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HomeMy WebLinkAboutBOHEMIAN FOUNDATION - CONTRACT - AGREEMENT MISC - BEHEMIAN FOUNDATION2015 PIANO PROJECT 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), and the Bohemian Foundation wish to collaborate on a project to commission local artists to create artwork on pianos that would be placed in public locations for public use and enjoyment (the “Project”). B. The Project will provide the following public benefits:  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 2015 “Art in Action” program (“AIA Program”) to provide Downtown visitors with the experience of seeing art created in Old Town Square. 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 March 31, 2016. 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 a timeline and budget for the Project. A 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. 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. Acquiring, repairing, prepping and tuning approximately ten (10) to thirteen (13) pianos to be used in the Project, including sanding and cleaning the surface of the pianos with DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 TSP; 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; c. 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 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; d. Selecting, contracting with and managing the visual artists selected for the Project; e. Coordination and oversight of the AIA Program, including scheduling of artists, management of artist logistics for work on-site, and event coordination; f. Responding to damage and vandalism to pianos; g. Managing logistics with area partners or other entities to cover and uncover pianos; h. Working with appropriate City departments or other property owners on logistics for placing pianos in desired locations on public property or private property open to the public; i. Providing updated information to Bohemian Foundation to be shared with the public for marketing of the project; j. 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; k. A liaison to the area partners to coordinate with other events, schedules and functions. l. Securing sheltered locations for storage of the pianos throughout the various phases of the Project. m. Coordinating the de-commissioning process for ‘retired’ pianos. n. 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. Marketing and promotion of the Project 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 Twenty Five Thousand, One Hundred and Sixty- Five Dollars and Five Cents ($25,164.05), to be paid in advance to the City, plus Nine Thousand, Eight Hundred, Thirty-Five Dollars ($9,835.95) carried over from the 2013/2014 budget, as a grant to be spent on the Project, including the City’s administrative expenses; c. Purchase of additional piano chairs as needed; d. Participate with the other parties in the development of plans for piano placement and rotation, and participate in final artist selection. e. Prepare the pianos; including removing the handle, adding plywood to the back and blocking. DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 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 and Beet Street 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. 5. Artist and Design Selection. Project Artists will be selected through a City APP RFP process. The RFP for 2015 has been issued and responses were due to the City on April 3, 2015. The RFP was 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 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; text should be minimal and incidental to the design. 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 Square, in a location to be determined by the City, as part of the 2015 AIA Program, beginning in May, 2015. Each piano mural is expected to take 14 to 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 the end of October 2015. 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. The City will arrange for the painting (or repainting) of two pianos 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 February 2016. DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 7. Project Closeout. By December 31 st , 2015 the City will provide to Bohemian Foundation an up to date budget with estimated costs for the last two months of the Project. Within fifteen (15) days of the conclusion of this Agreement on March 31, 2016, the City will provide to Bohemian Foundation a final budget and supporting documentation showing actual project costs at the end of the Project. Within a reasonable period of time thereafter, the parties shall determine whether to continue the collaboration in 2016. If the parties agree to continue the collaboration, and if the Project was under budget, any remaining funds will be carried over to the 2016 budget, and the parties will negotiate in good faith a new agreement for the 2016 season. 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. 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, 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 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 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. 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: ____________________________________ Name: Kristen Karabensh Music Programs Director THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation Date: ___________________ By: ____________________________________ Darin A. Atteberry, City Manager ATTEST: ____________________________________ City Clerk APPROVED AS TO FORM: ____________________________________ Assistant City Attorney DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 8/26/2015 8/26/2015 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 Art in Public Places Exhibit B Piano Project 2015-2016 BUDGET Acct No Organization Number Cost/per Budget 1 Piano Moves 89 70 6,230 2 Major Tuning 47 80 3,760 3 Minor Tuning 28 30 840 4 Mini Tuning 3 25 75 5 Piano Purchase 0 100 0 6 Artists 10 650 6,500 7 Repair 0 0 3,200 8 Supplies & Prep 0 0 1,100 9 Plaques 0 0 135 11 Decommissioning 0 0 1,000 12 Misc. 0 0 160 13 Admin 0 0 12,000 35,000 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773 DocuSign Envelope ID: 7D0217C2-4C1E-41BF-8384-00A339AB8773