HomeMy WebLinkAbout490779 BOHEMIAN COMPANIES - CONTRACT - AGREEMENT MISC - BOHEMIAN FOUNDATION (3)
Cultural Services
Art in Public Places
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.416-2789
970.221-6373 – fax
www.fcgov.com/artspublic
MEMORANDUM
Date: March 23, 2021
To: Darin Atteberry, City Manager
From: Ellen Martin, Visual Arts Administrator
Re: 2021-2022 Pianos About Town Collaborative Agreement
Attached please find the 2021-2022 Piano Project Collaboration Agreement between the Art in
Public Places Program (APP), and the Bohemian Foundation for your review and signature. This
will be the eleventh and twelfth seasons for the “Pianos About Town” Project. The APP
Program will continue to administrate the project.
“Pianos About Town” is a collaborative project between the City of Fort Collins Art in Public
Places Program, Bohemian Foundation, with support from the Downtown Development
Authority. In this partnership, APP will continue to administrate the program which will have
local artists painting murals on pianos in the Old Town area. These pianos will be rotated around
Old Town and other areas of Fort Collins. One of the goals of the project is to bring spontaneous
musical discoveries to Fort Collins.
The project will be funded by the Bohemian Foundation. The budget for 2021 is $47,025. The
project season ends in December 2021 and the 2022 budget will be developed at that time.
Please let me know if you have questions or need additional information.
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2021/2022 Pianos About Town Collaboration Agreement
THIS AGREEMENT is entered into by THE CITY OF FORT COLLINS, a Colorado
municipal corporation (“City”), and BOHEMIAN FOUNDATION, a Colorado non-profit
corporation (“Bohemian Foundation”), and will be effective on the date last signed below.
RECITALS:
A. The City’s Art in Public Places Program (APP), the Bohemian Foundation, and the Fort
Collins Downtown Development Authority (DDA) wish to continue collaborating on a
project to commission local artists to create artwork on pianos to be placed in public
locations for public use and enjoyment (the “Project”).
B. The Project will provide public benefits, including but not limited to the following:
Create elements of whimsy, surprise, and music inspiration and enjoyment in Downtown
Fort Collins and throughout the city;
Provide opportunities for spontaneous music and personal interactions to occur;
Contribute to the vibrancy of Fort Collins, creating another draw for people to visit;
Make art and music fun and accessible for all;
Allow the parties to collaborate with local visual artists or other interested community
member/groups to expose their talent to the public;
Create organizational collaborations between the parties on a fun, unique project.
C. The parties also wish to integrate the project with the annual “Art in Action” program
(“AIA Program”) to provide Downtown visitors with the experience of seeing art created
in Old Town.
D. The parties are entering into this Agreement to describe and document the roles each
party will play in implementing the Project, with the goal of using each parties’ staff’s
time and abilities effectively and efficiently.
NOW, THEREFORE, the parties agree as follows:
1. Term. This Agreement shall commence upon the last date of execution below and shall
continue through December 31, 2022.
2. City Responsibilities. The City will name a Project Manager who will be responsible for
coordinating the following Project elements on behalf of the City:
a. Establishing and managing an annual timeline and budget for the Project. A proposed
schedule for painting in Old Town Square is attached as Exhibit A. This schedule is
subject to change as conditions require. A Project budget is attached as Exhibit B,
representing the City’s good-faith estimate of the Project costs in 2021. By December 31,
2021, the Project Manager will also develop a 2022 budget, calendar, location list(s), and
revised communication plan, which will be appended to and integrated into Exhibits A-D
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of this Agreement. For any budget changes of plus or minus 20% from year to year, the
City will provide a reasonable explanation of changes. If additional funds are required as
the Project progresses, the parties will discuss options for additional funding. If additional
funding is not available, the Project will be scaled back to work within the existing
budget;
b. Annually acquiring, repairing, prepping and tuning twelve to thirteen (12 to13) pianos
to be used in the Project, including sanding and cleaning the surface of the pianos; the
budget will be based on this number of pianos, but the number of pianos and budget may
be adjusted by agreement of the parties, in advance of any changes being implemented;
c. Prepare any newly acquired pianos; including but not limited to removing castors and
handles, adding plywood to the back, and tarps and bungees.
