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gystink · 4 years ago

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Request for Qualifications: The City of San José/ Santa Clara Valley - Capitol Light Rail Extension (USA)

Santa Clara Valley - Capitol Light Rail Extension 200 East Santa Clara Street, 12th Floor San José, CA 95113 APPLY NOW Contact Email: [email protected] Call Type: Public Art Eligibility: National State: California Entry Deadline: 7/2/21

REQUIREMENTS: Media Images - Minimum: 8, Maximum: 8 Video - Minimum: 0, Maximum: 1 Total Media - Minimum: 8, Maximum: 9

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INVITATION TO SUBMIT QUALIFICATIONS Submission Deadline: Friday, July 2, 2021,10:59 p.m. Pacific Time (11:59 p.m. Mountain Time) Downloadable RFQ and Addendum 1 available for download here: https://www.sanjoseca.gov/your-government/departments/office-of-cultural-affairs/public-art/for-artists

I. BACKGROUND

Eastridge to BART Regional Connector (EBRC) is the last phase of the larger Capitol Expressway Transit Improvement Project that transforms San Jose’s Capitol Expressway into a multi-modal boulevard offering Bus Rapid Transit (BRT), light rail transit, and safe connections to the regional transit system.

This 2.4-mile extension of VTA’s light rail “Orange Line” will extend from the Alum Rock Station (on Capitol Avenue) to the Eastridge Transit Center (on Capitol Expressway). The extension will be constructed on an elevated track operating in the median of Capitol Expressway and includes two new stations. At Story Road plans include an elevated station that will be accessed by a pedestrian bridge. The Eastridge Transit Center, one of the busiest hubs in VTA’s transit network, will acquire a new ground-level station. Work at this location will also include an expansion of the existing Park-and-Ride. The overall project also includes new traction power substations at Ocala Avenue and Eastridge Transit Center.

When complete, VTA riders will be able to board light rail at the Eastridge Station, and connect directly with BART at Milpitas Station, the northernmost BART station in Santa Clara County.

II. PUBLIC ART PROJECT OPPORTUNITIES

Public Art will be an important feature of the EBRC Project distinguishing VTA as a visible and significant part of the city landscape. Public Art will also contribute to the vibrancy of the cityscape, promote neighborhood pride by strengthening the unique character of the individual stations as landmarks, create engaging experiences for pedestrians and transit users, and reinforce intuitive wayfinding.

The primary opportunities for artwork are located at the Story Road and Eastridge Transit Center stations. These sites allow for both discrete sculpture as well as integrated plaza enhancements. While VTA is open to receiving recommendation for other opportunities within the overall budget, and without impact to project schedule, the final site selection shall be at VTA’s sole discretion.

Story Road: Commuters from the surrounding community connecting to downtown San José, or BART at the Milpitas Station will be the predominate users of Story Station. The street level pedestrian area at the Southeast and Southwest drop off zone has been initially (although not exclusively) identified as the primary public art site.

Eastridge Transit Station: Eastridge Transit Station is an end-of-the line station. It is adjacent to the busy Eastridge Mall, in proximity to Lake Cunningham Recreation Area, and will be one of the busiest stations in San José. Here the Park-and-Ride is being reconfigured, offering opportunities to distinguish the adjoining plaza.

Additional context (e.g. site overview of the transit line, renderigs of the stations, existing photos, etc.), for reference are available in the "View Floor/ Site Plan" link provided above, and attached to the downloadable RFQ as Appendix I. We are seeking 2 artists/artist teams (one for each site) with diverse skill in object making, material integration, and community outreach and engagement. A wide range of artistic approaches is acceptable for these opportunities, but ultimately the work must be appropriate for conditions of an exterior installation.

III. ARTIST ELIGIBILITY

This opportunity is open to individual artists or artist-led teams working and living in the United States. All applicants must be at least 18 years of age and have all necessary documentation and permits to work in the United States at the time of submittal of qualifications. If submitting as a team, a professional artist must be the lead team member.

To be eligible, artists must demonstrate experience developing and implementing projects in public space with a budget of $200,000 or greater.

Note: one of these commissions will be reserved for Bay Area region artists defined as artists living and working in one of the following counties: Alameda; Contra Costa; Marin; Napa; Santa Clara; Santa Cruz, San Francisco; Sonoma, Solano, and San Mateo.

IV. PROJECT BUDGET & SCOPE

There are two discrete opportunities. The total budget of each project shall not exceed $450,000, which includes all expenses related to the research, community outreach, design, fabrication, delivery and installation of artwork as follows:

Artist Fee: $70,000 for completion of the following:

Research and investigation including, but not limited to, review of background documents and data to understand the EBRC design documents, project area, and community.

Community outreach and engagement, including discussion with key stakeholders and public meetings with community members for the purpose of understanding the diverse community, their goals and values. The engagement process is intended to build community awareness, stewardship, and provide input and feedback for creative inspiration. Based on COVID-19, artist will work with VTA and SJPA to co-create a virtual process as appropriate based on health guidelines.

Preparation of concept, schematic, and design development proposals including: dimensioned plans and elevations describing the artwork design, installation plan, colors, materials, fabrication processes, costs, schedule (from fabrication through installation), and maintenance specifications. Artists will also provide renderings, models and other visual material to adequately illustrate how the artwork will appear when installed.

Presenting the design proposal to project stakeholders including, key community stakeholders, the VTA, and San José Public Art Committee for approvals.

