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HomeMy WebLinkAboutAGENDA REPORT 2019 0605 REG CCSA ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of June 5, 2019 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2019-3818. BY B.Garza E. Consider Agreement with Arts Orange County for Arts Master Plan Consulting Services, and Consider a Resolution Amending Fiscal Year 2018/2019 Budget. Staff Recommendation: 1) Approve Agreement with Arts Orange County for Arts Master Plan consulting services, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2019-_____ amending the FY 2018/2019 budget to fund Arts Master Plan consulting services. ROLL CALL VOTE (Staff: Jeremy Laurentowski) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Management Analyst DATE: 06/05/2019 Regular Meeting SUBJECT: Consider Agreement with Arts Orange County for Arts Master Plan Consulting Services, and Consider a Resolution Amending Fiscal Year 2018/2019 Budget BACKGROUND In 2005 the City Council adopted City Ordinance 321, which formally established the Art in Public Places program. This program requires certain residential, commercial and industrial development projects to either install public artwork or pay an in lieu fee. The in lieu fee is established by City Council resolution, and is currently set at one percent of the project valuation (excluding land value and off-site improvement costs). Ordinance 321 also established the Art in Public Places Fund (Fund 2007) to collect and maintain these in lieu fees for use exclusively for the Art in Public Places Program. On June 20, 2018 the Moorpark City Council approved the Operating and Capital Improvement Budget for Fiscal Year (FY) 2018/2019. The budget includes investments in long-term planning relative to a number of initiatives facing the City, including the development of an Arts Master Plan (Master Plan). The goal of the Master Plan is to establish a communitywide vision for the City’s public art program and to establish feasible priorities and programs that will serve to guide public and private efforts over the coming decade. A key aspect of the development of the Master Plan will be to evaluate the community’s attitudes and interests regarding art. It is anticipated that this will include input from the City Council, Arts Commission, staff and stakeholders throughout the community. To guide this process, and the preparation of the Arts Master Plan, staff desires to bring in a qualified consultant with arts master planning experience and an understanding of the best practices in the public art arena. Item: 10.E. 307 Honorable City Council 06/05/2019 Regular Meeting Page 2 On March 6, 2019 the City Council approved a Request for Proposals (RFP) for arts master plan consulting services, which was released on March 8, 2019, with a closing date of April 12, 2019. DISCUSSION Responsive proposals were received from two consulting groups: Arts Orange County (Arts OC) and The Cultural Planning Group (CPG). A review committee consisting of staff and the Arts Commission’s Arts Master Plan Ad Hoc Committee (Commissioners Blaugrund and Roullard), ranked the proposals based on the criteria noted in the RFP, which include: • Qualifications and experience • Thoroughness of response, approach to providing sound services, and ability to provide services to meet objectives • Strength of examples of previous projects (with emphasis on projects of similar scope and scale to Moorpark) • Cost The RFP did not provide a budget for the project, but instead asked proposers to provide a not-to-exceed price to meet the scope of work. The proposed costs were as follows: • Arts OC $39,000 • CPG $112,865 In reviewing the proposal details, the cost differential was attributed to CPG’s higher hourly rate, higher anticipated work hours, and travel costs for personnel flying in from out of the area. After careful consideration by the review committee, the proposal presented by Arts OC was ranked as the top proposal. Although both firms possess excellent qualifications and experience, Arts OC stood out in terms of project approach, strength of the submitted examples of prior work, and cost. Arts OC has a strong background in providing arts related programs and cultural planning services to public agencies in the Southern California area. Although based in Orange County, the project team proposed by Arts OC includes a well-regarded Ventura County based arts consultant / facilitator who will be a key project leader. The project team also includes an experienced diversity specialist to guide outreach efforts to the Hispanic community. The methodology proposed by Arts OC to develop the Master Plan includes numerous stakeholder interviews and community forums to assess the current status of the arts and culture community in Moorpark and collect input regarding public interest in and opinions about arts and culture programs and services in the City. A bilingual online survey will also be employed to collect community input. The proposed work schedule 308 Honorable City Council 06/05/2019 Regular Meeting Page 3 anticipates a project duration of approximately ten months, culminating with the completed Arts Master Plan. On May 10, 2019 staff interviewed the principal project coordinators for Arts OC to review details of the proposal and confirm the understanding of the project deliverables. On May 21, 2019 the Arts Commission reviewed the proposals and recommended Arts OC for City Council consideration. Staff concurs with the Arts Commission recommendation and feels that Arts OC possesses qualifications and experience needed to complete the work. FISCAL IMPACT The FY 2018/19 budget includes $30,000 for Arts Master Plan consulting services. Arts OC’s not-to-exceed cost is $39,000. With the addition of a standard 15% contingency, the total contract cost would be $44,850, requiring an additional $14,850 to fund the contract. A Budget Amendment in the amount of $14,850 from Fund 2007 is requested, as detailed in Attachment 2. STAFF RECOMMENDATION: ROLL CALL VOTE 1. Approve Agreement with Arts Orange County for Arts Master Plan consulting services, subject to final language approval of the City Manager. 2. Adopt Resolution No. 2019-_____ amending the FY 2018/2019 budget to fund Arts Master Plan consulting services. Attachments: 1. Agreement with Arts Orange County 2. Resolution No. 2019-_____ 309 Attachment 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND ARTS ORANGE COUNTY, FOR ARTS MASTER PLAN CONSULTING SERVICES THIS AGREEMENT, made and effective as of this _________ day of ________________________, 2019, between the City of Moorpark, a municipal corporation (“City”) and Arts Orange County, a domestic nonprofit (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for arts master plan consulting services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated April 12, 2019, which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to completion of the work identified in the Scope of Services and in conformance with Exhibit B and Exhibit C, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide arts master plan consulting services, as set forth in Exhibit B: Scope of Services/Request for Proposals and Exhibit C: Consultant Proposal. In the event there is a conflict between the provisions of Exhibit B, Exhibit C, and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit B. Consultant shall complete the tasks according to the schedule of performance, which is set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of thirty-nine thousand dollars ($39,000) as stated in Exhibit C, plus a contingency in the amount of five thousand eight hundred fifty dollars ($5,850), for a total contract value of forty-four thousand eight hundred fifty dollars ($44,850), without a written amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 310 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Richard Stein, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Consultant monthly, in accordance with the payment rates as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed thirty-nine thousand dollars ($39,000), plus a contingency in the amount of five thousand eight hundred fifty dollars ($5,850), for a total contract value of forty-four thousand eight hundred fifty dollars ($44,850), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. Arts Orange County Page 2 of 14 311 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of twenty- five dollars ($25) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms Arts Orange County Page 3 of 14 312 of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity Arts Orange County Page 4 of 14 313 obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Arts Orange County Page 5 of 14 314 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in Arts Orange County Page 6 of 14 315 the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Arts Orange County Richard Stein, President & CEO 17620 Fitch Avenue, Suite 255 Irvine, CA 92614 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant’s legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, Arts Orange County Page 7 of 14 316 enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ARBITRATION Cases involving a dispute between City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. Arts Orange County Page 8 of 14 317 29. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK ARTS ORANGE COUNTY __________________________________ __________________________________ Troy Brown, City Manager Richard Stein, President Attest: __________________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk Arts Orange County Page 9 of 14 318 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. Arts Orange County Page 10 of 14 319 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any Arts Orange County Page 11 of 14 320 premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant 90 days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance Arts Orange County Page 12 of 14 321 requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The Arts Orange County Page 13 of 14 322 City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. Arts Orange County Page 14 of 14 323 CITY OF MOORPARK REQUEST FOR PROPOSAL FOR ARTS MASTER PLAN RFP Submittals Due By: April 12, 2019 AT 4:00 P.M. (PT) Parks Recreation and Community Services Department 799 Moorpark Avenue Moorpark, California 93021 Attn: Chris Ball, Management Analyst 324 Page 2 of 24 OVERVIEW The City of Moorpark (City) is requesting proposals from qualified firms, consultants or consultant teams (Proposers) with arts master planning experience to evaluate the City’s existing public art policies and programs, assess the community’s attitudes and interests regarding art, and create the City’s first Arts Master Plan (Master Plan). The goal of the Master Plan is to establish a communitywide vision for the City’s public art program, update existing policies and identify resources and partnerships to achieve that vision, and set feasible priorities and programs that align with the vision and will serve to guide public and private efforts over the next ten years. The Master Plan, and ancillary deliverables, will also provide direction to City Council, the Arts Commission, and City staff on the planning and processes necessary to effectively administer and maintain the City’s public art program. BACKGROUND The City of Moorpark was incorporated in 1983, and is located at the intersection of SR 23 and SR 118 in southeastern Ventura County, approximately 50 miles northwest of downtown Los Angeles. The City has a population of approximately 37,000 residents and covers approximately 12.5 square miles. U.S. Census Bureau data suggests the City’s racial make-up is approximately 56% White, 32% Hispanic or Latino, and 7% Asian. The City is governed by a Council/City Manager form of government. Moorpark is recognized for having the lowest number of serious crimes committed in Ventura County and is one of the safest cities of its size in the United States. In recognition of the fact that public art improves the character of the community and enhances the quality of life for individuals living in, working in, and visiting the City, the City Council adopted City Ordinance 321 in 2005, which formally established the Art In Public Places program. This program requires certain residential, commercial and industrial development projects to either install public artwork or pay an in lieu fee. The in lieu fee is established by City Council resolution, and is currently set at one percent of the project valuation (excluding land value and off-site improvement costs). Ordinance 321 also established the Art In Public Places Fund to collect and maintain these in lieu fees for use exclusively for the Art In Public Places Program. Currently the Art In Public Places Fund has a balance of approximately 4.5 million dollars. In addition to establishing the Art In Public Places program, Ordinance 321 established a Public Art Advisory Committee to review proposed art installations and make recommendations to the City Council. In 2005 the City acquired the High Street Arts Center (HSAC), a 260-seat performing arts venue located at 45 High Street, in order to preserve a venue for live performances in the downtown area. The following year the 325 Page 3 of 24 Public Art Advisory Committee was dissolved and the Moorpark Arts Commission (Commission) was established, consisting of five members of the community appointed by City Council. The role of the Commission included not only making recommendations regarding proposed Art In Public Places projects, but also acting in an advisory capacity regarding all HSAC operational and programming matters. In 2009 the Moorpark Foundation for the Arts (Foundation) was established as an independent non-profit organization to support and promote HSAC activities, and in 2012 the Foundation assumed full responsibility for operating the facility. Since that time Foundation has expanded the profile and popularity of the venue. The ongoing mission of the Foundation is to provide support for and promote the arts, specifically the HSAC, in the City. After the Foundation assumed operations of the HSAC, the role of the Commission was refocused on reviewing Art In Public Places projects, with the additional role of considering matters related to the HSAC and other art activities only when requested by the City Council. This remains the role of the Commission today, which meets quarterly to review and recommend both City sponsored art projects, and private art installations required under the Art In Public Places program. Commission recommendations are forwarded to the City Council, who has approval authority for art installations in the City. Examples of art installations in private developments that went through this approval process include the stone sculpture in the Patriot Commerce Center on Miller Parkway and the bronze sculpture in Campus Plaza on Campus Park Drive. Activities of the Commission fall under the oversight of the City’s Parks, Recreation and Community Services Department (PRCS). The PRCS also plans and implements new Art In Public Places projects throughout the City. Since establishing the Art In Public Places Fund, the City has sponsored a modest collection of public art installations throughout the City including Veteran’s Memorial Park; an interactive Mammoth Bone Sculpture at Mammoth Highlands Park; the “We Are One Family” sculpture at the Ruben Castro Human Service Center; and the lithomosaic art at Arroyo Vista Community Park. Most recently the City commissioned a sculpture titled “Thin Blue Line” at the Police Services Center. The PRCS, in collaboration with the Arts Commission, continues to actively seek out opportunities to expand the City’s public art offerings to the community. Additionally, the PRCS organizes and presents a number of annual community events, including the Moorpark Multicultural Arts Festival (Arts Festival). The history of the Arts Festival pre-dates available records, however it is clear that the event was established well before the City’s incorporation in 1983. Over the years the event has experienced variable success and been organized by various organizations. In the early 2000’s local volunteer organizations coordinated the event. In 2007 the City assumed responsibility 326 Page 4 of 24 for coordinating and promoting the event. The Arts Festival included art exhibitions, craft fair, interactive art activities, food booths and live performances. The event was discontinued in 2016 for a variety of reasons including declining attendance and difficulties attracting artists to participate. In 2018, at the direction of the City Council, the event was re-envisioned and brought back as a multicultural event with an emphasis on presenting events and activities that showcased various cultural elements of the community. SCOPE OF WORK The selected Proposer shall complete execution of the items listed below, and as described throughout this RFP. This effort involves the creation of an Arts Master Plan, the process and product of which is to include, but not be limited to the following:  Perform an assessment of the City’s assets and opportunities for public art, including potential locations. This is to include reviewing and becoming familiar with existing policies, documents and local codes, as well as planned future developments.  