d. Hiring and coordinating with a moving company and a piano tuning company to
support all phases of the Project, including establishing and managing a rotation schedule
for tuning (to the extent the pianos remain tunable) and placement. A map with proposed
site placement timeline for 2021 is attached as Exhibit C. The parties acknowledge that
placement locations and schedules for tuning and rotation must remain flexible to allow
the City to make adjustments for changing circumstances including weather, safety,
access, noise or other concerns raised by business owners, damage, and other factors,
such as to maintain novelty and visual interest;
e. Selecting, contracting with and managing the visual artists selected for the Project;
f. Coordination and oversight of the AIA Program, including scheduling of artists,
management of artist logistics for work on-site, and event coordination;
g. Responding to damage and vandalism to pianos;
h. Managing logistics with area partners or other entities to cover and uncover pianos;
i. Working with appropriate City departments and DDA or other property owners on
logistics for placing pianos in desired locations on public property or private property
open to the public;
j. Provide in a timely manner, updated information to Bohemian Foundation to be
shared with the public for marketing of the project in accordance with the preliminary
communications plan attached as Exhibit D;
k. Utilizing the relationships of the parties to this Agreement to work with area partners
or other entities for the placement of pianos at other locations around town;
l. A liaison to the area partners to coordinate with other events, schedules and functions.
m. Securing sheltered locations for storage of the pianos throughout the various phases
of the Project.
n. Coordinating de-commissioning for ‘retired’ pianos and providing piano storage.
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o. Collaborating with Bohemian Foundation in hosting Pianos About Town related
events.
3. Bohemian Foundation Responsibilities. Bohemian Foundation will provide the following
to the Project:
a. Coordination of the marketing and promotion of the Project with the parties
through appropriate channels including print and electronic media (such as Facebook
page and websites) and other media as determined to be appropriate, and public relations
including providing a phone number the public can call for more information about the
Project;
b. Funding for the Project in the amount of Forty-Five Thousand, One Hundred and
Ninety-Three Dollars ($45,193), to be paid in advance to the City, plus One Thousand,
Eight Hundred and Thirty-Two Dollars ($1,832) carried over from the 2020 budget,
totaling Forty-Seven Thousand, Twenty-Five Dollars ($47,025) of financial support, as a
grant to be spent on the Project, including the City’s administrative expenses as set forth
in the budget in Exhibit B;
c. Participate with the other parties in the development of plans for piano placement
and rotation and participate in final artist selection.
4. DDA Assistance. It is anticipated the Fort Collins Downtown Development Authority
(DDA) will support the Project by providing the following:
a. Assist the Project Manager with implementation of the Project within the DDA
boundaries including, but not limited to: location selection, obtaining permits or
temporary easements for placement, securing pianos and chairs with locks if needed, and
Art in Action logistics including shade structure;
b. Participate with the other parties in the development of plans for piano placement
and rotation, and participate in final artist selection;
c. A liaison to the Downtown Business Association to coordinate with other events,
schedules and functions;
d. Use DDA staff expertise and relationships to ensure compatibility of the Project
with the interests of Downtown businesses and residents.
e. Provide space at their warehouse for the storage up to four (4) pianos and provide
room for the preparation of the newly donated pianos.
5. Artist and Design Selection. Project Artists will be selected through a City APP RFP
process. The RFP will be promoted to the CSU Art Department, Poudre School District art
teachers and the local artist community. Artist selection, contracting and design approval will be
done in a manner consistent with applicable City laws and policies Bohemian Foundation may
add 2 to 3 representatives to the APP Selection Committee and participate in the selection
process through those representatives. Selected artists will be required to enter into a Project
contract with the City. In designing artwork for the Project, artists will be required to comply
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with content restrictions that may include the following: no logos, copyrighted or trademarked
images, advertisements, or political, commercial, religious, or sexual symbols, themes or
messages; designs should be appropriate for a diverse, broad-based audience of all ages. The
design should be picture-based, not word-based. The City reserves the right in its sole discretion
to approve or reject the final design and location of any piano intended to be placed in public
rights-of-way or on other City property. Artists are advised that the pianos they paint may be
repainted or disposed of at any time.
