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Home My WebLink About03-16-2021 Public Art Committee Agenda PacketSaratoga Public Art Committee Agenda - Page 1 of 3 SARATOGA CITY COUNCIL PUBLIC ART COMMITTEE March 16, 2021 4:00 P.M. REGULAR MEETING Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council/Commission members, staff, and public will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N ‐29‐20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. Members of the public can observe and participate in the meeting by: 1. Using the Zoom website at https://us02web.zoom.us/j/88445173419 or through the Zoom App (Webinar ID 884 4517 3419and using the tool to raise their hand in the Zoom platform when prompted to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID 884 4517 3419, and pressing *9 when prompted to raise their hand to speak on an agenda item. The public will not be able to participate in the meeting in person. During the meeting, the process for members of the public to be recognized to offer public comment will be explained. As always, members of the public can send written comments to the Committee prior to the meeting by commenting online at www.saratoga.ca.us/publicart prior to the start of the meeting. These emails will be provided to the members of the Council/Commission and will become part of the official record of the meeting. In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. Saratoga Public Art Committee Agenda - Page 2 of 3 ROLL CALL ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the Public Art Committee for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the Public Art Committee from discussing or taking action on such items. However, the Public Art Committee may schedule the item for discussion at a future meeting. AGENDA ITEMS: 1. Public Art Committee Minutes Recommended Action: Review and approve the Public Art Committee minutes from February 16, 2021. 2. Public Art Policy Recommended Action: Consider whether to recommend changes to the Public Art Policy related to the lease, purchase, or donation of artwork. 3. Paint the City 2021 Recommended Action: Review results of the Paint the City voting. Recommend City Council acceptance of artwork for each utility box and authorization of artist stipends. 4. Courtyard Sculpture Recommended Action: Receive update on placement of sculptures by Colleen Wilcox in the City Hall Courtyard. Provide direction on how to proceed with artist negotiations. 5. Banksy-Style Street Art Recommended Action: Receive presentation on Banksy-style street art. 6. Public Art Budget Recommended Action: Receive status update on the Public Art Fiscal Year 2020/21 budget. 7. Updates on Existing Projects Recommended Action: Receive updates on existing projects and programs. 8. Future Meetings Recommended Action: Discuss agenda topics for the next meeting on April 20, 2021 at 4:00 p.m. ADJOURNMENT Saratoga Public Art Committee Agenda - Page 3 of 3 CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF AGENDA PACKET, & COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Assistant City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the Public Art Committee was posted and available for review on March 12, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us Signed the 12th day of March 2021 at Saratoga, California. Crystal Bothelio, Assistant City Manager In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Public Art Committee by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the Public Art Committee. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or by calling 408.868.1216 as soon as possible before the meeting. [28 CFR 5.102-35.104 ADA title II] Saratoga Public Art Committee Minutes - Page 1 of 5 MINUTES FEBRUARY 16, 2021 PUBLIC ART COMMITTEE REGULAR MEETING The Public Art Committee meeting was called to order virtually using Zoom at 4:01 p.m. ROLL CALL PRESENT: Council Members Mary-Lynne Bernald, Kookie Fitzsimmons Advisory Members Judy Dennis, Maggie Tsai ABSENT: Advisory Member Cristina Meiser ALSO PRESENT: Crystal Bothelio, Assistant City Manager Kayla Nakamoto, Administrative Analyst ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS: 1. Public Art Committee Minutes Recommended Action: Review and approve the Public Art Committee minutes from January 19, 2021. FITZSIMMONS/BERNALD MOVED TO APPROVE THE PUBLIC ART COMMITTEE MINUTES FROM JANUARY 19, 2021. MOTION PASSED. AYES: BERNALD, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. Paint the City 2021 Recommended Action: Review Top 3 recommendations for Paint the City from the Library & Community Engagement Commission and finalize the Top 3 for public voting. Kayla Nakamoto, Administrative Analyst, provided a report on Paint the City 2021 and shared the Top 3 recommendations from the Library & Community Engagement Commission. FITZSIMMONS/BERNALD MOVED TO ACCEPT THE PAINT THE CITY 2021 TOP 3 RECOMMENDATIONS FROM THE LIBRARY & COMMUNITY ENGAGEMENT COMMISSION AND REQUESTED STAFF PROCEED WITH THE PUBLIC VOTING PROCESS FOR PAINT THE CITY. MOTION PASSED. AYES: BERNALD, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3 Saratoga Public Art Committee Minutes - Page 2 of 5 3. Public Art Policy Amendment Recommended Action: Consider draft change to the Public Art Policy and make a recommendation to the City Council. Crystal Bothelio, Assistant City Manager, shared the report on proposed changes to the Public Art Policy to allow Public Art Committee to authorize placement of artwork valued at $25,000 or less and meets other criteria outlined in the policy. Council Member Bernald requested that the word “is” be revised to “are” to be grammatically correct in bullet 6 of the criteria on the ability of outdoor installations to withstand an outdoor environment for an extended period. FITZSIMMONS/BERNALD MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF THE REVISED PUBLIC ART POLICY WITH THE CORRECTION TO BULLET 6 OF THE CRITERIA AND THE ADDITION OF A NEW CRITERIA THAT WOULD ALLOW PUBLIC ART COMMITTEE TO AUTHORIZE PLACEMENT OF ARTWORK VALUED AT $25,000 OR LESS AND MEETS OTHER CRITERIA OUTLINED IN THE POLICY. MOTION PASSED. AYES: BERNALD, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 4. Nuts About Saratoga Acorn Replacement Recommended Action: Authorize replacement of one of size bronze acorns used as part of the Nuts About Saratoga program. Kayla Nakamoto, Administrative Analyst, provided an overview of the item. FITZSIMMONS/BERNALD MOVED TO AUTHORIZE REPLACEMENT THE MISSING BRONZE ACORN AT THE CORNER OF 4TH STREET AND BIG BASIN WAY. MOTION PASSED. AYES: BERNALD, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 5. Gateway Sculpture Recommended Action: Consider and provide direction on options for a sculpture at Saratoga Gateway (Saratoga- Sunnyvale Road and Prospect Road). Crystal Bothelio, Assistant City Manager, introduced the item. Council Member Mary-Lynne Bernald shared information about a community art project called Rainbow Flower done by artist Susan Burton in Allen Park in Ottawa, Illinois. Community members at several different events placed hand cut mosaic tiles on a flower- shaped sculpture created through fiberglass and cement over a Styrofoam base. The Public Art Committee previously explored the possibility of doing a similar project and could look at again as an option for the Gateway location. Council Member Fitzsimmons stated support for the concept, noting the joy and hopefulness of the work. 4 Saratoga Public Art Committee Minutes - Page 3 of 5 Advisory Member Maggie Tsai also expressed support for the concept and shared that she is familiar with an artist in Campbell that does mosaic work. Council Member Bernald added that she also is familiar with an artist that does mosaics and could provide insights on pursuing the project. Advisory Member Judy Dennis discussed the need for artwork that compliments the Gateway location in terms of size and scale, as well as provides the desired first impression as people drive into the City of Saratoga from that location. She noted options for artwork could include landscape artwork and the landscaping could be enhanced to compliment future artwork. The Committee considered brainstorming questions provided in the agenda packet. 1. Should the artwork reflect a core value of the Saratoga community? The Committee discussed how a project could represent core values of the community and agreed that the artwork should include community involvement and support, provide a sense of fun and discovery. It could also offer a sense of history. 2. Should the artwork reflect a value that the City wishes to promote? The Committee considered values that it may wish to promote through the artwork, agreeing that it should reflect the values that Saratoga is inclusive community, friendly, rural yet urban, a place to gather, and cozy place to live. 3. Should the artwork reflect a characteristic of Saratoga or the artwork location? The Committee considered some of the characteristics of the Gateway location, noting some of the limitations and challenges. The Committee agreed that artwork should be easily viewed from a vehicle, should not draw attention to the gas station, and should be strong enough to stand on its own. The Committee discussed the possibility of incorporating art that reflects the physical characteristic of Saratoga, such as an oak or something organic. The Committee also discussed how the surrounding landscaping could be enhanced to support the artwork. 4. Should the artwork be approachable and widely accepted or should the artwork challenge viewers? The Committee agreed that the artwork should be approachable, inspirational, and thought provoking without creating discomfort. 5 Saratoga Public Art Committee Minutes - Page 4 of 5 5. What are the unique attributes of the artwork location? What type of artwork best compliments those attributes? The Committee discussed how enhancements of the surrounding landscaping could help compliment future artwork. 