Based on the approved Design Development Proposal, preparing construction documents and specifications (CDs”) for the artwork. Artist will be responsible to provide the services of all licensed design professionals, engineers, fabricators, installers, and other consultants, as needed, to ensure artwork’s code compliance, structural integrity, and durability.

Fabrication and Installation: Up to $350,000 for each location may be allocated for fabrication and installation as determined by the approved Design Development Proposal including, but not limited to: off site fabrication; transportation to site, and final installation; developing comprehensive operation and maintenance specifications, required staff training, and preparing final as-built documentation.

Contingency: In addition to the fabrication and installation budget a contingency of $30,000 is set aside to cover unanticipated costs that are the result of critical, unforeseen circumstances, which impact the artist’s ability to deliver the Project within budget. The VTA retains unused contingency funds and must approve of the use of them.

V. CONTRACT

The Artist will enter into a three-party agreement between VTA and the City of San José. The Exemplar agreement is attached as Appendix II to the downloadable RFQ available online at the City of San Jose Public Art Program website "For Artists": https://www.sanjoseca.gov/your-government/departments/office-of-cultural-affairs/public-art/for-artists

Artists are asked to review this contract prior to submitting for this project and refer any questions to SJPA staff or to your own legal counsel as necessary. If you cannot access this agreement via the Internet, please request a copy be mailed to you prior to the submittal deadline so you may review it in advance of your application. Final award shall be contingent upon selected artist/team accepting Terms and Conditions of the agreement in conformity to the terms listed in the referenced document. City reserves the right to accept an offer in full, or in part, or to reject all offers. The selected artist must comply with any local business licensing requirements including any local Business Tax requirements and will be required to obtain Automobile Insurance and General Liability Insurance coverage in conformance with requirements as directed in the three-party agreement.

VI. PROJECT SCHEDULE AT-A-GLANCE*

RFQ advertised Monday, April 26, 2021

RFQ Submittal Deadline July 2, 2021

Artist Selection July 2021

Contracting August 2021

Research & Concept/Schematic Development September - November 2021

Concept/Schematic Proposal Review December 7, 2021

Design Development December 2021 – January 2022

Design Development Proposal Review February 1, 2021

Construction Documentation February – March 2022

Fabrication, Installation, and Completion TBD - prior to Winter 2025

* This is a typical schedule; dates may be subject to change.

VII. SELECTION PROCESS

There will be a two-phase selection process:

Short List: A selection panel will review artist qualifications, statement of interest, and past work examples with the goal of selecting 4 - 6 finalist artists for interviews. Qualifications, work samples and statement of interest must be submitted through CaFÉ™ per instructions below. Artists need only submit once and will be considered for both opportunities. NOTE: Specific proposals are not requested and will not be reviewed at this time.

Finalist Interviews: Interviews will be conducted virtually and will focus on prior experience of the artist/team; artists’ conceptual approach to developing artwork for specific sites; and strategies for creative virtual community engagement.

VIII. RFQ SCHEDULE

The following is the schedule for the artist selection process:

RFQ advertised Monday, April 26, 2021

Last date to submit questions/objections Friday, May 7, 2021

RFQ Closing Date Friday, July 2, 2021

Selection Panel / Short listing Week of July 12, 2021

Artist Interviews and Selection Week of August 1, 2021

Once selected and contracted, a site visit will be scheduled for commissioned artists to begin site investigations. The timing of this activity will be based on COVID-19 status, design development priorities, and other goals as determined collaboratively with artists.

IX. QUALIFICATION SUBMITTAL

Qualifications, work samples, and statements of interest shall be submitted through CaFÉ™ in accordance with the instructions below; there are no exceptions.

Staff will preview all submissions for completeness prior to Selection Committee review and may reject incomplete or non-responsive submissions.

While submittal through CaFÉ is free to artists, any other potential costs associated with responding to this request are to be borne by the Artist.

X. SELECTION CRITERIA

Aesthetic excellence of past projects; appropriateness of prior concepts as they relate to EBRC project goals and opportunity.

Experience and/or interest in creating public artworks in collaboration with stakeholder group.

Interest in innovating virtual and/or socially distant community engagement strategies.

Experience developing artworks in outdoor environments.

Experience in construction materials and methods appropriate to the scope of the project.

Demonstrated ability to manage projects on time and on budget.

Demonstrated delivery of projects with similar budgets: Artists must demonstrate experience developing and implementing projects in public space with a budget of $200,000 or greater.

Experience working with a government agency.

XI. APPLICATION REQUIREMENTS

APPLICATION DEADLINE:

Submissions (described below) must be received as a complete application in CaFÉ™ by no later than 10:59 p.m. (PST) 11:59 p.m. (MST) on Friday, July 2, 2021.

Note: 10:59 p.m. Pacific Time (PT) is the same as 11:59 p.m. Mountain Standard Time (MST), the time zone in which CaFÉ™, the host for online submittal is located; CaFÉ™ will automatically stop accepting submittals.)

Please make sure you have started your application with time to ask questions, particularly if you have not used CaFÉ™ previously. Late and incomplete applications will not be accepted.

APPLICATION PROCESS: All materials will be submitted online, via CaFÉ™ website (www.callforentry.org). There is no application fee to apply or to use the CaFÉ™ online application system.