Plan, develop, and lead efforts to evaluate the community’s attitudes and interests regarding art. Identify and engage key stakeholders in input sessions to influence the creation of the Master Plan. Develop surveys and other tools to gather data; tools and responses will be provided as an appendix to the final Master Plan document. It is anticipated that an inclusive, multi-lingual (English and Spanish) outreach campaign will be required in order to fully engage the community.  Facilitate and manage activities and communications with designated City staff including, but not limited to, meeting schedules, agendas and material preparation for planning purposes and progress updates.  Recommend formal policy guidelines and procedures for the Art In Public Places program based on industry best practices, that incorporate existing policies and any recommended policy updates and cover the following elements: o Criteria for the siting of public art projects; o Guidelines for inclusion of public art in public and private development projects; o A general process by which artists are commissioned and selected; o Policies for the management of commissioned art projects including, but not limited to, City/artist/stakeholder roles and responsibilities, contracting requirements, and any applicable regulatory requirements; 327 Page 5 of 24 o Standards for maintenance funding and managing public art inventory; o Policies for acceptance of donated/gifted artwork; o Policies and procedures for deaccession of artwork  Produce a written Arts Master Plan that is a detailed narrative and illustrative document that includes: o Vision and mission statements for the City’s public art program; o Summary of research, findings and community input results; o Discussion of existing programs, policies and resources; o Recommended changes to the City’s public art policies and processes, including proposed changes to the Art In Public Places ordinance; o Recommended programs and initiatives that align with the established vision for the City’s public art program; o Opportunities and strategies for partnering with key community stakeholders to further the vision for the public art program; o Analysis of current public art funding sources and recommended additional models and opportunities for arts funding; o Recommendations for documenting and archiving existing public art inventory, including private art installations installed under the Art In Public Places program; o Strategies for the preservation of accessible space in private and public developments for public art installations; o Identification of sites for future permanent and/or temporary public art projects; o Strategies for ongoing community engagement and outreach, taking into account the City’s limited resources; o Clear and feasible goals and implementation strategies that take into account the City’s available resources, and include short and long-term initiatives, estimated budget and costs, and implementation dates;  Provide print and electronic copies of the completed Master Plan, as well as electronic copies of all accompanying supplemental materials in a format to be determined by the City.  Present the completed Master Plan to the Arts Commission and the Moorpark City Council, including preparation of presentation materials (PowerPoint presentation, information boards, handouts, etc.). PROPOSAL CONTENT Proposals are to include the following elements: 328 Page 6 of 24  Introduction: Present general introductory comments, including a purpose statement describing your understanding of the proposed project and required services.  Work Plan and Project Schedule: Provide a detailed description of your approach to designing, managing and coordinating the project including: o Project Objectives: Describe your understanding of the project objectives and how these will be achieved. o Work Plan: Clearly identify and describe all tasks and subtasks you will undertake to accomplish the requirements set forth in the Scope of Work o Schedule: Prepare a project schedule that shows how tasks fit within the project timeline and relate to appropriate milestones and project deliverables. o City Resources: Identify the types of information, data and assistance expected from the City.  Consultant Qualifications and References: o Provide a brief profile outlining company/consultant history and philosophy. o Team Composition and Experience: List all key personnel who will be assigned to this project, including their roles and responsibilities and relevant experience and qualifications. Include any subconsultants that will work on the project. o Provide references for at least three (3) past projects similar in size and scope to this project. The projects should have been completed by substantially the same project team within the last five years. Include project description, project budget, project start and completion dates, description of staffing resources dedicated to the project, and client name and contact information (including email address).  Cost Proposal: The cost proposal should include the following: o A detailed itemization of project costs. At a minimum the costs for each task and subtask identified in the work plan should be included, as well as any other costs to be charged by the Proposer to complete the Scope of Work. o A total not-to-exceed price for the project. o A listing of Proposer’s hourly rates by classification as well as other cost factors which would be needed to price extra work. 329 Page 7 of 24  Additional Information: Include any other essential information that may assist in the evaluation of the proposal.  Signature(s): Proposals must be signed by an individual or individuals authorized to bind the firm, consultant or consultant team. Unsigned proposals may be rejected. PROPOSAL EVALUATION AND SELECTION The City will develop and oversee the process for the evaluation of the proposals received. It is anticipated that evaluation of proposals will be conducted by a panel consisting of City staff and Commission members. All proposals properly received before the submission deadline will be evaluated based on the criteria below, listed in relative order of importance: 1. Qualifications and experience of the Proposer 2. Thoroughness of response, approach to providing sound services, and ability to provide services to meet objectives 3. Strength of examples of previous projects (with emphasis on projects of similar scope and scale to Moorpark) 4. Cost to the City The City may elect to conduct interviews of the top rated Proposers. The Proposer whose overall proposal is rated the highest will be invited for an interview to negotiate a final contract. If an agreement is not reached, negotiations may be terminated and commenced with the next highest rated Proposer. The award of the contract will be based on a combination of all of the above factors. The City is not bound to select any of the Proposers submitting proposals, may waive any irregularities in proposals and their submittal which may be advantageous to the City, and is not liable for any costs of preparation and submittal of proposals, including any presentations made to the City. SUBMITTAL INFORMATION Proposers interested in submitting a