6. Project Timing
a. Spring-Fall Component. The City will arrange for the pianos to be painted on-site
in Old Town, in a location to be determined by the City, as part of the 2021/2022 AIA
Program, beginning in May each year under this Agreement. Each piano mural is
expected to take approximately 12-20 days to paint. Pianos that have already been
painted may be placed as early as mid-May. The spring-fall component of the Project is
expected to conclude at mid-October.
b. Winter Component. On a date or dates to be determined by the parties after
execution of this Agreement, the City will place four or more of the pianos in Old Town
Square and any other locations identified as desirable for the winter season each year
under this Agreement. The City will arrange for the painting (or repainting) of one piano
in public view at a location to be determined prior to placement for the winter season.
The winter component of the Project is expected to conclude at the end of December.
c. Permanent Component. Identify more candidates for permanent homes for the
pianos such as Old Town Square.
7. Project Closeout. Within thirty (30) days of the conclusion of each calendar year under
this Agreement ending on December 31, 2021 and 2022, the City will provide to Bohemian
Foundation an annual budget and supporting documentation showing actual project costs for the
preceding year; the report will also include the overall project closeout cost at the end of the
Project. Within a reasonable period of time thereafter, the parties shall determine whether to
continue the collaboration beyond 2022. If the parties agree to continue the collaboration, and if
the Project was under budget, any remaining funds will be carried over to the next project
budget, and the parties will negotiate in good faith a new agreement for the subsequent season(s).
If the Project was under budget and the parties decide not to continue the collaboration, such
unused budget funds shall be refunded to the funding source.
8. [Omitted]
9. Piano Ownership and Disposal. The City is the owner of the pianos. At the end of the
useful life of each piano the City may either retain it for future use, make it available to
charitable benefit, recycle, re-use or dispose of pianos or piano components all in accordance
with applicable City laws and policies.
10. Additional Provisions.
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a. All parties must be named as sponsors in any advertising or promotional materials for
the Project produced by any of them and all parties will review and approve materials
published.
b. The City, DDA, Bohemian Foundation, and the artists are not expected to warrant the
artwork or the pianos against theft, vandalism, damage by the elements or other
circumstances beyond the City’s, Bohemian Foundation, or artists’ control, and are
under no obligation to repair any such damage. The City reserves the right to remove
from display any piano that has been so badly damaged that, in the City’s judgment,
is unsafe or no longer appropriate for display. Such pianos will be disposed of in an
environmentally sustainable manner, if possible.
c. Each party agrees to be responsible and assume liability for its own wrongful or
negligent acts or omissions and those of its officers, agents or employees, to the
extent required by law. Nothing herein is intended as a waiver of the provisions of the
Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-101 et seq.
d. All financial obligations of the City under this Agreement are expressly contingent on
the appropriation of funds sufficient and intended for such purpose.
e. This Agreement is intended to benefit only the parties to this Agreement. The parties
do not intend to grant enforceable rights under this Agreement to any third parties,
nor shall third parties have any rights to enforce any term of this Agreement.
f. This Agreement is binding on the parties and their respective officers, employees,
successors, agents, volunteers and assigns. No party shall assign this Agreement or
any of its rights, interests or obligations under this Agreement without the prior
written consent of the other parties.
g. No amendment or modification of this Agreement will be valid unless set forth in
writing and executed by the parties hereto.
h. Nothing contained herein is deemed or should be construed by the parties or by any
third party as creating the relationship of principle and agent, a partnership or a joint
venture between the parties, or an employment relationship between the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
of the last signature below written.
BOHEMIAN FOUNDATION,
a Colorado nonprofit corporation
Date: _______ By: _______
Cheryl Zimlich
Executive Director
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
Date: ______________ By: ____________________________________
Darin Atteberry, City Manager
ATTEST:
____________________________________
City Clerk
____________________________________
(Printed Name)
APPROVED AS TO FORM:
____________________________________
Assistant City Attorney
____________________________________
(Printed Name)
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4/12/2021
4/13/2021
Ingrid Decker
Delynn Coldiron
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
2021 Pianos About Town
Approved Communications Plan
Last update 11/16/20
Approved 12/1/2020
Background
Pianos About Town is a collaborative project among Bohemian Foundation, the Downtown
Development Authority's Art in Action Program, and the City of Fort Collins’ Art in Public
Places Program (APP). The project involves local artists painting or artistically decorating
pianos at the Art in Action tent in Old Town Square where the public can watch the creative
process and interact with the artists. Pianos About Town is intended to be a fun, interactive
art installation with an element of whimsy and surprise. These colorfully painted pianos are
rotated about town for the public to enjoy as both musical instruments and works of art.