To view the application, go to www.callforentry.org, register a username and password, navigate to “Apply to Calls”, and search the list for “Santa Clara Valley – Capitol Light Rail Extension”

Assistance in using the CaFÉ™ system is available during regular business hours via e-mail at [email protected].

XII. REQUIRED APPLICATION MATERIALS

The application submission must include the information and materials described below all of which are required to constitute a complete application. Please review carefully as incomplete applications will not be eligible for consideration and will not be reviewed.

Images of Past Work: Submission must include visual representations of past artwork that demonstrate your qualifications for this project. In order to be considered for this project, the applicant must submit a total of 8 digital images that represent no more than 5 previously completed projects. Proposal images from prior projects may be submitted, but should be clearly marked as proposals and cannot be more than 2 of the requested 8 images. All images are to be submitted electronically through the CaFÉ™ system. Instructions on how to format images to CaFÉ™ specifications can be found on the CaFÉ™ website under Image Prep.

Descriptions of Past Work: Submission must include a list of the submitted project images with descriptions that clearly explain both the projects and images. More specifically, each image must include the following: a) artwork title; b) date of completion; c) location; d) dimensions; e) significant materials; f) budget and g) relevant conceptual and/or contextual description. If you were the member of a team or otherwise worked with other artists on a project you are submitting for consideration, please clearly state your actual role in the creation of the work.

Statement of Interest in in this project: What specifically interests you about this project? What interests you in the site or site opportunities? Do you have specific interests as an artist that you feel align well with a project of this nature?

Stakeholder Engagement/Community Outreach: What is your public art experience collaborating with clients and communities? Given issues associated with COVID-19, how might you approach community outreach?

Résumé: Submission shall include a current résumé that outlines your professional accomplishments as an artist (maximum of 5000 characters/equivalent of 2 pages; if a team, then 3000 character maximum for each team member.)

Application for Completeness: Please confirm that your application includes all the required materials listed below:

Images (no more than 8 images representing no more than 5 projects)

Past Work - Image Description Detail

Statement of Interest

Stakeholder Engagement/Community Outreach

Résumé (5000 characters/2 page maximum)

Reviewed the three-party VTA, City of San José, Public Artist agreement as recommended

XIII. EVALUATING APPLICATIONS

A. Responsiveness of Applications: An application that is not current, accurate and/or completed in accordance with the requirements of this RFQ will be deemed non-responsive and will be eliminated by the City from further consideration. Notwithstanding the foregoing, the City reserves the right to waive minor irregularities in an Application.

B. Supplemental Information: The City reserves the right to require any or all Artists to provide supplemental information clarifying the submitted materials.

C. Consideration of Information Outside the Application: The City has the right to conduct a further and independent investigation of the information provided in an application. This includes contacting and speaking with references. The evaluation panel may use any relevant information gathered by such investigation – and any other information that comes to the attention of the City – to evaluate an Artist.

XIV. COMMUNICATIONS REGARDING THIS RFQ FOR SUBMISSIONS

A. Submitting a Question or Objection: Artists must submit any questions and/or objections to this RFQ to the Contact Person: Mary Rubin, Senior Project Manager: [email protected]

B. Questions and/or objections must be submitted via email. Contacting any City representative(s) other than the Contact Person about this RFQ is prohibited and is grounds for disqualification.

C. Content of Question or Objection: Artist submitting an objection must describe the objection as specifically as possible and set forth the rationale for the objection, including the section number and paragraph title at issue.

C. Deadline for Submitting a Question and/or Objection: Artists must submit any questions or objections no later than the Deadline for Submitting Questions and/or Objections as noted in the schedule referenced in Section VIII above.

E. City’s Issuance of Addenda, Notices and Answers to Questions: The City will post all addenda and notices regarding this RFQ. The City may provide a written response to any question(s) and/or objection(s) in the form of a single answer or by issuing an addendum.

F. Artists are Responsible for Checking CaFÉ™: The addenda, notices and answers to questions issued by the City become part of this RFQ. Each Artist is responsible for checking the City of San José Public Art Program website’s “For Artist” for addenda, notices and answers to questions. In the event an Artist obtains this RFQ through any means other than to CaFÉ™, the City will not be responsible for the completeness, accuracy or timeliness of the final RFQ document.

G. Relying on Other Written or Oral Statements Prohibited: Artists can rely only on this RFQ and any subsequent addenda, notices and answers issued by the City. Artists cannot rely on any other written or any oral statements of the City or its officers, Directors, employees or agents regarding the Project or the RFQ.

XV. PROTESTS

A. If an interested party wants to dispute the award recommendation, they must submit their protest in writing to the City’s Public Art Director no later than five (5) business days after the Recommendation of Award is approved by the San José Public Art Committee, detailing the grounds, factual basis, and providing all supporting information. Protests will not be considered for disputes of requirements or specifications, which must be addressed in accordance with the Objections Section above. Failure to submit a timely written protest to the contact listed below will bar consideration of the protest.

B. Protests must be addressed to the following:

Office of Cultural Affairs Attention: Michael Ogilvie 200 E. Santa Clara Street San José, CA 95113

C. Grounds for which No Protest is Allowed: There is no right to protest based on the following:

Incomplete (non-responsive) applications;

Late submission of applications; or

A dispute regarding the application requirements and/or specifications that could have been addressed by submitting a question and/or objection in accordance with Section XIV.