6. Should the artist be local? What is the definition of local? The Committee agreed that ideally the artist would be from Saratoga or Santa Clara County, but that shouldn’t be a limiting factor. 7. Does the Committee want to approach specific artists or invite interested artists to submit artwork proposals? The Committee discussed how they can help engage artists. 8. What is the ideal budget? The Committee did not set a specific budget but agreed it should align with the budget. 9. What is the ideal amount of time that artwork will be on display? The Committee agreed the artwork should be displayed for at least 3 years. 10. Does the Committee want to lease or purchase artwork? The Committee expressed no preference to lease or purchase artwork and agreed it would depend on costs. The Committee expressed a desire for community-involvement in the art selection or production. The Committee agreed to connect with artists or art organizations that they are familiar with to explore options for artwork at the Gateway and to return with further discussion. The Committee asked staff to provide a summary of the goals and values for the Gateway location and to bring back research on artists/art groups in April. 6. Courtyard Sculpture Recommended Action: Receive update on placement of sculptures by Colleen Wilcox in the City Hall Courtyard. Crystal Bothelio, Assistant City Manager, provided an update on the City Hal Courtyard sculpture project. Council Member Bernaled asked if there might be an opportunity to place artwork at the corner of Fruitvale and Allendale or in/near Susie’s Garden. 6 Saratoga Public Art Committee Minutes - Page 5 of 5 7. Public Art Budget Recommended Action: Receive status update on the Public Art Fiscal Year 2020/21 budget. Kayla Nakamoto, Administrative Analyst, provided an update on the 2020/21 budget. 8. Updates on Existing Projects Recommended Action: Receive updates on existing projects and programs. Kayla Nakamoto, Administrative Analyst, provided an update on existing projects and programs. 9. Future Meetings Recommended Action: Discuss agenda topics for the next meeting on March 16, 2021 at 4:00 p.m. The Committee agreed to include the Gateway Sculpture Goals and Values and additional wall mural locations on the agenda for March. ADJOURNMENT FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 5:39 P.M. MOTION PASSED. AYES: BERNALD, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Crystal Bothelio, Assistant City Manager City of Saratoga 7 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Assistant City Manager Date: March 16, 2021 Subject: Public Art Policy On February 16, 2021, the Public Art Committee recommended that the City Council approve changes to the Public Art Policy that would allow the Public Art Committee to approve artwork that is valued at $25,000 or less. This change was proposed by the City’s Risk Manager as damages to leased artwork would be the City’s responsibility. Including artwork value as a consideration for when Public Art Committee or City Council approval is required helps ensure necessary City Council approvals for damages to artwork with a higher value. On March 3, 2021, the City Council adopted the recommended changes to the Public Art Policy. Additionally, the City Council asked the Public Art Committee to consider whether additional changes are recommended to clarify criteria associated with the lease, purchase, or donation of artwork. A draft revision to the Public Art Policy that distinguishes between the lease, purchase, and donation of artwork is attached for the Committee to consider. Criteria proposed to be removed are shown in strikethrough and proposed additions are shown in bold, double underline. The draft includes language that would allow the Public Art Committee to authorize public art leases for artwork valued at $25,000 or less. This amount reflects the previously adopted change and aligns with the City Manager’s purchase limits in the City’s Purchasing Policy. The draft also includes a language that would allow the Public Art Committee to authorize public art purchases under an amount to be determined by the Public Art Committee should the Committee decide to proceed with defining purchase limits in the Public Art 8 Policy. The upper limit of artwork purchases that the Public Art Committee can authorize should not exceed $25,000 to align with the City’s Purchasing Policy. Per the Purchasing Policy, purchases (not including contracts that fall within the scope of a public work as defined by the State) above this amount should be authorized by the full City Council. The last addition to the draft is language that would allow the Public Art Committee to authorize artwork donations valued at $500 or less. The City’s Donation Policy requires City Council authorization of restricted donations of more than $500. Restricted donations include any donation where the donor has restricted its use to a specified purpose. Since artwork donations would likely be subject to an agreement that includes some requirements, such as donor recognition or minimum display period, the draft changes to the Public Art Policy assumes that donations of artwork would be considered restricted. The Public Art Committee’s recommendations are tentatively scheduled to be shared with the City Council at the April 7, 2021 meeting. Attachments: - Draft Public Art Policy - Public Art Policy (March 3, 2021) - Purchasing Policy - Donation Policy 9 RESOLUTION NO. 21-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE PUBLIC ART POLICY WHEREAS, with the formation of the Public Art Committee and an increasing interest in public art, some of the responsibility regarding placement of public art was delegated to the Public Art Committee with the adoption of the Public Art Policy; and WHEREAS, the City Council of the City of Saratoga adopted Resolution 21-010 establishing the current Public Art Policy; and WHEREAS, through the adoption of Resolution 21-010, the City Council added a new criteria that would allow the Public Art Committee to authorize placement of artwork or exhibits on City property that will be displayed for a period of 3 years or less and is valued at $25,000 or less; and WHEREAS, the City Council wishes to further clarify when the Public Art Committee is authorized to place artwork on public property based on whether the artwork is leased, donated, or purchased; and WHEREAS, the Public Art Committee hereby is authorized to approve installation of artwork and exhibits on City property that meet the following criteria: • Artwork/exhibits do not impede typical uses of the site where they are proposed to be installed • Artwork/exhibits are appropriate in scale, media, and context with the intended display location • Artwork/exhibits do not contain political statements or symbols, religious reference or symbols, profane or offensive content, graffiti-like style artwork, copyrighted or trademarked material, or corporate or organizational references, branding, or symbols • Artwork/exhibits are suitable for display to a diverse audience, including children, and should help create a sense of place and community • There is evidence of community support for the artwork/exhibit • Artwork/exhibits installed outdoors are be able to withstand an outdoor environment through the public display period • Artwork/exhibits do not pose a threat to public safety • Any costs associated with artwork/exhibits, such as a lease or installation expenses, can be accounted for within the Public Art Budget approved by the City Council • Artwork/exhibits will be displayed for a period of 3 years or less and is valued at $25,000 or less • Artwork/exhibits that are leased or loaned to the City are valued at $25,000 or less • Artwork/exhibits that are purchased by the City in the amount of $[amount to be specified, should not be higher than $25,000] or less • Artwork/exhibits that are donated to the City are valued at $500 or less per the City of Saratoga Donation Policy 10 WHEREAS, placement of public art or exhibits on City property by the City of Saratoga that do not fall within the discretion of the Public Art Committee shall be reviewed by the Public Art Committee and, at the recommendation of the Public Art Committee, be considered for approval by the City Council by majority vote on a case-by-case basis; and WHEREAS, this resolution shall replace and supersede all prior resolutions, policies, and understandings relating to the Public Art Policy. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby grants the Public Art Committee with the discretion to approve placement of public art and exhibits based on the above criteria and any pieces of public art or exhibits that fall outside the discretion of the Public Art Committee will be reviewed by the Public Art Committee and if recommended for approval by the Public Art Committee, considered by the City Council by majority vote on a case-by-case basis. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7th day of April 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 11 RESOLUTION NO. 21-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA AMENDING THE PUBLIC ART POLICY WHEREAS, the City Council of the City of Saratoga adopted Resolution 16- 028establishing the current Saratoga Public Art Policy; and WHEREAS, since adoption of Resolution 16-028, the City Council formed the Public Art Committee to provide the City Council with recommendations on programs that foster arts and culture in Saratoga for the enrichment and appreciation of the City and its citizens; and WHEREAS, with the formation of the Public Art Committee and an increasing interest in public art, some of the responsibility regarding placement of public art was delegated to the Public Art Committee with the adoption of Resolution 18-004; and WHEREAS, the City Council wishes to add a new criteria that would allow the Public Art Committee to authorize placement of artwork or exhibits on City property that will be displayed for a period of 3 years or less and is valued at $25,000 or less; and WHEREAS, the Public Art Committee hereby is authorized to approve installation of artwork and exhibits on City property that meet the following criteria: • Artwork/exhibits do not impede typical uses of the site where they are proposed to be installed • Artwork/exhibits are appropriate in scale, media, and context with the intended display location • Artwork/exhibits do not contain political statements or symbols, religious reference or symbols, profane or offensive content, graffiti-like style artwork, copyrighted or trademarked material, or corporate or organizational references, branding, or symbols • Artwork/exhibits are suitable for display to a diverse audience, including children, and should help create a sense of place and community • There is evidence of community support for the artwork/exhibit • Artwork/exhibits installed outdoors are be able to withstand an outdoor environment through the public display period • Artwork/exhibits do not pose a threat to public safety • Any costs associated with artwork/exhibits, such as a lease or installation expenses, can be accounted for within the Public Art Budget approved by the City Council • Artwork/exhibits will be displayed for a period of 3 years or less and is valued at $25,000 or less WHEREAS, placement of public art or exhibits on City property by the City of Saratoga that do not fall within the discretion of the Public Art Committee shall be reviewed by the Public Art Committee and, at the recommendation of the Public Art Committee, be considered for approval by the City Council by majority vote on a case-by-case basis; and 12 WHEREAS, this resolution shall replace and supersede all prior resolutions, policies , and understandings relating to the Public Art Policy . NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby grants the Public Art Committee with the discretion to approve placement of public art and exhibits based on the above criteria and any pieces of public art or exhibits that fall outside the discretion of the Public Art Committee will be reviewed by the Public Art Committee and if recommended for approval by the Public Art Committee, considered by the City Council by majority vote on a case-by-case basis. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3rd day of March 2021 by the following vote: AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons , Mary-Lynne Bernald NOES: ABSENT: ABSTAIN: AvtfsY/ /------~ CMC City Clerk Yan Zhao , Mayor DA TE: 3 /'i / 2--1J L// j 13 ADMINISTRATIVE POLICY PURCHASING POLICY In conformance with Co Sections 2 -45 and 12-15 .vu,u'-\)1..:ufect' e ate: 7 /23/20 l 5 PURPOSE This document defines the administrative policies and procedures for the procurement of supplies, equ ipment, and services for the City of Saratoga, in conformance with Federal and State codes and regulations , and City Ordinances No . 2-45 and 12-15 . The purpose of this policy is to establish procurement authorization levels, and to provide uniform guidelines for procurement activities to ensure proper and efficient procurement activity. II. PURCHASING POLICY OBJECTIVE The basic purchas ing policy objective of the City of Saratoga is to obtain quality supplies, services, vehicles and equipment needed for the proper operation of various activities at the lowest possible cost. This will be accomplished through the use of quotes and competitive bidding whenever practical. ill. DEFINITIONS For purposes of this policy, the following words and phrases shall be interpreted as follows: Cost -as applied to a single transaction for the purchase of supplies or services, means the total amount to be expended by the City, exclusive of sales or use tax. Cost does include amounts expended for delivery , set-up, testing, and included maintenance services . Department Director -Refers to the manager overseeing the entire department. In the case of vacancy or absence, to mean the interim or acting department director. Formal Bid-As defined in code section 2-45.130, a written request for bids shall be posted to official publication sites with detailed bid specifications and requirements. Submitted bids are sealed and opened at a stated time and place . The Purchasing Agent submits the bid results to the Purchasing Officer and City Council with a recommendation for the award of bid. Informal Bid -A request for a written or verbal quote to furnish supplies , equipment, veh icles, or services in conformity with specifications and delivery terms, at a guaranteed maximum cost. A minimum of two bids is required unless there are extenuating circumstances or exemptions. Liability Insurance -City-employed vendors are required to maintain minimum public liability insurance of $2.,000 ,00 0 fo r each o.c_c..un:.e11c ... e ... .naming _t he_City_o.f.S.aratoga,jts _emplo~ees,_officers,--- representatives, agents , and officials as additional insured . The City 's Risk Manager has the discretion to authorize exceptions to reduce the minimum coverage to $1,000,000 for certain low- risk activities , and to increase the minimum coverage limits for certain high-risk activities . , i' I · I 14 ADMI N ISTRATIVE POLICY Property Damage Insurance -City-employed contractors providing services on City property are required to maintain minimum property damage insurance of $1,000,000 for each occurrence naming the City of Saratoga, its employees, officers, representatives, agents, and officials as additional insured. Certain high-risk activities may require higher limits. Public Contract Code Contracts -Per City Ordinance Section 12-15 .020 and Public Contract Code Section 22002 l, public project contracts refers to agreements for the construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any facility owned, leased or operated by the City. Painting or repainting of any facility owned, leased or operated by the City is specifically called out as a public project, however maintenance work is excluded and falls under the Public Works Service Contracts. Public Works Service Contracts (Maintenance) -Refers to agreements for contract labor work that are considered maintenance work rather than public projects. The prevailing wage regulations under Labor Code 1173 apply to this type of contract labor work, setting it apart from professional, technical types or personal labor services contracts . Maintenance work, as defined by the Public Contract Code, includes all of the following: l) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. 2) Minor repainting 3) Resurfacing of streets and highways at less than one inch 4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. Purchase Order -A purchase order represents a written agreement from the City to a named vendor for the purchase of supplies or services at agreed upon product or service specifications and cost. A purchase order is created after a purchase request is approved, entered into the financial system to reserve budget funding, and signed by an authorized purchasing officer. Purchasing Agent -The term "Purchasing Agent" means City staff members authorized by the Purchasing Officer to procure goods or services on behalf of the City. Purchasing Officer -Per City code, the City Manager is the Purchasing Officer for the City. Quote -A verbal or written agreement from a vendor, contractor, or consultant to provide specific goods, supplies, or services at a stated price. Request for Proposals/Qualifications (RFPs/RFQs) -As defined in code section 2-45. l 40, the City may request written proposals or vendor qualifications in lieu of posting a request for formal bids. The process is similar to Formal Bids, however specifications are not pre-determined for the RFP/RFQ process. Instead, the vendor proposes what they determine to be the appropriate or best specifications, along with a cost in their bid. This process is typically used for selecting consultants, and for the procurement of technology related projects where there may be a number of options and the City is looking to obtain different scenarios to choose from. __________ _::...::.:.....:.,::...:..::..:::.::.::.::...::.:.::.:c.:::_c:=.:...__::_::...,__::..::.....:.:;..::.c==...c-=--::...;::__:_:.:.=--=:=..c..;:_c_;;.:..:...:..:...=..:=~_:.;:c-=:..:...::.;:;.;:_=-=c.c=------------- Services Contracts -Refers to contract labor, professional services, consulting services, and maintenance services NOT subject to the Department of Industrial Relations prevailing wage · provisions under Labor Code Section 1773. Incidental labor such as set-up, testing, and 15 maintenance of supplies where the primary purpose is to purchase the supplies are not considered services. Supplies -refers to and includes all materials, supplies, vehicles, equipment, facility fixtures, products, and other items of tangible personal property. Vendor Requirements -Proof of insurance coverage and active City business license is typically required for all City procurement of services . Active business licenses are required of all vendors doing business in Saratoga. Worker's Compensation Insurance -All contractors engaged in service on behalf of the City are required to maintain Worker's Compensation Insurance in accordance with the provisions of Section 3 700 of the Labor Code and the State of California contractor's licensing laws. IV. EXCLUSIONS FROM PURCHASING POLICY The Purchasing Officer's procurement of goods and services in excess of twenty-five thousand dollars must be approved or awarded by_ the City Council with the exclusion of the following: l. Contracts for public projects governed by the provisions of the State Public Contract Code, or the provisions of the City's informal bidding ordinance, as contained in Chapter 12, Article 12-15 of this Code . 2. Contracts governed by any State or Federal law which prescribes a different procedure. 3 . Utilities, including but not limited to, electricity, gas, water, cable, internet, or telephone service. 