proposal for this project should register by e- mailing Kimberly Sexton, Administrative Assistant, at ksexton@moorparkca.gov. Proposals must be received at the address below no later than 4 p.m. (PT), Friday, April 12, 2019. Any proposals received after this date and time may be considered non- responsive, in which case the City will return the proposal, unopened. Proposals must 330 Page 8 of 24 be in writing and may be delivered by hand, mail or courier . Oral, telephonic, facsimile, telegraphic, or electronically transmitted proposals will not be considered or accepted. One (1) original and three (3) printed copies, plus a digital version (thumb drive) of the proposal must be submitted. Direct proposals to: City of Moorpark Parks, Recreation and Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 Attn: Chris Ball, Management Analyst Please clearly mark the envelope with the following: RFP – Arts Master Plan Submitted proposals may be withdrawn at any time prior to the submission deadline specified in the RFP, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. INQUIRIES / ADDENDA If a Proposer has any questions about this RFP or the proposed scope of work, or if a Proposer finds any error, inconsistency or ambiguity in the RFP, the Proposer must submit a request for clarification or correction by email to the City’s project manager, Chris Ball at cball@moorparkca.gov. Requests for clarification or correction must be received no later than April 5, 2019 at 5 p.m. (PT). Interpretation or correction of the RFP will be made by addendum posted on the City bid webpage (available at http://www.moorparkca.gov/bids.aspx), and any addendum will be considered a part of the RFP and will be incorporated therein. It is incumbent on the Proposer to review and address any addenda posted on the City bid webpage prior to submission of the final proposal. Registration for bid notifications on the City webpage does not relieve the Proposer of the responsibility for ensuring that posted addenda have been received and addressed. Telephone communication with City staff is not encouraged, and the City is not bound by any clarifications, interpretations, corrections or changes to the RFP that are made verbally or in any manner other than by written addendum. 331 Page 9 of 24 CONTRACT REQUIREMENT Before any services can commence, the selected Proposer will be required to sign and deliver the City’s General Services Agreement (Agreement), a sample of which is attached to this RFP. To ensure the smooth and timely implementation of this project, Proposers responding to this RFP should review all the terms and conditions of the Agreement, including, but not limited to, provisions relating to insurance and indemnity. The City will require certificates of insurance and additional insured endorsements, as specified in Exhibit A of the Agreement, when the Proposer submits the signed Agreement. The City’s policy is that the Agreement be accepted as is. By submitting a proposal to the City in response to this RFP, each Proposer is deemed to have provided its approval of the Agreement and assurance that it is able to meet the insurance requirements contained therein. If a Proposer seeks limited modification of any aspect of the Agreement, then the Proposer must identify the proposed changes in the proposal. However, changes or qualifications to the Agreement may be weighed in the evaluation of the proposal and, at the City’s discretion, may cause rejection of the proposal as non-responsive. This RFP, or any part of it, and the Proposer’s responses, will be incorporated into and made a part of the Agreement. The City reserves the right to further negotiate and/or modify the terms and conditions of the Agreement. The Proposer whom the City Council selects must cooperate with the City in good faith to negotiate, sign, and deliver the final Agreement. OTHER CONSIDERATIONS / RESERVATION OF RIGHTS  This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided to a consultant for responding to this RFP, or parties they represent, for obtaining any of the information requested.  The City reserves the right to reject any and all proposals, and to reissue the RFP.  The City reserves the right to cancel or modify, for any or no reason, in part or in its entirety, this RFP including, but not limited to, selection schedule, submittal date, and submittal requirements, without prior notice. Notification of revisions to the RFP will be made by addendum posted on the bid webpage. 332 Page 10 of 24  The City reserves the right to verify the information received in the proposal. If a Proposer knowingly and willfully submits false information or data, the City reserves the right to reject that proposal. If it is determined that a contract was awarded as a result of false statements or other data submitted in response to this RFP, the City reserves the right to terminate the contract.  The City reserves the right to request additional information at any time from any and all Proposers which the City deems necessary to evaluate Proposer qualifications.  Proposers are responsible for making all necessary investigations and examination of records related to this RFP. Failure to do so will not act to relieve any condition of a potential general services agreement or the requirements set out in this RFP. It is mutually understood and agreed that the submission of a proposal shall be considered evidence that the Proposer has made such examinations and investigations. No request for modification of proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition.  All documentation and materials submitted in response to this RFP will remain the property of the City and will become a public record subject to the requirements of the California Public Records Act.  The selected Proposer will maintain any required professional licenses and registrations during the life of the contract with the City.  The selected Proposer shall obtain a City of Moorpark Business Registration prior to commencing any work. ANTICIPATED SCHEDULE OF RFP ACTIVITIES 1. Issuance of RFP: March 8, 2019 2. Deadline for RFP submittal: April 12, 2019 (4 p.m. PT) 3. Application Review / Interviews: April 15 - 26, 2019 4. City Council Approval: May, 2019 5. Award of Agreement & Notice to Proceed: June, 2019 ATTACHMENTS Attachment 1 – Sample Contract with Insurance Requirements 333 PAGES 11 TO 24 (SAMPLE CONTRACT WITH INSURANCE REQUIREMENTS) ARE THE SAME AS THE CITY CONTRACT, AND HAVE BEEN REMOVED SO AS NOT TO BE DUPLICITOUS. 334 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov Request for Proposals for Arts Master Plan ADDENDUM #1 March 21, 2019 RESPONDENT CLARIFICATIONS I) Has the City established a not-to-exceed budget amount for this project? A: No, a not-to-exceed budget amount has not been established. As noted in the RFP, Proposals are to include a detailed Cost Proposal that itemizes the costs for the tasks and subtasks identified by the Proposer as necessary to complete the Scope of Work. Proposals are also to include a total not-to-exceed price that covers the full Scope of Work described in the RFP. Sufficient information should be provided to justify the proposed not-to-exceed price and to serve as a basis for negotiating a final Agreement. II) What is the preferred cost range for this initiative? A: A preferred cost range has not been determined. Please see the answer to Clarification I above for additional information. If you have any additional questions regarding the Arts Master Plan RFP, please submit them via e-mail to cball@moorparkca.gov. The last day to submit requests for clarification prior to the RFP deadline is April 5, 2019 @ 5 p.m. Final clarifications will be posted April 9, 2019. 