D. Director’s Decision: The Director or an appropriate designee of the Director will issue a written decision on any protest. The Director, or designee, may base the decision on the written protest alone or may informally gather evidence from the Artist filing the protest or any other person having relevant information. The Director’s decision is final.

��XVI. GROUNDS FOR DISQUALIFICATION

A. All Artists are expected to have read and understand the "Procurement and Contract Process Integrity and Conflict of Interest", Section 7 of the Consolidated Open Government and Ethics Provisions adopted on August 26, 2014. A complete copy of the Resolution 77135 can be found here. Any Artist who violates the Policy will be subject to disqualification. Generally, the grounds for disqualification include:

Contact regarding this procurement with any City official or employee or Evaluation team other than the Procurement Contact from the time of issuance of this solicitation until the end of the protest period.

Evidence of collusion, directly or indirectly, among Artists in regard to the amount, terms, or conditions of this proposal.

Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications.

Evidence of submitting incorrect information in the response to a solicitation or misrepresent or fail to disclose material facts during the evaluation process.

B. In addition to violations of Process Integrity Guidelines, the following conduct may also result in disqualification:

Offering gifts or souvenirs, even of minimal value, to City officers or employees.

Existence of any lawsuit, unresolved contractual claim or dispute between Artist and the City.

Evidence of Artist’s inability to successfully complete the responsibilities and obligations of the proposal.

Artist’s default under any contract, resulting in termination of such contract.

XVII. MISCELLANEOUS PROVISIONS

A. City’s Right to Terminate Process: The City reserves the right to terminate this RFQ at any time.

B. Costs of Preparing Submittal: Artist bears all costs associated with its efforts in responding to this RFQ.

C. Gifts Prohibited: Chapter 12.08 of the San José Municipal Code generally prohibits a City officer or designated employee from accepting any gift(s). The Artist selected as a result of this RFQ will be required to comply with Chapter 12.08 accessible here.

D. By submitting a response to this RFQ, the Artist represents that:

It is familiar with the requirements of Chapter 12.08, and

It has complied with, and throughout the remainder of this application process will continue to comply with, the requirements of Chapter 12.08.

The Artist’s failure to comply with Chapter 12.08 at any time during this process is a ground for disqualification.

E. Discrimination: It is the City’s policy that the selected Artist shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of San José contracts.

F. Public Nature of Submissions: All applications and submissions and other correspondence with the City regarding this RFQ become the exclusive property of the City and become public records under the California Public Records Act (California Government Code section 6250 et seq.) All submissions and other correspondence will be subject to the following requirements:

The City has a substantial interest in not disclosing submissions during the evaluation process. For this reason, the City will not disclose any part of the Application before it issues the Final Notice of selection. After issuance of the Final Notice of selection, all submissions will be subject to public disclosure.

There are a limited number of exceptions to the disclosure requirements under the Public Records Act, such as for trade secret information. The City is not in a position to determine what information in a submission, if any, may be subject to one of these exceptions. Accordingly, if an Artist believes that any specific portion of its submission is exempt from disclosure under the Public Records Act, the Artist must mark the portion of the submission as such and state the specific provision in the Act that provides the exemption and the factual basis for claiming the exemption. For example, if an Artist believes a submission contains trade secret information, the Artist must plainly mark the information as “Trade Secret” and refer to the appropriate section of the Public Records Act, which provides the exemption for such information and the factual basis for claiming the exemption.

If a request is made for information in a submission that an Artist has properly marked as exempt from disclosure under the Public Records Act (e.g. information that the Artist has marked as “Confidential”, “Trade Secret” or “Proprietary”), the City will provide the Artist with reasonable notice of the request and the opportunity to seek protection from disclosure by a court of competent jurisdiction. It will be the Artist’s sole responsibility to seek such protection from a court.

Any submission that contains language attempting to make all or significant portions of the submission exempt from disclosure or that fails to provide the exemption information required above will be considered a public record in its entirety. Therefore, do not mark your entire submission as “confidential,” “trade secret,” or “proprietary.”

G. Environmentally Preferable Procurement Policy: The City has adopted an “Environmentally Preferable Procurement” (EPP) policy. The goal is to encourage the procurement of products and services that help to minimize the environmental impact resulting from the use and disposal of these products. These products include, but are not limited to, those that contain recycled content, conserve energy or water, minimize waste or reduce the amount of toxic material used and disposed. Computers and other electronics are a growing focus of environmentally preferable purchasing activities due to their high prominence in the waste stream, their numerous hazardous chemical constituents, and their significant energy use. Moreover, when these products are improperly disposed of they can release hazardous substances that pollute the environment.

In support of this policy, the selected Artist will be required to work with the City to apply this policy where it is feasible to do so. In addition, Artists should address any environmental considerations with their proposal response.

The entire EPP policy may be found in the City’s internet site here.

H. Unfair Competitive Advantage:

The City seeks applications for this RFQ through a competitive, impartial process in which all Artists are treated fairly. An Artist that has an actual or apparent unfair competitive advantage jeopardizes the integrity of the competitive process.

A number of different situations can give rise to an actual or apparent unfair competitive advantage. Most commonly, an actual or apparent unfair competitive advantage arises because the Artist has unequal access to nonpublic information or unique insight into the scope of work. Whether an unfair competitive advantage exists depends on the specific facts of each situation.