4. Employment contracts or collective bargaining agreements with any employee of the city and contracts for services to temporarily fill a budgeted position or perform temporary work when the need for temporary services arises. 5. Insurance, including coverage provided by any self-insurance pools in which the City is a participant. 6. Legal services, as approved by Council in the adopted budget, by contract, or by direction in City Council meetings and closed sessions. 7. The extension or renewal of existing contracts for technical or professional services. 8. Technical or professional services, where the cost is paid for by a person applying for a permit, license, or other approval. 9 . Educational, recreational, travel, or entertainment services furnished by independent contractors, where the cost is paid by persons utilizing the service. 10. Services or supplies to be furnished by another public agency. 11 . Supplies or services made in compliance with the terms and conditions of a grant, gift, or bequest to the City. 12 . Replacement vehicles, equipment, technology and facility furniture and fixtures, as authorized by the City Council in the annual operating budget or subsequent budget adjustments f3. The Purchasing Officer 1s authorized to exceeo fiis?her authorization level m the event of an emergency requiring the immediate preservation of public peace, health , or safety , and precluding action by the City Council. A separate Emergency Purchasing Policy shall take effect upon the declaration of Emergency Operations status. ') 16 ADTvlINlSTRATIVE POLICY IV. PURCHASING OFFICER By City Code, the City Manager is appointed as the Purchasing Officer for the City, and establishes procedures in accordance with the City's Purchasing Ordinance and State and federal law, including the Public Contract Code and Labor Code. As such, the City Manager has authority to procure or supervise the procurement of all supplies and services needed by the City, up to limits as defined in the City's Purchasing Ordinance. VI. PURCHASING AUTHORITY The City of Saratoga's staff level purchasing authority is centralized under the Purchasing Officer. Under this system, the Purchasing Officer establishes procurement policies and procedures and may authorize any Department Director to act as a Purchasing Agent to investigate, solicit bids, or negotiate the purchase or award of contracts for services or supplies in conformity with the procedures outlined in the City's purchasing ordinance and this purchasing policy. The Department Directors may in tum designate appropriate staff as Purchasing Agents to undertake the procurement of goods and services in compliance with said policies and procedures . An authorization memo to designate Purchasing Agents and their respective limits is reviewed and approved by the City Manager and Directors annually, and throughout the year as needed. Purcl,asing Authority Levels Under this administrative policy, there are three defined levels of authority for the purchase of goods and service contracts established either by the dollar amount, or the type of procurement. A. The Departmental authority level B. The Purchasing Officer authority level C. The City Council authority level VII. PURCHASING PROCEDURES BY AUTHORITY LEVEL Each of these purchasing authority levels require compliance with procurement procedures and limits as described under this section. Standard purchasing procedures, such as Vendor Requirements or Informal Bid Solicitation referenced throughout this Authority Level section are defined in more detail in the following SECTION Vlll: Standard Purchasing Procedures. Additional clarification on procedural direction and definitions follow in SECTION IX: Authority Level Clarifications and Exemptions. SECTION X: Additional Purchasing Guidelines provides general policy information . A. Departmental Authority Level In accordance with the Purchasing Officer's authority, Department Directors are authorized to solicit and negotiate purchases and award contracts for services or supplies under his/her area of responsibility, up to the departmental authority level of $10,000 per transaction . The Department Directors may in turn appoint departmental Purchasing Agents to carry out these activities. All purchases must abide by related transaction restrictions as described in the Authority Level Clar-ification table at the end of this· section. Purchasing procedure by category are as follows : 11 l .\ 17 ADMTNISTRA TfVE POLICY Purchases for : Goods and Services up to $1,000 • Vendor selection is based on the best judgment of authorized Purchasing Agent • Purchase orders are not required Purchases for: Goods over $1,000, up to $10,000 Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements as applicable • Obtain Department Director's approval if over Purchasing Agent's authority • Purchase Order required if purchase over $5,000 • If required, prepare Purchase Requisition and attach required information • Submit to Finance to obtain Purchase Order • Send Purchase Order to vendor, retain copy in file Purchases for : Services over $1,000, up to $10,000 (Professional, Technical, and Personal Labor services that do not require DIR) Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements • Prepare SHORT-FORM online contract and route for approval • Obtain Department approval if over Purchasing Agent's authority • When approved , prepare Purchase Requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files Purchases for: Public Works Services (DIR) over $1,000, up to $10,000 (Contract Labor services that require DIR, but are not Public Contract Code projects) Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements • Obtain selected vendor's Department of Industrial Relations (DIR) number • Prepare SHORT-FORM online contract and route for approval • When approved , prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files . • Obtain Vendor's DIR project number prior to approving l st invoice • Follow up with DIR closure when transaction completed. B. Purchasing Officer Authority Level ----ln;-accordance-with-the-City-Code,the-~ur.chasing-Off.icef----may--aut h0r-i-ze-purchast}S-Gf-goods-and1----- services up to $25,000, and if the purchase falls under the Public Contract Code provisions, up to the informal bid limit. The Administrative Services Director shall act as an alternate in performing these purchasing functions. Duties include the approval of purchases , contracts and I II ' ) ~ ( I l 18 ADMlNISTRATIVE POLICY agreements up to the Purchasing Officer's authority in compliance with this policy, as well as the procurement of purchases, contracts and agreements directed or approved by City Council. Purchases for: Goods over $10,000, up to $25,000 Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements if applicable • Prepare ST AND ARD PROCUREMENT online contract and route for approval • Prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files Purchases for: Services over $10,000, up to $25,000 (Professional, Technical, and Personal Labor services that do not require DIR) Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements • Prepare STANDARD PROFESSIONAL SERVICES online contract and route for approval • When approved, prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files Purchases for: Public Works Services (DIR) over $10,000, up to $25,000 (Contract Labor services that require DIR, but are not Public Contract Code projects) Purchasing Agents are to: • Obtain a minimum of two quotes • Obtain selected vendor's Vendor Requirements • Obtain selected vendor's Department of Industrial Relations (DIR) number • Prepare ST AND ARD PUBLIC WORKS online contract and route for approval • When approved, prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files • Obtain Vendor's DIR project number prior to approving 1st invoice •. Follow up with DIR closure when transaction completed. Purchases for: Public Contract Code Contracts up to the Informal Bid Limit (For the construction, renovation, improvement, demolition or repair of facility or infrastructure) Purchasing Agents are to : • Utilize INFORMAL Bid Solicitation process • Obtain selected vendor's Vendor Requirements ---•-Obtain-Selected-vendor-'-s-Department-of-Industrial-Relations-(:DIR-)-number------------ • Prepare STANDARD PUBLIC WORKS online contract and route for approval • When approved, prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order I ·'· I ''I.:.. l· l I I l \..''.._;I\ ~ 'l ~ .: 11 ' t, 19 I . ,., I I I • Send Purchase Order to vendor, retain copy in files • Obtain Vendor 's DIR project number prior to approving 1st invoice • Follow up with DIR closure when transaction completed. C •. City . Council Authority Level . ___ . -·--· -· -··-·-····-·-·-·-·-··-····----··---·--·---.. ---~M ·--··-·-.. Council approval is required for purchases, contracts, or agreements exceeding $25,000 except as exempted under Section IV -Exclusions from Purchasing Policy . Purchases for: Goods over $25,000 Purchasing Agents are to: • Utilize INFORMAL Bid Solicitation process • Obtain selected vendor's Vendor Requirements if applicable • Prepare ST AND ARD PROCUREMENT online contract and route for approval • Prepare and submit staff report explaining procurement circumstances and request City Council approval • If approved, prepare purchase requisition and required information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files Purchases for : Services over $25,000 (Professional, Technical, and Personal Labor services that do not require DIR) Purchasing Agents are to: • Utilize INFORMAL Bid Solicitation process • Obtain selected vendor's Vendor Requirements • Prepare STANDARD PROFESSIONAL SERVICES online contract and route for approval • Prepare and submit staff report explaining procurement circumstances and request City Council approval • If approved, prepare purchase requisition and required information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files Purchases for: Public Works Services (DIR) over $25,000 (Contract Labor services, but not under Public Contract