335 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov Request for Proposals for Arts Master Plan ADDENDUM #2 April 3, 2019 RESPONDENT CLARIFICATIONS I) In consideration of some of the language and directives in the RFP, is the city seeking a Public Art Master Plan (focused only on Public Art) or a broader Arts Master Plan – inclusive of other current and future arts activities in the City? A: The City is generally seeking a broad Arts Master Plan that incorporates the community’s attitudes and interests regarding art and provides recommendations on what the City can do programmatically to promulgate art in the community. Desired recommendations would not only cover physical public art, but also evaluate other types of programs that could be implemented to integrate art into the community perspective. II) We understand the current public art fund has considerable assets. Is the City seeking a plan that includes recommendations for expenditures of those dollars existing in the fund now? A: Yes, the Arts Master Plan should include both short and long-term recommendations for the expenditure and management of existing Art In Public Places funds. If you have any additional questions regarding the Arts Master Plan RFP, please submit them via e-mail to cball@moorparkca.gov. The last day to submit requests for clarification prior to the RFP deadline is April 5, 2019 @ 5 p.m. Final clarifications will be posted April 9, 2019. 336 Proposal to CITY OF MOORPARK Arts Master Plan “We Are One Family” by John Fisher at the Ruben Castro Human Services Center in Moorpark Submitted by Arts Orange County - 17620 Fitch Avenue - Suite 255 - Irvine CA 92614 – 714.556.5160 x17 April 12, 2019 337 Contents Cover Letter………………………………………………3 Background and Project Summary…………….4 Methodology…………………………………………….5-7 Anticipated Work Schedule……………………….8-9 Staffing……………………………………………………..10-12 Qualifications and References..…………………13-16 Fee Proposal……………………………………………..17 Singing at Moorpark College 2 338 Arts17620 Fitch Avenue, Suite 255, Irvine, CA 92614 6081 f 714.556.5160 I FAX 714.556.5099 ORANGE COUNTY www•ArtsOC.org I www.SparkOC.com April 12, 2019 TO: City of Moorpark Arts Orange County has engaged in cultural planning for the past twenty years, serving clients statewide as well as in its home community of 3.2 million people. The ultimate success of a master arts and culture plan is the ability to transform dreams into reality, and Arts Orange County believes that the route to accomplishing this is not a straight line that only collects and reports back community input. It is a process that also demands the skillful synthesis of early findings to determine where consensus exists around certain goals, and to share this emerging vision with key decision-makers in order to test their feasibility and identify prospective champions. With a clear sense of true possibilities, the process can then move confidently to offer more idea-sharing opportunities while strengthening public will for the plan's desired outcomes. We believe it takes the right team of seasoned experts to accomplish this. Ours includes a nationally-known arts leader and a former city mayor who worked together to create one of the premier models of public/private partnership for the arts in Laguna Beach, one of California's foremost experts in public art policy and management, one of Ventura County's most-respected consultants in the area of arts, economic and community development, and a nationally-known leader in advancing Latino arts and culture. Together, we represent many years of knowledge and experience, and will ensure that the strategies pursued in developing the plan are thoroughly inclusive, reflect innovative thinking, best practices in the field, and not only have the potential to succeed—but to be transformative. We are uniquely positioned to deliver to the City of Moorpark a plan well-suited for implementation by its Arts Commission because Arts Orange County is itself a local arts agency that has long been engaged in planning and managing these kinds of programs. We look forward to the opportunity to assist the City of Moorpark in achieving similar success through the development of this plan. Sincerely, Richard Stein President & CEO 339 Background and Program Summary The City of Moorpark seeks to create its first Arts Master Plan “to establish a communitywide vision for the City’s public art program, update existing policies and identify resources and partnerships to achieve that vision, and set feasible priorities and programs that align with the vision and will serve to guide public and private efforts over the next ten years.” Arts Orange County is an experienced provider of comprehensive cultural planning services to municipalities, higher education and arts institutions. We offer the following expectations of success: ❖ Visionary – Our approach sparks a vigorous and creative exploration of options and opportunities unique to the City of Moorpark and culminates in a cohesive statement of ambitions, plans and timelines for action. ❖ Engaged Citizenry – Our approach emphasizes the engagement of Moorpark’s diverse public in a dynamic process that fosters expansive thinking, inclusive dialogue and inspired decision-making. Emerging from this process should be a constituency for arts and culture with consensus as to its priorities and empowered for action. ❖ “First-steps” Guidance – Our approach is rooted in the belief that a completed plan, as thorough as it is in reflecting the community’s desires, is worthless if it is only “received and filed” to sit on a shelf. In order to help ensure that its approved action steps are launched successfully, ArtsOC’s checks in with the client community quarterly during the first year following approval of the plan, providing guidance in its implementation and monitoring progress toward the goals. “Annie” at Moorpark’s High Street Arts Center 4 340 Methodology for the City of Moorpark Arts Master Plan ArtsOC’s approach is to be organic, grassroots and authentic to the history, dynamics and potential of the City of Moorpark. Our process endeavors to raise the temperature of Moorpark’s arts & cultural ambition and capability by guiding a process that offers numerous opportunities for assessment, learning, sharing, ideating, prioritizing and organizing. ArtsOC sees its role as helping City of Moorpark to gather the momentum necessary to achieve the goals and objectives arising from the development of its Arts Master Plan. ArtsOC deliverables include: Gathering Community Input and Collecting Data ➢ Hold monthly meetings (or conference calls) with the ad hoc Arts Master Plan Committee of the City of Moorpark Arts Commission to review project goals, ArtsOC’s public engagement strategy, identify key stakeholders, brief the Committee on early findings and emerging recommendations, and seek the Committee’s guidance and assistance in ensuring that the information is accurate and complete. ➢ Conduct one (1) Study Session with the City of Moorpark Arts Commission and City staff to conduct a needs assessment where we will review strengths, weaknesses, opportunities, and threats with regard to sustaining and growing a robust arts and culture community. Folklorico performance in Moorpark 5 341 ➢ Conduct approximately 20 individual key stakeholder interviews, representing various constituencies, to collect input about their knowledge of, interest in and opinions about Moorpark’s arts and culture. These individuals might include members of the City Council and City of Moorpark Arts Commission, the City Manager, and representatives of the Chamber of Commerce, Moorpark College, Moorpark Unified School District, and community organizations representing various constituencies. ➢ Conduct 4 community forums (one in each of the 4 newly-drawn City Council districts) open to the general public to collect input about their knowledge of, interest in and opinions about current and future arts and culture programs and services in the City. ArtsOC will conduct special outreach to underserved sectors of the community in order to ensure that their voices are heard and included, and where there is a large concentration of Spanish language speakers, provide bilingual facilitation. ➢ Conduct an online survey in English and in Spanish that is open to the public. City of Moorpark and key stakeholders will be asked to assist in promoting the online survey through their networks. ArtsOC collected community input for the City of Costa Mesa’ arts plan. Among its tools were online surveys conducted in English and Spanish, and promoted widely. Report and Presentation ➢ Create a presentation and written report which includes such components as the following: ➢ The vision and aspirations of the community for the future of its arts and culture. ➢ An inventory of Moorpark’s “creative sector.” This inventory includes cultural assets such as arts organizations and venues, public art, arts education programs, individual artists, creative businesses and their economic impact, as well as anticipated changes in the asset base. Additionally, equal regard will be given to all creative disciplines as well as non-traditional and multi-ethnic arts. ➢ Document all City of Moorpark plans (e.g. General Plan) that reference arts and culture and identify where alignment with such plans exist in the recommendations. 