The first pianos were placed in Old Town in 2010. Since then, more than 130 donated
pianos have been decorated and placed into rotation at sites throughout Fort Collins.
Painting and decorating of the pianos continues throughout the year but is moved to in door
venues during the winter months. Area businesses play a key role in the success of the
project by "adopting" the painted pianos and covering them during inclement weather.
Notable Changes/Updates
This 2021 Pianos About Town communications plan includes the following notable
changes/updates.
Adjust program goals to respond to COVID-19 changes.
o In 2020, the communications team supported APP with signage outlining
social-distancing guidelines to protect artists painting outdoors. In 2021, the
communications team will add a QR code to printed signs to encourage
onlookers to find program information online. The communications team will
continue to work with APP to adjust messaging as needed.
o Enhance digital communications efforts to promote the RFP. The
communications team will broaden these digital efforts that have proven to be
most effective with this specialized audience rather than engaging in media
relations targeted to a general audience.
o Promote a virtual RFP workshop hosted by APP on Zoom.
o Distribute RFP handbills digitally instead of in print.
o Following the effective model used in 2020, we will continue to promote each
artist on social media in place of a single media relations announcement.
Adjust communications goals to reflect efforts to broaden and diversify the group of
artists submitting an RFP.
o Continue to convert social media advertising and posts into multiple
languages.
o Continue to reach out to past artists to encourage them to share with their
networks.
o Continue to use gender inclusive terms when referencing artists.
o Update RFP handbill distribution to include additional organizations working
with traditionally marginalized groups and emerging artists. Mary to manage
distribution of digital handbill with support from APP.
o Translate RFP into Spanish.
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Communications Goals:
I. Promote virtual community engagement with the Pianos About Town program.
II. Encourage local artists to respond to the RFP with a focus on reaching new and
diverse artists.
Key Messages: The following messages represent the essence of what we want people to
remember as a result of our communications efforts.
The Pianos About Town program is a collaborative effort among Bohemian
Foundation, the City of Fort Collins Art in Public Places program and the Fort Collins
Downtown Development Authority.
Pianos About Town seeks to create a sense of whimsy and surprise in Fort Collins.
Pianos About Town seeks new artists to paint pianos.
Program Details:
o In 2021, 12 pianos will be painted or artistically decorated.
o The RFP will open Dec. 9, 2020 and will close Feb. 1, 2021 at 5 p.m. MT.
o Art in Public Places will hold a virtual workshop the week of Jan. 11 to review
RFP details.
o Artist selection will take place Feb. 17.
o Summer roll out and outdoor painting will begin the fourth week of May.
Painting location is to be determined.
Audience Identification
Fort Collins community members
Local artists
Business owners
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Appendix I - Digital Handbill Distribution
AIMS Community College
BIPOC Alliance
Coffee shops
Colorado State University: Asian/Pacific American Cultural Center (APACC), Black/African
American Cultural Center (BAACC), El Centro, Pride Resource Center, Native American
Cultural Center (NACC), Women and Gender Advocacy Center (WGAC), Student Disability
Center, Adult Learner and Veteran Services (ALVS), Office of International Programs
Cultural Enrichment Center of Fort Collins
Front Range Community College
Global Village Museum
Downtown Development Authority
Digital Workshop Center
Diverse Fort Collins
Downtown Creative District
Latino Family Foundation
LAUNCH skate park
Lyric Cinema-Café
Northern Colorado Intertribal Powwow Association
Poudre School District, arts educators, teaching assistants and students
Professional and novice painting studios (for example, Pinot’s Palette and similar
businesses)
Queen's Legacy Foundation
Tattoo studios
The Fort Collins Museum of Discovery
The Music District
University of Northern Colorado
Visit Fort Collins
Yoga studios
Note: APP will receive the digital handbill for distribution as they see fit.
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