Code, that require DIR) Purchasing Agents are to : • Utilize INFORMAL Bid Solicitation process • Obtain selected vendor's Vendor Requirements • Obtain selected vendor's Department of Industrial Relations (DIR) number • Prepare STANDARD PUBLIC WORKS SERVICES online contract and route for approval • Prepare and submit staff report explaining procurement circumstances and request City eouncil--approval • When approved, prepare purchase requisition and attach required contract information • Submit to Finance to obtain Purchase Order • Send Purchase Order to vendor, retain copy in files 20 ADMINISTRATIVE POLICY • Obtain Vendor's DIR project number prior to approving 1st invoice • Foflow up with DIR closure when transaction completed. Purchases for : Public Contract Code Contracts in excess of the Informal Bid Limit (For the construction, renovation, improvement, demolition or repair of facility or infrastructure) Purchasing Agents are to: • Utilize FORMAL Bid Solicitation process • Obtain selected vendor's Vendor Requirements • Obtain selected vendor's Department of Industrial Relations (DIR) number • Prepare ST AND ARD PUBLIC WORKS online contract and route for approval • Prepare and submit staff report explaining procurement circumstances and request City Council approval • When approved, prepare purchase requisition and attach required contract information • Submit to Finance for obtain Purchase Order • Send Purchase Order to vendor, retain copy in files • Obtain Vendor's DIR project number prior to approving 1st invoice • Follow up with DIR closure when transaction completed. VIII. STANDARD PURCHASING PROCEDURES The following purchasing authority clarification and procedural descriptions provide instructions on various steps in the Purchasing Authority section: A ..... vendor Requirements :· .. --······. If vendor is providing a service, City's Purchasing Agent to: • Provide vendor with insurance requirements and business license application forms. • Obtain a copy of certificate of insurance and verify insurance meets requirements, including naming the City of Saratoga, its employees, officers, representatives, agents, and officials as additional insured. • Verify vendor's City of Saratoga business license is active. If vendor is unlicensed, or license is expired, Purchasing Agent shall require vendor to obtain current business license as part of agreement. If vendor is providing materials or supplies: • Insurance is not required • Business license required if business is located in City of Saratoga. If vendor is providing equipment: • Insurance may be required if purchase entails vendor delivery, set-up, testing, and/or maintaining equipment as part of the equipment purchase or lease. Requirements to be determined based on situation . Contact Risk Manager for guidance . --·····--··-·· ---·--·-----•-Business-lieense-required-if-business-is-located--in-Gity-of-S-aratoga-. ------------ I· , I •• 11 ,111.. I 1·1 i...11\ ... -. _·-,, 1 1 1 \ ·'' 21 l .: I I Y C) I· SA RAT ADMI N ISTRATIV E P O LI C Y B. Informal Bid Solicitation Purchases and contracts for supplies, materials, equipment and contractual services shall be based on competitive bids/quotations whenever practical, subject to the following guidelines : Bid Solicitation • Purchasing agents shall maintain a list of qualified vendors, inclusive of suppliers, contractors, and consultants in compliance with minimum requirements, accord ing to categories of work . • When a project is to be performed, notices inviting informal bids shall be mailed to all vendors on the list. • If there is no existing list of qualified vendors, the City shall mail a notice inviting informal bids to trade journals or trade boards, post on City website, or other method of notification. • The notice inviting informal bids shall describe the project in general terms, provide contact information on how to obtain detailed information, and state the time and place for the submission of bids . Notices shall be sent or posted not less than ten calendar days before bids are due . • Bid documentation is to be retained in Purchasing Agent's vendor or project file . Informal Bid Award • Sealed bids are to be opened by designated staff. • Purchasing Agent to notify lowest responsible bidder of purchase/contract status and follow with City 's purchasing requirement procedures. C. Formal Bid Solicitation With Formal Bids, departments undertake a more extensive bid solicitation process. Departments prepare a formal solicitation request known as either Request for Proposal (RFP) or Request for Qualifications (RFQ) Bid Solicitation • An RFP/RFQ shall define the terms, conditions, and specifications of goods or services required by the City . An RFP is primarily intended for large or complex projects where cost and performance are equally important. An RFQ is primarily used for professional/consultant services. An RFP/RFQ is to be used whenever the acquisition of goods and/or services is multi-faceted and carries a high possibility of liability for the City. • Notification of the RFP/RFQ may include various methods of publication or advertisement for solicitation, such as: posting on the City's website, postings in community newspapers or trade media formats, on the City's Civic Center Bulletin Board, or through direct mailings to known vendors . • The RFP/RFQ must contain sufficient information to define the work and other details to the reader, and the date and time at which the bids will be publicly opened and read. If expanded documentation is available, the RFP/RFQ must indicate the cost, if any, plus the procedures-for -acquirin g-such-documents-. ---------------------- ; \•fl ! .·, '1.,_'{ I . ) ~ . I}! ~ l) 22 Formal Bid Award • All formal bid opening dates will be at a time, date, and location specified in the RFP/RFQ. The City Clerk, or a designee, will publicly open and declare the content of bids received at the time and place specified. • Bid results will be made available to all interested parties as soon as possible following the bid reading. The Purchasing Agent shall report the results of the bidding and recommendations for contract award to the City Council in a staff report at the next City Council meeting. • The City Council has established a policy allowing for a minimum of two bids. If only one bid is obtained, the initiating department may exercise the option to extend the bid period up to 30 days, without opening the submitted bid, to allow for additional bids. Alternatively, the department may defer action pending City Council decision. • If the determination is made to open the sole original bid, the council may; 1) re-advertise; 2) order the work done by City employees; 3) award the contract to the sole bidder based on a cost analysis evidencing the relationship of the one bid to expected market price; 4) negotiate a contract to the best advantage of the City. Formal Bid Solicitation Exceptions: A contract for the purchase of supplies or services in excess of twenty-five thousand dollars may be awarded by the City Council without competitive bidding in the following cases: • Where the City Council determines that the immediate preservation of the public peace, health or safety requires the purchase to be made without competitive bids. • · Where the supply or service required by the City can only be obtained from a single source. • Where the contract is for specialized or professional services such as, but not limited to, services rendered by architects, engineers, auditors, attorneys, appraisers, geologists, and other specialized consultants. • Where the City Council utilizes a request for proposal or qualifications method of purc~ase. • Where the City Council determines that use of the competitive bidding process is impracticable or impossible, or would not be likely to result in a lower price to the City from a responsible bidder, or would cause unnecessary expense or delay under the circumstances. • Where the City makes use of another government's purchasing agreements or bid prices, in lieu of competitive bids if the other city, county, or public agency's purchasing agreements or bid prices are established under similar competitive bidding procedures. IX. AUTHORITY LEVEL CLARIFICATIONS AND EXEMPTIONS i',,i, I Purchasing authority for related transactions and multiple year contracts are defined below to clarify interpretation: Purchasing Officer Authority Level City Council Authority Level • Single transaction purchase of supplies or • Supplies and services transactions in excess services up to $25,000 of$25,000 • Purchases or service agree1nents directed or • Related supplies & materials transactions . I' ,I, 111 23 ADMI N IS TRATIVE POLICY approved by City Council, or fall under the with same vendor, that would in total exceed Purchasing Policy exclusions. $25,000 in the same fiscal year • Single year annual service contract up to • Single year annual services contracts in $25,000 excess of $25,000 • Related services transactions with same vendor, that would in total exceed $25,000 in the same fiscal year Multiple year annual service contracts up to • Multiple year services contracts in excess of $25,000, with an option to enter into a $25,000 per year subsequent agreement for services under the • Multiple year services contracts with same terms for up to two successive years -IF automatic extensions that total more than the City must agree to the extension on a year-$25,000 by-year basis • Multiple year services contracts which are longer than three years D. Purchase Orders A Purchase Order is required for the purchase of materials, supplies, and equipment exceeding $5,000, and for services exceeding $1,000. Purchasing Agent to: • Complete purchase requisition process (financial system) entering City Purchasing Agent, vendor name and address, purchase information/specifications, and expenditure account(s) to be charged. • Attach copy of quote/bid documentation to form if available. • Note status of insurance and business license