6 342 ➢ Provide recommended steps toward fulfilling the community’s arts and culture goals, supported by examples of successes in other communities and best practices in the field. ➢ Provide a 10 year timeline of recommended action step implementation, including evaluation. ➢ Provide a 10 year budget estimation for action step implementation. ➢ Identify possible funding sources, public-private partnerships and other collaborations. ➢ Provide a historic timeline of Arts and Culture in City of Moorpark. ➢ Present Arts Master Plan to the City of Moorpark Arts Commission for review, approval and recommendation to City Council. ➢ Present Arts Master Plan to Moorpark City Council. First Steps Guidance ➢ Conduct quarterly check-in conference calls with City of Moorpark Arts Commission during first year following the presentation of the Arts Master Plan for purposes of monitoring progress and providing guidance on first steps in implementation. Moorpark High School Marching Band 7 343 Anticipated Work Schedule July 2019 Contract executed, work begins ArtsOC meets with Arts Master Plan Committee to review project goals, scope of work, timeline ArtsOC begins surveying City’s existing cultural assets ArtsOC begins research into history of City’s arts & culture pertinent documents August ArtsOC conducts Study Session with Arts Commission and County Staff ArtsOC begins conducting individual interviews with key stakeholders ArtsOC drafts online survey and reviews it with Arts Master Plan Committee ArtsOC meets with Arts Master Plan Committee and provides update September Online survey goes live to the public ArtsOC begins conducting District forums October ArtsOC continues key stakeholder interviews ArtsOC meets with Arts Master Plan Committee and provides update November ArtsOC conducts final round of key stakeholder interviews and completes forums Online survey results are collected and analyzed ArtsOC conducts meeting with Arts Master Plan Committee, reviews survey results CONTINUED ON PAGE 9 Discovery Day, Moorpark College 8 344 December ArtsOC meets with Committee and provides update January 2020 ArtsOC presents Draft Plan to Arts Master Plan Committee, receives input, makes revisions February ArtsOC shares Revised Plan to Arts Master Plan Committee and conducts sample Arts Commission full presentation for input and revision March ArtsOC makes full Arts Master Plan presentation to City of Moorpark Arts Commission for review and approval April ArtsOC makes full Arts Master Plan presentation to Moorpark City Council “Eyes on Freedom” 9 345 The Arts Orange County Consulting Team Richard Stein – Role in the Project: Project Manager and Team Leader Rick has been President & CEO of Arts Orange County (ArtsOC) for more than 10 years, and serves as lead consultant on all of its projects. He is acknowledged as one of California’s leading experts in local arts agencies, arts councils, and arts commissions. Cultural planning projects include: City of Costa Mesa Arts & Culture Master Plan, the City of Mission Viejo Cultural Arts Master Plan, City of Newport Beach Master Arts and Culture Plan, and the City of Irvine Arts in the Great Park. Additionally, he served on the City of Santa Ana Arts and Culture Plan Steering Committee and authored a portion of the first City of Laguna Beach Arts and Culture Master Plan more than 20 years ago. Public art consulting projects include: overseeing since 2013 the 14-acre City of Newport Beach Sculpture Exhibition in Civic Center Park—a program in which ten large scale sculptures are selected and installed on two-year loans. Rick has also been the lead consultant on the selection and installation of two large scale permanent commemorative public art projects: “Table of Dignity” (honoring Orange County agricultural workers) at the OC Fair & Event Center in Costa Mesa and “We Too Were Once Strangers” (honoring Santa Ana’s Japanese-American agricultural heritage) on City of Santa Ana’s bicycle trail on the corner of Sunflower Avenue and Flower Street. In 2019, ArtsOC was contracted by Jamboree Housing Corporation to manage the required public art component of their new affordable housing for military veterans in the City of Santa Ana, opening in 2020. Rick has served as a consultant (grant reviewer or peer review panelist) to the National Endowment for the Arts, California Arts Council, Western States Arts Federation, Los Angeles County Arts Commission, City of Los Angeles Department of Cultural Affairs, Riverside Arts Council, New England Foundation for the Arts, Fund for the Arts of Louisville, Kentucky, and the Connecticut Commission on the Arts. Rick has been one of Orange County’s leading arts figures for over 30 years since his arrival in 1987 to serve as Managing Director of the Grove Shakespeare Festival in Garden Grove, which he led for three years, after which he transformed the Laguna Playhouse in Laguna Beach into a major resident professional theatre over the course of more than 17 years as its Executive Director. His early career also included serving as director of a university performing arts center, senior management positions in two major symphony orchestras, and chief executive of a small rural county arts council. Rick holds degrees from Columbia and Syracuse Universities, returned to Columbia for post-graduate study on a National Endowment for the Humanities summer fellowship, and was sent on a cultural exchange to South Korea by the International Theatre Institute. Rick is a past Chair of the John Wayne Airport Arts Commission (appointed by Orange County Supervisor Harriet Wieder), was appointed by the Laguna Beach City Council to its Village Entrance Task Force, served as President of the Laguna Beach Alliance for the Arts, and served for three terms as President of the Board of Californians for the Arts a statewide organization promoting the interests of the arts community. 10 346 Tracy Hudak – Role in the Project: Facilitator, Researcher, Writer Tracy Hudak is the founder and principal of CreativityWorks, a Ventura County- based think tank and consultancy firm specializing in the creative sector’s role in economic and community development. She has over twenty years of experie nce in strengthening businesses and nonprofits through strategic planning, organizational development, finance management, fundraising, marketing, program design an d evaluation. For the arts, she also consults on audience development, advocacy and policy. She represents Ventura County artists, cultural organizations and creative businesses as a member of the county’s Economic Vitality Strategic Plan steering committee. Tracy served as the Arts Impact Director for downtown Oxnard, tasked with catalyzing arts activity in the area as an economic and community development strategy, and as Executive Director for the Bell Arts Factory in Ventura. In Ojai, she produced Togetherness Village as part of the Thomas Fire Remembrance Concert as well as Lit Crawl for the Ojai Wordfest, and she serves on the TO Arts advisory board in Thousand Oaks. In 2016, she was the keynote speaker for the San Luis Obispo C reative Economy Forum and her writing on the creative sector has been featured in the Pacific Coast Business Times, the CA Forward blog, KCET Artbound, and local publications. Tracy is also a painter and a theater artist. She and her family have lived in Ventura County since 2006. Patricia Gomez – Role in the Project: Public Art Policies & Procedures Specialist Pat has over 15 years service in public art management for government agencies, recently transitioning