The existence of an unfair competitive advantage is a basis for the City to disqualify an Artist’s participation in this RFQ. If the City determines that an Artist is disqualified because of the existence of an unfair competitive advantage, it will provide the Artist with a written statement of the facts leading to its conclusion that an unfair competitive advantage exists. The Artist may protest the determination in accordance with Section XII of this Application. Notwithstanding anything to the contrary in Section XII, the Artist shall submit its written protest no later than 5 business days after the date of the City’s letter of disqualification.

The Artist represents that before submitting a response to the RFQ it investigated and considered the issue of potential unfair competitive advantage, including considering any subconsultants it has worked with. By submitting a response to the RFQ, the Artist further acknowledges that performing the work resulting from this RFQ potentially could be the basis of creating an actual or apparent unfair competitive advantage for any future work. The City strongly advises Artists to consult with their legal counsel regarding these issues.

I. Disqualification of Former Employees

Chapter 12.10 of the City’s Municipal Code generally prohibits a former City officer or “designated employee”, as defined in Chapter 12.10, from providing services to the City connected with his/her former duties or official responsibilities. The Artist selected as a result of this process will be prohibited from either directly or indirectly using any former City officer or designated employee to perform services in violation of Chapter 12.10.

By submitting a response to this RFQ, the Artist represents that:

It is familiar with the requirements of Chapter 12.10, and

Its response to this RFQ does not contemplate the use of any former City officer or designated employee in violation of Chapter 12.10.

The Artist’s failure to comply with Chapter 12.10 at any time during this application process is a ground for disqualification

All applicants must be at least 18 years of age and have all necessary documentation and permits to work in the United States at the time of submittal of qualifications.

The City of San José reserves the right in its sole discretion to reject any or all applications, proposals, applicants, or projects, and to modify or terminate the application process or the selection process for any reason and without prior notice.

Applicant agrees that any and all materials submitted pursuant to this Application for entry become the property of the City of San José and shall not be returned to Applicant. Notwithstanding the foregoing, Applicant shall retain all copyright in the work, which may be held by Applicant.

If selected for a public art commission, Applicant will be required to enter into an Special Purchase Demand with the City of San José and will be required to comply with any relevant requirements, including but not limited to permits, licensing and/or insurance coverage requirements (if any).

Scope of Work and Form of Terms is attached to this PDF version of the RFQ as an Exemplar Agreement.

FOR QUESTIONS ABOUT THIS RFQ:

Please contact Mary Rubin via email at [email protected] if you have questions about the project. No calls please. Any pertinent questions submitted prior to Friday, May 7, 2021, will be addressed by an addendum and posted on City website here: https://www.sanjoseca.gov/your-government/departments/office-of-cultural-affairs/public-art/for-artists

FOR QUESTIONS ABOUT CaFÉ™: Please contact CaFÉ™ at [email protected].

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remodelfrancisc-blog · 5 years ago

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shirlleycoyle · 6 years ago

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At Cannabis Shops, Face Recognition Is Already a Thing

Mason Marks is a law professor at Gonzaga University and a Research Scholar at NYU Law School’s Information Law Institute. Find him on Twitter @MasonMarksMD

Imagine you are a medical marijuana patient driving to a cannabis dispensary. As you pull into the parking lot, surveillance cameras record your license plate number. You step out of the car, and walk toward the entrance.

A sign above the door reads “please look up for entry.” You crane your neck and gaze into a camera paired with artificial intelligence that analyzes your face. A red light suddenly turns green, and the door slides open. You enter the store and bypass a line of customers waiting at the register, opting instead for a self-service kiosk.

As you approach the machine, in-store cameras feed images to algorithms that analyze your appearance to determine if you might be carrying a weapon, and compare your face to millions of photos in a law enforcement database. When you finally reach the kiosk, it scans your face, identifies you as a returning customer, and greets you with a coupon for your favorite cannabis product.

This may sound like a scene from a sci-fi movie, but these tools are employed in cannabis dispensaries today. The cannabis industry is embracing new technologies like facial recognition and advanced video analytics throughout the supply chain—from grow rooms and processing facilities to distribution centers and retail dispensaries. The companies behind the technology say it benefits cannabis businesses, employees, and consumers. But in an industry marred by decades of mass-incarceration that has discriminated against communities of color, face surveillance poses serious privacy risks, and can easily be used for targeted harassment.

“It is hard, if not impossible, to find an example of a surveillance technology that has not been turned against groups that are already vulnerable in our structurally inequitable system,” said Shankar Narayan, Director of the Technology and Liberty Project at the ACLU of Washington, in an interview with Motherboard. Although legal for medical or recreational use in 33 states, cannabis remains illegal under federal law. Because it occupies a legal grey area, banks are hesitant to touch the industry, making it primarily an all-cash business and an attractive target for thieves. In Denver, Colorado, alone, there were 34 reported dispensary robberies in the first half of 2019.

Some tech companies see the risk of theft as an opportunity to sell facial recognition systems. Don Deason, VP of Sales for Blue Line Technology, claims his company’s platform has significantly reduced cannabis robberies. It works like this: When customers approach the front door of a dispensary, audiovisual cues prompt them to look up at a camera. If they comply, the system records an image of their faces, and the front door opens. If they decline or their faces are obscured, by a mask for example, then access is denied.

The system is also used to deter robberies and mass shootings in convenience stores, schools, and office buildings.