information, attach document if available. Finance to: • Verify signatures, business license, insurance, account coding, and funding availability. • Process purchase requisition, to create purchase order. • Distribute copies of the purchase order to the Purchasing Agent and vendor, and retain a file copy. E. Contracts The City uses standard contract templates for most purchase and service contracts. The contracts are created in an online system to provide distributed access and concurrent processing. Upon completion of contract development, the Purchasing Agent inputs the contract data into the template, and when complete, initiates the routing process for contract approval. Under this purchasing policy, which excludes public works projects, there is a short form contract for purchases up to $10,000, and a standard contract agreement for purchases in excess of $10,000. Both types of contracts require the following information be entered into the template forms: • Scope of work I l 24 ADMINISTRATIVE POLICY • Contract term (timing) • Payment information ( cost and payment structure) • Vendor information • City Purchasing Agent/contact information • Insurance requirements and compliance documents • Other information may be required or included as needed Sl,ort Form Contract-$1,000 to $10,000. A Short Form Contract is used for service contracts from $1,000 up to $10,000. This contract form contains basic contract terms for smaller, less complex procurements. After following the informal bid solicitation procedure, the Purchasing Agent finalizes the contract specifications with the selected vendor, and inputs all required information into the Short Form Contract template. Standard Contract Agreement -exceeds $10,000 The Standard Contract Template is used for contracts in excess of $10,000. This contract form contains more explicit contract terms for the larger, more complex procurements. Informal bid solicitation procedures may be followed for contracts up to $25,000, however formal bid solicitation procedures are used for those contracts in excess of $25,000 and brought to Council for approval. After following the applicable informal or formal bid solicitation procedures, the Purchasing Agent finalizes the contract specifications with the selected vendor, and inputs all required information into the standard contract agreement template. When contract form information is complete, Purchasing Agent initiates the routing process: • Department Director to approve contract procurement • Finance official to verify funding availability • Risk Manager to verify insurance requirement compliance • City attorney to verify legal accuracy Upon successful completion of the routing process, the Purchasing Official may sign the contract. X. ADDITIONAL PURCHASING GUIDELINES The following additional guidelines for procurement activities are established to ensure proper and efficient procurement activity: Cooperative Purchasing The Purchasing Officer has the authority to join with other units of government, with quasi- governmental agencies funded in whole or in part by the City, and with other purchasing associations in cooperative plans when the best interest of the City would be served. If identical products may be obtained at lower price than current purchasing cooperative contracts, no additional quotes are necessary. Emergency Purchasing Policy ----------------------Ah emergency 1s clefinecl as an 1filerruption of essential services, or a disfincflfireat to public health, safety, or welfare. In the case of an emergency requiring the immediate purchase of supplies, materials, equipment or contractual services, the City Manager or designee may declare 25 ADMINISTRATIVE POLICY an emergency, upon which the Emergency Purchasing Policy and Procedures are in effect , and thereby supersedes th is policy. Sole Source Vendors The City has established a practice requiring a minimum of two bids. In some cases, goods or services may only be obtained by a single vendor due to proprietary factors, existing contract provisions, compatibility requirements, or similar constraints. In those cases, departments would be unable to obtain additional quotes, and shall note the limitation circumstances on bid documentation. Term Contracts A term contract for goods or services may be used when there will be recurring purchases from the same vendor over the course of the fiscal year. The contract amount is set at a not-to-exceed amount. An example is for backup janitorial services on an as-needed basis . A term contract allows for the prompt availability of janitorial services at short notice , while ensuring all procurement requirements are completed. Open Purchase Order A term contract requires an open purchase order. The purchase order set at the not-to-exceed contract amount will restrict the budgeted funding from being used for other purposes. Open purchase orders are closed at the conclusion of each fiscal year. 'lj( _i l•;._ ,, I \ 26 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 1 of 8 City of Saratoga Donation Policy I. Purpose Members and supporters of the Saratoga community from time to time wish to support the community by making donations to the City of Saratoga. The City Council appreciates this generosity and has adopted this policy regarding donations to the City of Saratoga, including City departments and City sponsored programs, activities, and events. (This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga employees with a clear standard about when it is acceptable and prohibited to accept gifts from a member of the public, a business, an organization, or other entity.) II. Definitions 1. Donation: a contribution made to the City without expectation of goods, services, or significant benefit or recognition in return. Donations may be in the form of money or in-kind contributions of products, services, investment securities, real property (land), or any combination thereof. A donation may be unrestricted, where the donor has placed no limitation on its use, or restricted, where the donor has restricted its use to a specified purpose. Donations that, if accepted, would obligate the City to enter into a service, procurement, or other agreement shall not be considered a donation. Grants to the City from a local, state, or federal agency are not subject to this policy. 2. Donor: Any organization or individual who provides the City with a donation. 3. Donation Agreement: An agreement between the City and the donor that details any restrictions on a donation as well as the respective obligations of the donor and the City. 4. Fundraising: Any activity conducted with the intent of generating donations to the City. Fundraising activities may include, but are not limited to, promoting endowment programs, program adoption or pledge drives, and contacting individuals, companies, foundations, or other entities with a request for a donation to the City. III. General Provisions 1. The City welcomes unrestricted donations as well as restricted donations that enhance City services, reduce costs that the City would incur in the absence of the donation, or that otherwise provide a benefit to the City. The City may decline any donation without comment or cause. 27 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 2 of 8 2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. To avoid the possible appearance of extra considerations, members of the Planning and Heritage Preservation Commissions and staff of the Community Development Department are not authorized to solicit donations to the City. 3. No City Council member, Commissioner, employee, or volunteer shall solicit donations in excess of $500 in money or in-kind services for any City project, program, activity, or event (“supported activity”) unless the City Council has approved a fundraising plan for the supported activity. A recommended form for a fundraising plan is attached as Exhibit A to be revised as appropriate for the fundraising goal and type of supported activity in question. 4. Donations must be directly related to providing goods or services to the public or for another valid public purpose. Donations may not be used for personal financial gain of any City elected or appointed official or employee. 5. The net benefit of a donation should be considered when determining whether to accept a donation. Net benefit includes all lifecycle costs of ownership, including maintenance, repair, clean-up, administrative, and any potential liability or expenses that may be associated with the donation. a. Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service. b. Potential costs and liabilities should be considered if a donation of personal property or of a service does not include the same indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services. c. Real property may be donated to the City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of the physical condition of the property or existence of claims, liens, and encumbrances against the property. 6. Council members and other City officials are responsible for reporting fundraising activities and donations as required by applicable laws and regulations. IV. Procedures 1. Unrestricted donations of $5,000 or less may be accepted or declined by the City Manager. Restricted donations of $500 or less may be accepted or declined by the 28 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 3 of 8 City Manager. Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be brought to the City Council for consideration. 2. The City Manager may choose to request City Council consideration of any donation, regardless of value. 3. The City Council shall consider proposed donations beyond the authority of the City Manager set forth above and proposed donations referred to it by the City Manager. The City Council may accept or decline any donation at its sole discretion. 