as a consultant utilizing her past experience as staff manag er for specialized programs and general project management. As a former Creative Services Manager for the Los Angeles County Metropolitan Transportation Authority, Pat oversaw the identification and placement of public art at rail and bus stations. Among other projects, she oversaw the artist identification and placement for the Crenshaw/LAX Corridor currently under construction. She served 11 years as the Arts Manager for the City of Los Angeles Department of Cultural Affairs (Public Art Division) responsible for the Arts Development Fee (Private Percent for Art), City Art Collection, and Murals Programs. Pat's expertise extends to arts programming in other capacities, as she was the former President of the Board of Directors of Newtown Pasadena, an artist-run group presenting temporary experimental or cross-genre art in public places. She also formerly served as a Board Member of the Foundation for Arts Resources (FAR) where she served as Chairman of the Board of Directors. During her tenure with FAR, sh e was involved as a curator and coordinator of major temporary art happenings transforming non-traditional sites in order to present innovative visual, performing and media arts. 11 347 Pat was formerly the Associate Director for Self-Help Graphics & Art, a ground breaking community art center located in the heart of East L.A. She was the initial Director of the Huntington Beach Art Center’s store, where she featured artist-made books and usable objects, also serving as the Special Events Director initiating a spoken-word series and Day of the Dead Celebration. A visual artist working primarily in assemblage and installation based approaches, she is included in the U. of Arizona and Smithsonian publication "Contemporary Chicana and Chicano Artists", and the Bilin gual Press "Chicano Art for our Millennium" publication. Paul Freeman – Role in the Project: Economic & Community Development Specialist A former two-term Mayor of Laguna Beach who served eight years on its City Council, Paul led the effort 19 years ago to create that city’s business improvement district that generates over $2 million annually to support tourism and the arts. He served for 15 years as head of public affairs for C. J. Segerstrom & Sons, a real estate developer, which owns and operates one of the nation’s largest and most successful retail shopping centers, South Coast Plaza. Previously, he served for 8 years as legislative aide and advisor to U.S. Senator Gary Hart in Washington, D.C. His consulting clients have included government (U.S. Agency for International Development), education (University of California), and business (PacifiCare Health Systems), as well as arts organizations (Orange County Museum of Art, Laguna Art Museum). Paul is a graduate of the University of Virginia. Stop, Go, Murder, his first novel, is now available in selected bookstores. Victor Payan – Role in the Project: Diversity Specialist Victor Payan is an award-winning artist, arts administrator and consultant who organizes public events that promote tolerance, understanding and community empowerment. He served as Director of Programs for the National Association of Latino Arts and Culture (NALAC), as Latino Audience Engagement Specialist for the Bowers Museum in Santa Ana, and as Diversity Consultant for the statewide California Presenters. Victor is Founding Director of Media Arts Santa An a (MASA) and Co-Founder of the OC Film Fiesta multicultural film festival. He served as Co-Director of the CineFestival en San Antonio Latino film festival. He also served as Co-Chair of the Media Arts Committee for Luminaria, San Antonio’s citywide arts festival, and as a grant panelist for the San Antonio Artists Foundation, the Los Angeles County Arts Commission and the City of Los Angeles Department of Cultural Affairs. His work in media includes serving as Associate Producer for the national PBS documentary series The U.S.-Mexican War: 1846-1848 and The Border. He has worked with organizations such as Orange County Children’s Therapeutic Arts Center and Latino Health Access. Victor holds a bachelor’s degree in communications from Stanford University. With his wife Sandra Pocha Pena, he is a 2019 recipient of a prestigious national Creative Capital grant for their project “Dreamocracy in America” (Nuevo DIA), is a time- travelling transdisciplinary tour of America that picks up Alexis de Tocqueville’s journey into the American character where he left off, and completes his epic project by examining immigrant and refugee detention centers, Native reservations, and communities west of the 1831 US border. 12 348 Qualifications and References Cultural planning is central to Arts Orange County’s portfolio of consulting and project management services. ArtsOC’s plans may be accessed and downloaded at: https://artsoc.org/consulting.htm Arts Plan: City of Costa Mesa (population 113,825) – Arts & Culture Master Plan (2019). In 1984, the Costa Mesa City Council retitled its motto to be “City of the Arts.” Over the next 35 years, Costa Mesa became the arts & culture hub of Orange County with the opening and further development of the Segerstrom Center for the Arts campus. Yet the City had never created a master arts plan. In 2017, Costa Mesa engaged ArtsOC to conduct a master planning process for the arts that involved significant community-wide input gathering and research, culminating in the the City’s first Arts & Culture Master Plan, completed in April 2019. Contact: Mr. Justin Martin, Parks & Community Services Director, City of Costa Mesa. JUSTIN.MARTIN@costamesaca.gov (714) 754-5065 Arts Plan & Public Art Projects: City of Newport Beach (population 86,160) - Master Arts and Culture Plan (2014). The result of a seven-month effort, this plan included substantial research, gathering community-wide input through key stakeholder interviews, focus groups, a community forum and an online survey. It also entailed working with a steering committee comprised of members of the City Arts Commission and with key City staff members. Arts Orange County presented the draft report to the City Arts Commission and, upon its approval, to the City Council in November 2014. Newport Beach Sculptures in Civic Center Park Exhibition (2013 – Present) Since 2013, Arts Orange County has been contractor to the City of Newport Beach on the selection and installation of ten large scale sculptures on loan for two-year exhibitions in its 14-acre Civic Center Park. ArtsOC has just begun Phase IV, 2019, by the end of which ArtsOC will have overseen selection and installation of 40 works of public art for City of Newport Beach. Contact for both projects: Mr. Tim Hetherton, Director of Library Services, City of Newport Beach. THetherton@newportbeachca.gov (949) 717-3810. 13 349 Arts Plan: City of Mission Viejo – (Population 96,016) Cultural Arts Master Plan (2017). The result of a seven-month effort, this plan included substantial research, gathering community-wide input through key stakeholder interviews, focus groups, a community forum and an online survey. It also entailed working with an independent Steering Committee comprised of a former Mayor of Mission Viejo, members of the City’s Cultural Arts Committee and City staff. Arts Orange County held monthly meetings with the Steering Committee, presented the draft report to the Arts Committee, to the City’s Community Services Commission and, upon its approval, to the City Council in May 2017, which approved it. Contact: Ms. Genesis Hansen, Director of Library and Cultural Services, City of Mission Viejo. ghansen@cityofmissionviejo.org (949) 470-3076. Public Art Project: OC Fair & Event Center - “Table of Dignity” – Orange County Agricultural Workers Memorial In 2013, Arts Orange County was contracted by the OC Fair & Event Center to conduct the selection process for the commissioning of a new work to commemorate the County’s agricultural workers. The work was completed and installed in by the OC Fair & Event Center, a State of California agency. Contact: Ms. Michele Richards, Vice President, Business Development, OC Fair & Event Center. MRichards@ocfair.com (714) 708-1500 Public Art Project: City of Santa Ana - “We Too Were Once Strangers” In 2013, Arts Orange County was contracted by the City of Santa Ana to conduct the selection process for the commissioning of a new work to commemorate Japanese-American farmers, located at the terminus of the Flower Street Bike Trail at Sunflower Avenue. The work was completed and installed by the City of Santa Ana in 2015. Contact: Mr. Gerardo Mouet, Director of Parks, Recreati on and Marine Department, City of Long Beach (formerly Director of Parks, Recreation and Community Services, City of Santa Ana). (562) 570-3100 Arts Plans: City of Irvine (Population 277,453) - Animating Arts & Culture at the Orange County Great Park (2008). Presented to the Orange County Great Park Corporation and Irvine City Council in August 2008, the plan became the blueprint for arts and culture programming in the Great Park from 2008 to 2015. The plan was based upon widespread community input-gathering, including key stakeholder interviews, focus groups and a community forum. A follow-up study was prepared by ArtsOC: City of Irvine - Arts in the Great Park: 2008-2015. Contact: Mr. Michael Ellzey, former CEO, Orange County Great Park Corporation—currently Director, Richard Nixon Presidential Library and Museum. michael.ellzey@nara.gov (714) 983-9121 (City of Irvine contact for follow-up study is now retired.) 14 350 Qualifications - Arts Orange County Board of Directors Arts Orange County’s Board of Directors is comprised of leading figures in Orange County’s arts, education, philanthropic and business sectors, and serves as a “brain trust” for its consulting activities. Rick M. Smetanka, CPA Partner-in-Charge, Audit & Business Advisory Services Group, Chair Haskell & White LLP, Irvine Mary Lyons Civic Leader, Newport Beach Past Chair Susan K. Hori, Esq. Partner, Manatt, Phelps & Phillips LLP, Costa Mesa Secretary Mechelle Lawrence Adams Executive Director, Mission San Juan Capistrano, San Juan Capistrano Matt Bailey Director of Ecosystem Development, UCI Applied Innovation, Irvine Dr. Stephen Barker Dean, Claire Trevor School of the Arts, University of California, Irvine and Executive Director, Institute and Museum of California Art, Irvine Ellen Breitman Former Director of Education, Newport Harbor Art Museum (now Orange County Museum of Art, Santa Ana) William Cusato Director - Service Engineering & Operations Center, Commercial Aviation Services, The Boeing Company, Seal Beach Thuy Vo Dang, Ph.D. Curator for the Southeast Asian Archive, University of California, Irvine and Commissioner (1st District), John Wayne Airport Arts Commission John Evans Senior Vice President & Regional Manager (Retired), Wells Fargo Bank, Newport Beach John Forsyte President, Orange County’s Pacific Symphony, Irvine Sara Guerrero Founder & Artistic Director, Breath of Fire Latina Theatre Ensemble, Santa Ana Robert J. Klein First Vice President-Investments, Wells Fargo Advisors, Newport Beach Kathy Kramer, CFE Chief Executive Officer, OC Fair & Event Center, Costa Mesa Ernesto Maldonado Vice President, Pacific Premier Bank, Irvine Jerry Mandel, Ph.D. President, Irvine Barclay Theatre, Irvine Dr. Al Mijares Orange County Superintendent of Schools, Costa Mesa Kay Mortenson Artist & Professor Emeritus of Art, Golden West College, Huntington Beach Tim Shaw President, Tim Shaw & Associates, Irvine Todd DeShields Smith CEO & Director, Orange County Museum of Art, Newport Beach Paula Tomei Managing Director, South Coast Repertory, Costa Mesa Debora Wondercheck Founder & Executive Director, Arts & Learning Conservatory, Costa Mesa 15 351 Qualifications – Overview of Services and Clients Overview Founded in 1995, Arts Orange County is Orange County’s principal independent nonprofit arts services organization. Designated by the Board of Supervisors of the County of Orange as its official local arts agency, Arts Orange County also serves as its State-Local Partner with the California Arts Council. The leadership of Arts Orange County, Orange County’s nonprofit arts council, possesses many years of in-depth experience representing all facets of arts management, and assists government, education, business and nonprofit organizations through affordable contracted services, project management, and customized consultation services. Our knowledge base and services include: Municipal arts & culture master plans; public art program planning & management; organizational strategic planning; programmatic planning and evaluation; executive search & coaching; budget planning & management; fund development planning & research; feasibility studies; organizational development through building a culture of innovation; production planning & event coordination. Current and recent clients include: Government: Education: Nonprofits: 16 352 Fee Proposal Arts Orange County’s hourly consulting rate is $125. Based upon the scope of work outlined above, we have calculated that the number of hours required to complete an Arts Master Plan for the City of Moorpark will be 312. We are willing to contract for this project for a not-too-exceed flat fee of $39,000. Arts Orange County requests that the City assist in arranging or providing meeting rooms for use in key stakeholder interviews, focus groups and the community forum at no charge. The City is also asked to assist in communicating through its various channels announcements about the community forums and online survey. All other costs associated with the project (e.g. graphic design and printing of the plan document, consultants’ travel and accommodations, forum refreshments, clerical support, online survey) are included in ArtsOC’s fee. Arts Orange County will invoice the City $7,500 upon contract execution (July), and $3,500 per month in nine (9) equal installments at the end of each month (August 2019 through April 2020), however the final monthly invoice (April, 2020) will not be issued until following presentation of the completed plan to the City Council. Invoices are payable within 30 days. This proposal price is valid through December 31, 2019. “End Moorpark Road” by Elizabeth Miller 17 353 Attachment 2 RESOLUTION NO. 2019-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2018/2019 BUDGET BY APPROPRIATING $14,850 FROM THE ART IN PUBLIC PLACES FUND (2007) FOR ARTS MASTER PLAN CONSULTING SERVICES WHEREAS, on June 20, 2018 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2018/2019, appropriating $30,000 from the Art in Public Places Fund (2007) for Arts Master Plan consulting services; and WHEREAS, on March 6, 2019 the City Council approved and authorized the release of the Request for Proposals for an Arts Master Plan consultant to evaluate the City’s existing public art policies and programs; assess the community’s attitudes and interests regarding arts; and establish a communitywide vision for the City’s public art program; and WHEREAS, a staff report has been presented to the City Council recommending to award an Agreement with Arts Orange County for Arts Master Plan consulting services for not-to-exceed cost of $44,850, including $5,850 contingency; and authorizing the City Manager to execute said Agreement; and WHEREAS, a budget amendment of $14,850 from the Art in Public Places Fund (2007) is required to cover the full cost of the agreement; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $14,850 from, the Art in Public Places Fund (2007) for Arts Master Plan consulting services, as more particularly described in Exhibit “A”, attached hereto, is hereby approved. 354 Resolution No. 2019-_____ Page 2 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of June, 2019. _____________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Deborah Traffenstedt Assistant City Manager/City Clerk Exhibit A – Budget Amendment 355 Resolution No. 2019-_____ Page 3 FUND BALANCE ALLOCATION: Fund-Account Number Amount 2007-000-00000-33990 14,850.00$ Total 14,850.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2007-511-00000-51000 30,000.00$ 14,850.00$ 44,850.00$ -$ -$ -$ -$ -$ -$ Total 30,000.00$ 14,850.00$ 44,850.00$ Art In Public Places Fund EXHIBIT A BUDGET AMENDMENT FOR ART IN PUBLIC PLACES FUND (2007) FOR FY 2018/19 Fund Title ARTS MASTER PLAN CONSULTING SERVICES 356