safe Haven sculpture for promotional purposes so long as a reproduction of the sculpture is not used by any other public entity to create an identical or substantially similar sculpture for use by that entity. 10.8.2 All two-dimensional reproductions by the City shall contain a credit to the Artist substantially in the following form: "Jane DeDecker National Sculptors' Guild" Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetX/Vly SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 11 of 18 10.9 10.10 10.11 Section 11 11.1 11.1.1 11.1.2 11.1.3 11.2 11.2.1 Contract Administration. This Agreement shall be administered by Mike Wilson, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. Notices. Any written notice to ARTIST shall be sent to: Ms. Jane DeDecker C/o National Sculptors' Guild Attn: Nela Huntsinger or John Kinkade 2683 North Taft Avenue Loveland, CO 80538 Ph: 800/606-2015 Fax: 970/667-2018 Any written notice to City shall be sent to: City of South San Francisco, City Clerk 400 Grand Avenue, City Hall South San Francisco, CA 94083 Integration. This Agreement, including exhibits attached hereto and incorporated herein, represents the entire and integrated agreement between City and ARTIST and supersedes all prior negotiations, representations, or agreements, either written or oral. WARRANTIES Warranties Of Title. The warranties described in this shall survive for so long as the City or any successor of City owns the Work The Artist represents and warrants that: The Work is solely the result of the artistic and creative efforts of the Artist; Except as otherwise disclosed in writing to the City, the Work is original and does not infringe upon any Copyright; and, The Work is free and clear of all liens from any source whatsoever. Warranties Of Quality And Condition. The Artist represents and warrants that: The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of "inherent vice" or qualities which may cause or accelerate deterioration of the Work; and, Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:kFile CabineflMy SSF Documents\Cultural Artsk2002 CACKSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 12 of 18 11.2.2 11.2.3 11.2.4 ,Section 12 12.1 12.2 12.3 12.4 12.5 Reasonable maintenance of the Work will not require procedures in excess of those described in Exhibit A, item 15. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties within thirty (30) days of said observation. Within thirty (30) days of said notice, Artist shall, at the request of the City, and at no cost to the City, cure the breach of any such warranties, which is curable and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work). The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. Subsequent Events Maintenance. The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein in Exhibit A, instructions to City, and may take action reasonably designed to protect the Work against vandalism Repairs And Restoration. After final acceptance of the Work, the Artist may inspect the Work at her own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Alteration alterations, right to sell Of The Work. The City will not consent to intentional modifications, or change to the Work. The City shall retain the or donate the Work to a third party. Alteration Of The Site. The City shall notify the Artist of any proposed significant alterations of the Site within fifty (50) yards of the Work. The Artist may at his sole expense request copies of plans detailing proposed alterations to the Site. If such alterations cannot be undertaken to the reasonable satisfaction of the Artist, she may request the public notice referred to in this Agreement be removed and otherwise proceed in accordance with section 10.8. Waiver Of Riehts. The Artist understands and agrees that the provisions of this section shall control over the provisions of 17 U.S.C. - 106A (a) and other laws granting the Artist any "moral rights" or similar rights as to the Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:Wile CabinetXMy SSF Documents\Cultural Arts~2002 CAC\SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 13 of 18 Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 U.S.C.- 106A (a) or in such other laws. CITY OF SOUTH SAN FRANCISCO ARTIST Michael A. Wilson, City Manager Jane DeDecker, ARTIST Attest: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetXaMy SSF Documents\Cultural Arts~2002 CAC~SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 14 of 18 EXHIBIT A SCOPE OF SERVICES Ao General The Artist shall complete the installation and fabrication of the Work in conformity with the specifications set forth below: 1. The Artist has designed, and shall fabricate and install the Work as described herein. The specifications of the Work are as follows: Title: "Safe Haven" Dimensions: Life-size (67" H) Medium Bronze The permanent location for the Work at the Site shall be in the City's Orange Memorial Park at a location selected by the City as generally depicted on the map attached hereto as Exhibit C and incorporated herein by reference. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof. The Artist shall submit such reports regarding the progress of the Work as the City may request. The Artist shall complete the fabrication and installation of the Work on a date to be determined, in coordination with the construction of the site, but not later than August 1, 2002 (hereinafter called 'Installation Date"). The Artist or her representative shall be on site for the installation, and shall incur all travel and expenses with no compensation from the City. The City is unable to store the piece, and it shall not be delivered prior to the installation date. 5. The Artist shall notify the City in writing when fabrication of the Work is completed, and the Artist is ready to deliver the Work and install it at the Site. The Artist shall work with the City in the development of the plan for the site. The Artist shall provide specifications for the pedestal and mounting and documentation that a structural engineer has approved the design. The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site for the timely installation of the Work, with the exception of eight (8) pieces of sandstone, which the Artist shall provide and pay for delivery. The Artist shall deliver Consulting Services Agreement between City of South San Francisco and Jane DeDeeker and National Sculptors' Guild for Safe Haven Sculpture F:XFile CabinetXMy SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 1 of 18 and install the completed Work at the Site. The Artist shall pay for cost of delivery and installation. These costs may include crane and related equipment and labor charges. 10. 11. 12. 13. 14. 15. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site and provide traffic control so as to effectively secure the Site and protect the public during installation of the Work. The Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. The City shall provide and install an identification plaque which shall be made of bronze in the approximate size of 8.5" X 11", which shall include the tile of the sculpture, the year in which it was created and the artist's name, including the artist's City and State of residence. The Artist shall notify the City in writing when all Work required by the Artist under the Contract (including those described in Article I, Section D) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The City shall notify the Artist in writing of its final acceptance of the Work. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City's acknowledgement that the Work has been completed and installed according to the terms of this Contract. Title of ownership of the Work shall pass to the City upon final acceptance. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:XFile CabinetWly SSF Documents\Cultural ArtsX2002 CAC~SafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 2 of 18 EXHIBIT B INSURANCE CERTIFICATES Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:~File CabinetqVly SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 1 of 18 EXHIBIT C LOCATION OF SCULPTURE MAP OF ORANGE MEMORIAL PARK Consulting Services Agreement between City of South San Francisco and Jane DeDecker and National Sculptors' Guild for Safe Haven Sculpture F:XFile CabinetWly SSF Documents\Cultural ArtsX2002 CACXSafeHaven_Artist_Agreement 2.doc January 23, 2002 Page 2 of 18 Staff Report DATE: TO: January 23, 2002 Honorable Mayor and City Council FROM: SUBJECT: City Attorney Public Comments Time Period - Amendment to City Council Handbook RECOMMENDATION It is recommended that the City Council, by motion, approve an amendment to the City Council Handbook and the City Council and Redevelopment Agency agendas to modify the time limits for individual speakers during the public comments section of the Council meetings and during any public hearing. BACKGROUND/DISCUSSION At the December 12 City Council meeting, the Mayor requested that the time limit for individual speakers be increase from three to five minutes per speaker. The Mayor also requested that the presiding officer have the authority to shorten the time period to three minutes per speaker if there were a large number of speakers (for clarity I have defined this as more than six speakers) and the presiding officer deemed it necessary to reduce the time period for the efficient operation of the City Council meeting. Both the City Council Handbook and the City Council and Redevelopment Agency agendas contain language related to the time limit for individual speakers. The appropriate language could be modified as set forth below. The new language is shown by an underline. DATE: TO: FROM: SUBJECT: PAGE: January 23, 2003 Honorable Mayor and City Council Steven T. Mattas, City Attorney Public Comments Time Period - Amendment to City Council Handbook 2 1. City Council Handbook - Public Participation Section Amend the first paragraph to read as follows: Any person desiring to address the Council on any item on the regular meeting agenda may do so at the time designated for that item after first being recognized by the presiding officer. Any person desiring to address the Council on any item on the consent calendar or on any item not on the agenda may do so at the time designated on the agenda as "Public Comments" after first being recognized by the presiding officer. Individuals speaking under "Public Comments" or at a public heating generally are limited to five minutes. The presiding officer may elect to reduce the time period to three minutes if there are more than six speakers during Public Comments or at any public hearing and if such a reduction will assist in the efficient operation of the City Council meeting. In the event the presiding officer elects to reduce the time period for individual speakers, he or she shall announce the time period prior to first speaker. City Council/Redevelopment Agency Agenda Delete the second to last sentence of the paragraph titled "PUBLIC COMMENTS" and replace it with the following: "COMMENTS ARE GENERAlitY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes." Steven T. Mattas, City Attorney 405/staff report/2002/public comments