4. All donations will receive appropriate recognition as determined by the City Manager or City Council at the time the donation is accepted, taking into consideration the nature and level of the donation. Upon request of the donor or if specified in a City- initiated request for donors, limited forms of promotional activity (such as logo or name placement on signs, flyers, and other materials related to a program or activity supported by the donation) are permitted. The appearance of traditional commercial advertising should be avoided and the size of donor recognition should be in keeping with the size of non-recognition information used in the materials. The agreed upon form of recognition should be identified in the donor receipt or a donation agreement. Any naming of City parks, property, or facilities shall follow the guidelines set forth in the City’s Policy Pertaining to Naming City-Owned Land and Facilities. 5. When donations with a value in excess of $100 are accepted or upon the request of the donor, the City will issue the donor a receipt indicating the amount of the donation or describing the goods or services donated within 30 days of receiving the donation. (In accordance with the Internal Revenue Code the City does not provide an estimated value of in-kind donations; donors may refer to IRS Publication 561 for more information on valuing donated property.) The donation receipt shall also include the date of the donation, the name of the donor, the purpose of the donation (if a restricted donation), a brief description of any public recognition that will be made by the City, and note that the donor received no goods or services in exchange. The original receipt shall be submitted to the donor and the City shall retain a copy. A sample donation receipt is attached as Exhibit B. 6. Before acceptance of a restricted donation valued at more than $500 or an unrestricted donation valued at more than $5,000, the respective obligations of the donor and the City shall be set forth in a donation agreement. A sample donation agreement is attached as Exhibit C. The City Manager or City Council may require donation agreements for donations valued at any amount. 29 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 4 of 8 7. The City shall maintain records for the receipt of all donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest of a City Council member that person shall determine whether a Form 803 (Behested Payments Report) is required pursuant to the Political Reform Act. 30 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 5 of 8 EXHIBIT A – FUNDRAISING PLAN FORM City of Saratoga Fundraising Plan Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising project. Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising. Donation Type/Amount: Please describe the types and amount of donations that will be sought. Anticipated Donors: Please describe who will be approached for donations. Donor Recognition Plan: Please describe how donors will be recognized. Fundraising Timeline: Council Review of Fundraising Plan: Fundraising Start: Fundraising Completion: Council Review of Donations: Donor Recognition Complete: Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan. 31 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 6 of 8 EXHIBIT B – SAMPLE DONATION RECEIPT City of Saratoga Donation Receipt This is to confirm that on __________________ [insert date] the City of Saratoga received from __________________________________________________ [insert donor name and address]:  a monetary contribution of $_________________  a non‐monetary contribution consisting of [describe goods, services, property, securities, etc.]: No goods or services were provided by the City of Saratoga in return for the contribution. The City sincerely appreciates your donation. _______________________ Mary Furey Administrative Services Director City of Saratoga 32 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 7 of 8 EXHIBIT C – SAMPLE DONATION AGREEMENT City of Saratoga Standard Donation Agreement The undersigned Donor wishes to make a donation to the City of Saratoga as described in more detail below. Donor is (check and complete all that apply):  donating $_________________________ in a lump sum  donating $_________________________ in __________________ (monthly, quarterly, etc.) payments of $_________________________ in __________________ installments.  donating the following (describe products, services, investment securities, real property, etc.):  If this box is checked the City’s acceptance of the donation described above is subject to the conditions specified on Attachment 1.  If this box is checked this donation is restricted to the following uses: City will publicly recognize donor by (describe recognition):  If this box is checked this donation is being made at the behest of Council Member/Commissioner/City Staff Member __________________________. In connection with administering this agreement, Donor and City shall work through the following primary representatives: City of Saratoga Donor Primary Representative: Address: Telephone: Fax: Cell Phone: E-mail: 33 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 8 of 8 In addition to the foregoing, Donor and City understand and agree that: 1. The City will provide Donor with a donation receipt indicating the amount of the donation or estimated value of goods or services donated within 30 days of receiving the donation. 2. Donor’s contribution to the City will be recognized publicly as described above. 3. Except as provided above, the City may use the donation in any manner at its sole discretion and Donor has no right or obligation to control City’s use of the donation. 4. Donor has not and will not receive any goods or services in exchange for the donation and the City will not grant any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. 5. Donor confirms that unless indicated otherwise above this donation is not made at the behest of a City Council Member or of any member of the Planning or Heritage Preservation Commissions or staff of the Community Development Department. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Donor City of Saratoga James Lindsay, City Manager Name Title Date: Date: ATTEST: Crystal Bothelio, City Clerk Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: 663906.5 34 CITY OF SARATOGA Memorandum To:Public Art Committee From:Kayla Nakamoto, Administrative Analyst Date:March 16, 2021 Subject:Paint the City 2021 The deadline to submit applications for City’s program, Paint the City was on January 31. A total of 70 qualified applications were submitted for consideration. At the February 8, 2021 meeting, the Library & Community Engagement Commission reviewed the applications and selected 3 designs for each of the 3 utility box locations that were recommended to the Public Art Committee for consideration. At the February 16, 2021 Public Art Committee meeting, the Committee finalized the top designs for the 3 utility box locations. Selected designs for each location were posted on Peak Democracy for residents to rank. Residents had until March 8, 2020 to cast their votes. There was a total of 343 resident voters who participated. The summary and voting results of each location are attached. Per the Public Art Policy, a formal recommendation to place the artwork is required before artwork is presented for City Council approval at the April 7, 2021 meeting. Following Council approval, Paint the City volunteers and selected artists will be invited to the April 21, 2021 meeting to be recognized. Attachments: -Paint the City 2021 Voting Results 35 Paint the City 2021 Voting Results Page 1 of 3 PAINT THE CITY 2021 VOTING RESULTS Summary Voting Opened February 22, 2021 Voting Closed March 8, 2021 Total Number of Voters 394 Total Number of Resident Voters 343 Results of Resident Voting Location 1 (Saratoga & Cox) Artwork Option Total Votes Option 1 – Ella Zhang 106 Option 2 – Lorraine & Mara Sheu 64 Option 3 – Shannon Wang 130 36 Paint the City 2021 Voting Results Page 2 of 3 Location 2 (Saratoga & Scotland) Artwork Option Total Votes Option 1 – Lavana & Zerlina Lai 47 Option 2 – Starr Davis & Deb Conway 126 Option 3 – Tiffany Huang & Audrey Tang 104 37 Paint the City 2021 Voting Results Page 3 of 3 Location 3 (Quito & Pollard) Artwork Option Total Votes Option 1 – Clementine Dickson-Child 66 Option 2 – Jasmine Qin 106 Option 3 – Susan Seichrist 114 38 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Assistant City Manager Date: March 16, 2021 Subject: Courtyard Sculpture In recent months, the Public Art Committee has been discussing options for a sculpture program. Most recently efforts have focused on working with a local artist to place a sculpture at Saratoga Gateway and at the City Hall Courtyard. At the August 2020 meeting, artist Colleen Wilcox shared some of her artwork that she felt comfortable loaning to the City. At the September meeting, the Committee asked staff to see if the City could loan Keeping Watch, Grace, and Electra for placement at the City Hall Courtyard. Colleen let the City know that all 3 pieces are available to be leased. Subsequently, the Committee approved placement of Keeping Watch, Grace, and Electra in the City Hall Courtyard for up to 3 years pending discussion with Saratoga Rotary about relocating the existing fountain that was donated by Saratoga Rotary in in March 2000. Since then, the draft lease was shared with the artist. In response, the artist requested an honorarium of $3,000 for a 3-year lease of the 3 busts. Alternatively, the artist informed the staff that the City could purchase the 3 busts for $10,000 with the option for a deferred payment plan over 3 years. Each bust is valued at $5,000 each by the artist. Staff is seeking guidance from the Public Art Committee on whether to proceed with the 3-year lease with an honorarium of $3,000 or to begin discussions with the artist on the option to purchase the artwork. 