A facial recognition system from Blue Line Technology hangs above the entrance to a convenience store. Courtesy of Blue Line Technology

Deason told Motherboard that as long as customers don’t shoplift or cause a disturbance, “their information is deleted after 48 hours.” However, if a store’s management believes customers are misbehaving, they can tag each face with a unique number, and the system retains that information indefinitely. If tagged customers later return to the store, the system recognizes them and alerts employees of their arrival by email or text message. Deason said Blue Line encourages dispensaries not to confront tagged customers, but ultimately “store owners set the store security policy and procedures,” and, “the security response varies based upon store policy.”

Blue Line’s platform also controls access to restricted areas of cannabis businesses such as grow houses, cutting rooms, and safes, serving as a replacement for keys and access cards. When paired with other devices such as RFID tags, which are affixed to cannabis products, face recognition systems can track cannabis as it changes hands from one employee to the next.

“Many cannabis robberies are inside jobs,” said Matthew Heyl of Helix Security, a Denver company that provides surveillance products and services to cannabis businesses. He claimed video analytics and biometric access controls establish a chain-of-custody and deter diversion of legal cannabis to illicit markets.

For those reasons, government agencies that enforce cannabis laws are interested in facial recognition, said Steve Owens, the CEO of Adherence Compliance, a Denver consulting firm that has partnered with Blue Line. “This topic is really resonating with the regulators,” Owens told Motherboard. “When we mention it to Alameda County, they get it right away, because it helps them with their investigations.”

In addition to tracking employees and controlling access, facial recognition is used in dispensaries at the point of sale for age-verification. A Las Vegas based company called 420 Cyber markets its Badass Budtender kiosk as a replacement for human “budtenders” who check ID at the register. The kiosks can be equipped with facial recognition to ensure customers are of legal age.

Inside dispensaries, facial recognition can do far more. 420 Cyber markets what it calls “Video Active Security Monitoring” (VASM), which it says can determine whether customers carry concealed weapons, if there are warrants for their arrest, and whether their appearance matches “be on the lookout” (BOLO) alerts issued by police. It can reportedly recognize A-list celebrities if they happen to visit your store.

Consumers using 420 Cyber’s kiosks can also opt-in to personalization services: The units can scan and identify people’s faces, interpret their emotional responses to products, and help dispensaries learn which brands they prefer. 420 Cyber’s website says this data can be used to deliver targeted content “designed for individual viewing based on age, race, gender, location and daypart [the time of day a customer visits the store].”

Despite what vendors say, face recognition technology remains problematic and controversial. Algorithmic systems naturally adopt the objectives and values of their creators, and research shows that systems trained on insufficiently diverse datasets are often inaccurate and sometimes discriminate against women, racial minorities, and members of the LGBTQ community.

Even if the system is working as designed, face recognition can easily be adapted to target immigrants, activists, and other marginalized groups with little or no oversight. Citing those risks, at least three cities including San Francisco, Oakland, and Somerville, Massachusetts have banned municipal use of the technology. In June, the leading supplier of police body cameras, Axon, removed facial recognition from its services after an ethics board concluded it was “not yet reliable enough to justify its use.”

“Despite what developers may say, facial recognition technology has the potential to reinforce the racist and classist policies of prohibition”

“Technology makes a lot of promises, but there’s no guarantee they can deliver,” wrote Kamani Jefferson and Tyler McFadden in an email interview with Motherboard. The pair founded North Star Liberty Group, a DC-based government relations firm that advocates for ending cannabis prohibition while promoting racial and economic equality.

Jefferson previously served as President of the Massachusetts Recreational Consumer Council, where he helped push for a state-run social equity program that helps groups disproportionately impacted by the War on Drugs participate in the cannabis industry through professional training and mentoring. In July, Michigan announced its own social equity initiative. California created one last year, and San Francisco, Sacramento, and Los Angeles have local programs.

“Despite what developers may say, facial recognition technology has the potential to reinforce the racist and classist policies of prohibition,” Jefferson said. “It’s a classic case of a slippery slope, and until there’s a guarantee that not one innocent person will be thrown in jail due to the faults of this technology, I wouldn’t recommend cannabis facilities waste their money.”

Grayce Bentley is the Social Equity Coordinator for Cannabis Advising Partners in Long Beach, CA. In a phone interview, she told Motherboard: “I don’t think this is right at all, especially if facial recognition has been shown to be biased based on race, gender, et cetera.” Moreover, Bentley said most dispensaries serve a clientele consisting of both medical and recreational cannabis consumers, and “facial recognition should not be used in businesses where medical patients could be present.” She argued that collecting face data could violate federal health privacy laws such as the Health Information Portability and Accountability Act (HIPAA).

Data breaches will likely be a growing problem for the cannabis industry as well. In 2017, a company called MJ Freeway, a major provider of software to cannabis businesses, suffered multiple hacking attempts. In one incident, hackers obtained consumers’ date of birth, contact information, and other unspecified data. If the company had also kept images of customers’ faces, the breach could have been more disastrous.

All the companies Motherboard spoke with said they make efforts to protect face recognition data through encryption. “But encryption is not a panacea,” said Ido Kilovaty, a law professor at the University of Tulsa who specializes in cybersecurity. “Hackers can launch brute-force attacks or look for other vulnerabilities, and there is always a risk of insider threats.”

“It doesn’t matter if the developers ‘don’t see race’ when their algorithm and security staff undoubtedly do.”

Even if impenetrable cybersecurity was achievable, it wouldn’t protect consumers from discrimination based on facial recognition. In recent years, there has been a rash of troubling AI systems that attempt to make assumptions about peoples’ sexuality and potential criminality based solely on their facial features. Tech ethicists have warned that the trend threatens to revive long-disproven pseudoscience practices like physiognomy, which have historically been used to justify racism and discrimination.

Shankar Narayan said he’s concerned about mission creep—when technologies implemented for a specific purpose are shifted to another application. A cannabis business might start out using facial recognition to analyze people’s emotional responses to different products, “but you can take that further, and start analyzing people’s propensity for violence,” said Narayan. Since facial recognition may be biased against vulnerable communities, it could disproportionately mischaracterize members of those groups as dangerous.

Narayan also noted that private surveillance systems can easily be repurposed for use by law enforcement and federal agencies. One example is police use of Amazon’s Ring doorbell cameras, which was recently reported on by Motherboard. “While being operated by an individual entity, it’s a private camera, and it need not conform to any rules around surveillance that apply to government cameras. But the company may turn the data over to the government,” Narayan said. “And then for all intents and purposes, it’s functioning as a government camera.”

Some companies marketing facial recognition to the cannabis industry have deep ties to law enforcement. Blue Line was founded by Joseph Spiess, Tom Sawyer, and Marcos Silva. Spiess is Chief of Police for the St. Louis suburb of Brentwood, Missouri. Sawyer, a retired St. Louis detective and DEA agent, built his career investigating drug crimes. Silva, an Army veteran who served in the Iraq War, is a St. Louis police detective who designed, implemented, and oversees the city’s real-time crime center (RTCC).

Michael Kwet, a fellow at Yale Law School’s Information Society Project who researches surveillance technology, expressed concerns: “For years, these officers locked people away for possession and sale of marijuana, with devastating effects on communities of color. Now they’re cashing in to protect the legal marijuana industry with facial recognition, while people previously persecuted languish behind bars.”

According to its website, the RTCC operated by Blue Line’s Silva “is focused on monitoring, deterring and evaluating criminal activity in real-time with the help of the advanced technology in the center,” which includes license plate readers, gunshot spotters, and crime analysis software. In 2015, former Police Chief Sam Dotson told St. Louis Public Radio the RTCC would tap into surveillance cameras owned by private companies and use “new software that would allow the analysts to better predict crime.”

Blue Line told Motherboard it does not have access to the face recognition databases of the cannabis businesses it serves, and therefore, it cannot share that data with law enforcement. However, because its clients set their own security policies and responses, store owners are free to turn facial recognition data over to police. Through this kind of sharing between private and public surveillance networks, police could gain access to face data stored by dispensaries even in cities where facial recognition is banned for government use.

Prior to his current role at the ACLU of Washington, Shankar Narayan was the organization’s Legislative Director, and he worked on Initiative 502, Washington State’s recreational marijuana bill. Before that, he worked on medical marijuana legislation.

“In the context of that medical marijuana law, we went through a lot of these same issues, and there was intense concern over patient privacy. Coming off of that very intense discussion, there’s some deep irony that in the name of security, entities that sell cannabis are now installing these highly invasive surveillance mechanisms. That is really the opposite of the spirit in which we had the discussions around medical marijuana dispensaries, and I think we should be deeply concerned about privacy in that context.”

Addressing concerns about bias, Don Deason told Motherboard that Blue Line’s face recognition system “recognizes everyone equally,” and that the company is “not tracking age, gender, race, or what products people buy.” He said the system sorts faces into only three categories: “known, unknown, or threat,” and people are categorized as threats based solely on their behavior inside a cannabis business, not on their physical traits or facial expressions.

Os Keyes, a doctoral researcher at the University of Washington who studies human-computer interaction, told Motherboard that Blue Line “has an incredibly shallow understanding of the concerns about bias in facial recognition.” They noted that whether security guards or police stop and search customers or accuse them of shoplifting may be influenced by personal prejudices.

“Whether someone is accurately matched by facial recognition is, similarly, something that we know has racial and gender biases,” said Keyes. “It doesn’t matter if the developers ‘don’t see race’ when their algorithm and security staff undoubtedly do.”

Despite tech company efforts to protect face recognition data and reduce bias, many cannabis industry experts remain uncomfortable with the technology.

Kamani Jefferson and Tyler McFadden implied it is unnecessary. They referenced statistics suggesting crime has decreased in states and neighborhoods with licensed cannabis dispensaries.

“There’s no reason to believe that trend won’t continue,” they added.

Griffen Thorne, an attorney with the law firm Harris Bricken, expressed doubt that adopting facial recognition technology would help businesses comply with state and local cannabis laws. “In California, cannabis businesses must have a security plan. They must have video recording, and doors that lock,” he said. “Beyond those basics, you don’t need to use fingerprint scanners or facial recognition technology.”

Shankar Narayan asked, “How can we be a free society with this level of surveillance? It kills free speech, it chills constitutional activity, it disproportionately impacts communities of color, it’s subject to abuse, [and] there’s not a lot of checks and balances here.”

One thing seems certain: legislators, government agencies, and the cannabis industry itself, should involve potentially affected communities in deciding how facial recognition should be implemented in the industry, and whether it should be used at all.