39 In addition, the president of Saratoga Rotary proposed that the fountain currently located in the City Hall Courtyard be relocated to allocation that is visible and not covered or hindered by landscaping. The president also requested that the associated plaque for the fountain be more visible. Staff will be considering placement options that fit these criteria. Attachments: - Photos and descriptions of Keeping Watch, Grace, and Electra 40 Keeping Watch represents women’s sense of responsibility for keeping children safe - their own and others. Constantly mindful of the needs of others while engaged in a myriad of other tasks. That ever-present protective eye on the needs of others around them. 41 Grace suggests that feeling of deep gratitude when having witnessed human goodness, the beauty of the world or tenderness toward others when we become acutely aware of our interdependence. 42 Electra represents those times when we are faced with indecision. It’s the choosing between alternatives which have profound ramifications for ourselves and others. It’s the time before we move forward in one direction or the other. 43 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Assistant City Manager Date: March 16, 2021 Subject: Banksy-Style Street Art At the December 2020 Public Art Committee meeting, Advisory Member Maggie Tsai proposed that the Committee consider opportunities to do public art projects inspired by the artist Banksy. Advisory Member Maggie Tsai will be presenting information about Banksy-style street art at the March 2021 meeting. Attachments: - Presentation Slides 44 Banksy Street Art 45 Banksy is a pseudonym for an England-based street artist. Distinctive stenciling technique.46 Integrating the environment.47 Many pieces combine dark humour with graffiti. 48 49 Street Art Inspired by Banksy 50 Something similar on Big Basin Way 51 AfterBefore 52 AfterBefore 53 AfterBefore 54 AfterBefore 55 AfterBefore 56 AfterBefore 57 AfterBefore 58 AfterBefore 59 AfterBefore 60 Pros: ●Fun project ●Turning stones into gems Cons: ●Individual spots ●Relatively high requirements on artists 61 Street Post Art 62 63 Crossroad of Saratoga Ave. and Saratoga-Sunnyvale Rd., opposite fire station 64 Street Post Wire Art by Spencer Little 65 66 67 68 69 https://thinkspaceprojects.com/artis ts/spenser-little/ 70 Extra Miles for Funart 71 CITY OF SARATOGA Memorandum To:Public Art Committee From:Kayla Nakamoto, Administrative Analyst Date:March 16, 2021 Subject:Public Art Budget This item has been placed as a standing item on the Public Art Committee meeting agendas to provide regular budget updates. The table below shows the estimated amounts that are projected to be spent on each project and the actual expenditures. The bottom of the table shows the remaining balances in the CIP, Lease and operating funds. The Committee discussed some of the possible public art costs for Fiscal Year 2020/21. The budget below reflects the programs and activities that the Committee agreed to consider for Fiscal Year 2020/21. Expenses can be adjusted based on Public Art Committee priorities. Additionally, many of the costs can be scaled. Since the February 16, 2021 meeting, the budget table been updated to reflect the following expenditures. -No expenditures in the past month. Fiscal Year 2020/21 Budget Public Art Programs CIP (est.) CIP (act.) Lease (est.) Lease (act.) Operating (est.) Operating (act.) Sidewalk Hopscotch $750 $435 Saratoga ROCKS $600 Rainy Day Poetry $1,750 $690 Paint the City 2021 $2,400 $200 Wall Mural $2,500 $2,500 Sculpture Program Shadow Art $3,500 PLACE Lease $1,500 $1,500 Total Expenditures $6,000 $2,500 $1,500 $1,500 $5,500 $1,325 Original Allocation $31,000 $31,000 $1,500 $1,500 $6,600 $6,600 Balance $25,000 $28,500 $0 $0 $1,100 $5,275 72 Public Art Committee Agenda Planner – March 2021 – Page 1 City of Saratoga Public Art Committee MEMBERSHIP NAME POSITION Mary-Lynne Bernald, City Council Member Voting Kookie Fitzsimmons, City Council Member Voting Cristina Meiser, Chair Library & Community Engagement Commission Advisory Judy Dennis Advisory Maggie Tsai Advisory City Staff: Crystal Bothelio, City of Saratoga | 408.868.1269 | cbothelio@saratoga.ca.us Kayla Nakamoto, City of Saratoga | 408.868.1208 | knakamoto@saratoga.ca.us AGENDA PLANNER The Committee holds regular meetings on the 3rd Tuesday of the month at 4:00 p.m. MEETING AGENDA ITEMS January 19, 2021 • Minutes • 2021 Meeting Schedule • Shadow Art Program • Public Art Budget • Updates on Existing Projects February 16, 2021 • Minutes • Paint the City 2021 Top 3 Recommendations • Gateway Sculpture Options • Courtyard Sculpture Update • Nuts About Saratoga Acorn Replacement • Public Art Policy Amendment • Public Art Budget • Updates on Existing Projects March 16, 2021 • Minutes • Public Art Policy – Purchased, Leased, Donated Art • Paint the City 2021 Final Recommendations • Courtyard Sculpture • Banksy-Style Street Art • Public Art Budget • Updates on Existing Projects April 20, 2021 • Minutes • Public Art Budget • Gateway Sculpture Goals and Values • Shadow Art Program 73 • Wall Mural Opportunities • Rock Painting Virtual Event for People with Disabilities • Updates on Existing Projects May 18, 2021 • Minutes • Public Art Budget • Updates on Existing Projects June 15, 2021 • Minutes • Public Art Budget • Updates on Existing Projects July 20, 2021 • Minutes • Public Art Budget • Updates on Existing Projects August 17, 2021 Meeting Canceled September 21, 2021 • Minutes • Public Art Budget • Updates on Existing Projects October 19, 2021 • Minutes • Public Art Budget • Updates on Existing Projects November 16, 2021 • Minutes • Public Art Budget • Updates on Existing Projects December 21, 2021 • Minutes • Public Art Budget • Updates on Existing Projects ROLES AND RESPONSIBILITIES 1. The Public Art Committee is responsible for considering and recommending opportunities for public art in Saratoga and authorizing placement of public art in the City of Saratoga in compliance with the City’s Public Art Policy; and 2. The Public Art Committee consists of two Saratoga City Council members appointed by the Council each year for a one-year term and three non-voting advisory members. Advisory members shall serve terms of one calendar year and may be reappointed. Two of the advisory members shall be appointed by the voting members of the Committee and one shall be a member of the Library and Community Engagement Commission appointed by that Commission. Advisory members may be removed at any time for any reason by vote of the Public Art Committee. 74 PUBLIC ART PROJECTS #SaratogaROCKS Paint, place, and post to let the world know that #SaratogaROCKS! Paint your own rocks or borrow a free #SaratogaROCKS kit from the City of Saratoga to get started. Place and find #SaratogaROCKS throughout the community and share your rocks and the ones you find on social media. Bicycle Racks In 2019, the City installed new decorative bicycle racks. These fun bicycle racks are both decorative and functional pieces of art. They are located at the Saratoga Library, the Civic Center complex, and Blaney Plaza. CHALK Full of HeART Over the summer of 2020, the Public Art Committee hosted a virtual chalk art event. Residents were invited to share photos on social media of their sidewalk chalk art using monthly themes for inspiration. Count Your Blessings Bench On the “Count Your Blessings” bench, you will find life-sized bronzes of Willys and Betty Peck. These two Saratoga residents were a critical part in the development of Saratoga’s character and community. The bench was inspired by Willys and Betty’s practice of sitting together every day to count their blessings. This bench was created and installed in 2017 in Blaney Plaza. Hopscotch At their meeting in October 2020, the Public Art Committee agreed to place artistic hopscotch squares using chalk spray at Wildwood, Azule, and Gardiner Parks. Mikrokozmosz Mikrokozmosz is a mural located in the Joan Pisani Community Center that was created by artist Pavel Mester. The mural is inspired by Robert Schumann’s Piano Quartet in E flat Op. 47, interpreted by Tamami Honma. The painting is comprised of 3 pieces that is hung side by side. The artwork of Pavel Mester was a donation to the City of Saratoga arranged with the assistance of the Cal Arte Music Foundation and Charles Aznavour. Nuts About Saratoga In Spring 2020, six bronze acorns were installed throughout the City as a fun scavenger hunt for Saratoga residents and visitors. Clues have been developed to help participants find the location of each acorn hidden as part of the Nuts About Saratoga program. 75 Silly Walks In 2020, the Public Art Committee placed signage in the Village and on Joe’s Trail encourage the public to be silly, especially during challenging times. When the public sees the signs, they’re encouraged to let loose, get creative, and record themselves doing their best silly walk and then share the photo or video on social media. PLACE Bench This steel five letter bench was created by the artist Steven Simon in 2008 and is being leased from Montalvo Arts Center. The PLACE bench is located outside of the Saratoga Library and is often used by Library patrons who use it enjoy their latest read in the open air. Paint the City The City of Saratoga started the Paint the City program in 2018 to turn plain utility boxes into works of art. The Public Art Committee reviews conceptual artwork submitted by Saratoga residents age 10 and older and selects up to 3 options per location. The top 3 selections are posted online for public voting where residents can engage in the process by selecting their favorite conceptual design per location! Rainy Day Sidewalk Poetry In 2020, the Public Art Committee launched the Rainy Day Poetry Program. Poems were painted at several locations throughout the City using paint that can only be seen while wet. Village Wall Mural The Public Art Committee worked with local artist, Michelle Liu, to get the agreement of the owner of the Mint Leaf Cuisine in Saratoga Village and the property owner to paint a mural on the outside wall of the restaurant. On November 4, 2020, the City Council authorized placement of the mural. 76