At Cannabis Shops, Face Recognition Is Already a Thing syndicated from https://triviaqaweb.wordpress.com/feed/

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wpdesignshop-blog · 5 years ago

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antoniosaidiani1 · 5 years ago

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on24web · 2 years ago

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laylahoulding6-blog · 7 years ago

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carautotitleloans · 7 years ago

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gystink · 4 years ago

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Request for Qualifications: The City of San José/ Santa Clara Valley - Capitol Light Rail Extension (USA) (Copy)

REQUIREMENTS: Media Images - Minimum: 8, Maximum: 8 Video - Minimum: 0, Maximum: 1 Total Media - Minimum: 8, Maximum: 9

View Site Details

I. BACKGROUND

When complete, VTA riders will be able to board light rail at the Eastridge Station, and connect directly with BART at Milpitas Station, the northernmost BART station in Santa Clara County.

II. PUBLIC ART PROJECT OPPORTUNITIES

III. ARTIST ELIGIBILITY

To be eligible, artists must demonstrate experience developing and implementing projects in public space with a budget of $200,000 or greater.

IV. PROJECT BUDGET & SCOPE

Artist Fee: $70,000 for completion of the following:

Research and investigation including, but not limited to, review of background documents and data to understand the EBRC design documents, project area, and community.

Presenting the design proposal to project stakeholders including, key community stakeholders, the VTA, and San José Public Art Committee for approvals.

V. CONTRACT

VI. PROJECT SCHEDULE AT-A-GLANCE*

RFQ advertised Monday, April 26, 2021

RFQ Submittal Deadline July 2, 2021

Artist Selection July 2021

Contracting August 2021

Research & Concept/Schematic Development September - November 2021

Concept/Schematic Proposal Review December 7, 2021

Design Development December 2021 – January 2022

Design Development Proposal Review February 1, 2021

Construction Documentation February – March 2022

Fabrication, Installation, and Completion TBD - prior to Winter 2025

* This is a typical schedule; dates may be subject to change.

VII. SELECTION PROCESS

There will be a two-phase selection process:

VIII. RFQ SCHEDULE

The following is the schedule for the artist selection process:

RFQ advertised Monday, April 26, 2021

Last date to submit questions/objections Friday, May 7, 2021

RFQ Closing Date Friday, July 2, 2021

Selection Panel / Short listing Week of July 12, 2021

Artist Interviews and Selection Week of August 1, 2021

IX. QUALIFICATION SUBMITTAL

Qualifications, work samples, and statements of interest shall be submitted through CaFÉ™ in accordance with the instructions below; there are no exceptions.

Staff will preview all submissions for completeness prior to Selection Committee review and may reject incomplete or non-responsive submissions.

While submittal through CaFÉ is free to artists, any other potential costs associated with responding to this request are to be borne by the Artist.

X. SELECTION CRITERIA

Aesthetic excellence of past projects; appropriateness of prior concepts as they relate to EBRC project goals and opportunity.

Experience and/or interest in creating public artworks in collaboration with stakeholder group.

Interest in innovating virtual and/or socially distant community engagement strategies.

Experience developing artworks in outdoor environments.

Experience in construction materials and methods appropriate to the scope of the project.

Demonstrated ability to manage projects on time and on budget.

Demonstrated delivery of projects with similar budgets: Artists must demonstrate experience developing and implementing projects in public space with a budget of $200,000 or greater.

Experience working with a government agency.

XI. APPLICATION REQUIREMENTS

APPLICATION DEADLINE:

Submissions (described below) must be received as a complete application in CaFÉ™ by no later than 10:59 p.m. (PST) 11:59 p.m. (MST) on Friday, July 2, 2021.

Please make sure you have started your application with time to ask questions, particularly if you have not used CaFÉ™ previously. Late and incomplete applications will not be accepted.

APPLICATION PROCESS: All materials will be submitted online, via CaFÉ™ website (www.callforentry.org). There is no application fee to apply or to use the CaFÉ™ online application system.

Assistance in using the CaFÉ™ system is available during regular business hours via e-mail at [email protected].

XII. REQUIRED APPLICATION MATERIALS

Application for Completeness: Please confirm that your application includes all the required materials listed below:

Images (no more than 8 images representing no more than 5 projects)

Past Work - Image Description Detail

Statement of Interest

Stakeholder Engagement/Community Outreach

Résumé (5000 characters/2 page maximum)

Reviewed the three-party VTA, City of San José, Public Artist agreement as recommended

XIII. EVALUATING APPLICATIONS

B. Supplemental Information: The City reserves the right to require any or all Artists to provide supplemental information clarifying the submitted materials.

XIV. COMMUNICATIONS REGARDING THIS RFQ FOR SUBMISSIONS

A. Submitting a Question or Objection: Artists must submit any questions and/or objections to this RFQ to the Contact Person: Mary Rubin, Senior Project Manager: [email protected]

B. Questions and/or objections must be submitted via email. Contacting any City representative(s) other than the Contact Person about this RFQ is prohibited and is grounds for disqualification.

XV. PROTESTS

B. Protests must be addressed to the following:

Office of Cultural Affairs Attention: Michael Ogilvie 200 E. Santa Clara Street San José, CA 95113

C. Grounds for which No Protest is Allowed: There is no right to protest based on the following:

Incomplete (non-responsive) applications;

Late submission of applications; or

A dispute regarding the application requirements and/or specifications that could have been addressed by submitting a question and/or objection in accordance with Section XIV.

XVI. GROUNDS FOR DISQUALIFICATION