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HomeMy WebLinkAboutVia Partnership LLP Public Art Plan Consultant C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cassandra Schiffler,Arts & Culture Meeting Date: February, 18 2025 Coordinator Presenter: N/A Estimated Time: N/A Topic: Professional Services Agreement for Preparation of Public Art Plan Recommended Council Action: Approve Professional Service Agreement for the Mayor's signature. Background: This Public Art Plan will become Meridian's first ever public art master plan and will identify the strategies and goals for the planning and installation of public art in Meridian through several phases of work including research, stakeholder discussions, community engagement, and site work. Strategic Goals Alignment: It meets MAC's Strategic Plan goals for public art, as laid out in Public Art Goal 1: "Create opportunities for all Meridian residents and visitors to experience public art" and aligns with sections I. B. 1. "establish plans and policies to guide the selection, placement, acceptance, maintenance, and removal of public artworks." 1. B. 1. a "Contract with arts professional to facilitate public art planning process" and 1. B. 1. b. "engage community in public art location and theme planning." Budget: No budget amendment is necessary. Council approved the $30,000 budget for FY2025 to complete this project. Art Proposal: The project scope of work with details on the tasks, research, engagement efforts, cost breakdown, and timelines can be reviewed in full in the exhibits of the agreement. PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF PUBLIC ART PLAN This PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF PUBLIC ART PLAN("Agreement") is made this 18th day of February, 2025 ("Effective Date"), between Via Partnership, LLP, a limited liability partnership registered under the laws of the state of Missouri ("Consultant"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City") (collectively, "Parties"). WHEREAS, City has determined the need to identify the strategies and goals for the planning and installation of public art in the City of Meridian, and to that end seeks to prepare a public art master plan; and WHEREAS, Consultant is specially trained, experienced, and skilled in the provision of services necessary to prepare a public art master plan, and has agreed to provide, such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties do mutually agree as follows: A. Scope of Work. Consultant agrees to perform all work specified in the Scope of Work set forth in Exhibit A. Consultant shall perform the Scope of Work and provide all deliverables in a timely manner,pursuant to all mutually agreed-upon schedules, deadlines and/or threshold meeting dates. Consultant shall produce the deliverables referenced in Exhibit A in a timely and professional manner, consistent with industry standards and practices for the profession or professions that are used in the performance of this Agreement. B. Term. Consultant shall perform services under this Agreement by September 1, 2026. City shall make every reasonable effort to support Consultant in meeting the mutually agreed- upon schedules, deadlines and/or threshold meeting dates set forth in Exhibit C. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure of either party to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Payment. For services rendered under this Agreement, the City will pay the Consultant in accordance with the fee schedule specified in Exhibit B, not to exceed thirty thousand dollars ($30,000.00). This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Consultant, including travel and lodging expenses. To receive payment for services rendered, Consultant shall provide to City a completed W-9 form, and detailed invoices itemizing services rendered and stating the amount of payment due for such services. City shall remit payments to Consultant for services rendered under this Agreement within thirty(30) days of receipt of invoice. Payment of all taxes and other assessments on monies received under this Agreement shall be the sole responsibility of Consultant. Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 1 OF 7 D. Coordination and approval. 1. City shall make its staff, information and premises available to Consultant on an as- needed basis, on/at mutually agreed-upon dates/times necessary to complete the Scope of Work set forth in Exhibit A. City Contact shall provide support, as needed, in terms of organizing meetings and public communications. 2. City shall establish a protocol for its internal acceptance and approval of the deliverables enumerated in Exhibit A. 3. City shall provide Consultant the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Consultant for all matters requiring coordination and approval. Communication between Consultant and City Contact shall occur via e-mail or telephone. 4. Except as otherwise specified in Exhibit A, the Consultant shall be available via teleconference for presentations to City and the Meridian Arts Commission as necessary to secure acceptance and approval of deliverables enumerated in Exhibit A. E. Notice. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail, to the following personnel and address: If to Consultant: If to City: Via Partnership, LLP City of Meridian Attn: Meridith McKinley Attn: City Clerk 6677 Delmar Boulevard, Suite 200 33 E. Broadway Avenue St. Louis MO 63130 Meridian ID 83642 mckinley@viapartnership.com cityclerk@meridiancity.org F. Ownership. All rights, title and interest in and to all work drafted,prepared,produced, or developed by Consultant under or pursuant to this Agreement shall become the exclusive property of City for use and/or distribution as may be deemed appropriate by City. Should the City distribute any of the work produced by Consultant in whole or in part, for promotional, educational or any other purposes, the City shall provide full credit to the Consultant as author, where feasible. G. Indemnification. Consultant shall, and hereby does, indemnify and hold harmless City, and its volunteers, officers, directors, employees and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys' fees and court costs) which result from the Consultant's performance of work under this agreement and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. Consultant acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 2 OF 7 H. Insurance to be obtained by Contractor. Contractor acknowledges and understands that City shall not provide insurance or benefit coverage of any kind for injury, death, or illness related to Contractor's provision of services under this Agreement. Contractor may, at Contractor's sole election, obtain and maintain, at Contractor's sole expense, throughout the term of this Agreement, insurance in an amount adequate to cover any of Contractor's insurable interests or assets, in Contractor's sole discretion. I. Public records. It is acknowledged by the Parties that City is a public agency. As such, City is subject to the Idaho Public Records Act, which states, inter alia, that all documents in City's possession are public records. The records prepared by Consultant in the performance of this Agreement are public records and, shall be available for inspection and copying by any person, unless exempt from disclosure, in City's sole discretion. J. Independent contractor. As an independent contractor, neither Consultant nor any agent or employee thereof is a bona fide employee(s) or agent of City in any manner or for any purpose. The parties agree that no deductions for withholding taxes, worker's compensation, insurance, or other fringe benefits will be made by City and will be the sole responsibility of the Consultant and its agents and employees. Specifically, without limitation, Consultant understands, acknowledges, and agrees: 1. Consultant is free from actual and potential control by City in the provision of services under this Agreement. 2. Consultant is engaged in an independently established trade, occupation, profession, or business. 3. Consultant has the authority to hire subordinates. 4. Consultant owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Consultant nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. K. Subcontracting and assignment. Consultant staff shall perform all work specified in this agreement, except that which the City and Consultant mutually agree may be performed by a subcontractor. Consultant may not subcontract or otherwise delegate its obligations under this agreement without City's prior written consent. City shall provide adequate staffing to support the development of the deliverables set forth in the Scope of Work and to support the Coordination and Approval conditions described below. This Agreement shall not be assigned or subcontracted by Consultant, whether in whole or in part, without City's written consent. Any attempted assignment without City's written consent shall be void and of no effect. L. Termination. The City shall have the right to terminate this agreement immediately, for any reason or no reason, upon written notice to the Consultant at the above address. Upon any such termination, Consultant shall be entitled to retain sums paid for any phase of the work that has been delivered pursuant to the terms of Exhibit A. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 3 OF 7 M. Amendment. Neither this Agreement nor any term or exhibit hereof may be verbally changed, discharged, terminated or waived. This Agreement may be amended only by a mutually-agreed writing, specifically referencing this Agreement, and duly executed by both Parties. N. Applicable law. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. O. Non-Appropriation. Consultant acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of City's statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement to provide payment to Consultant as described herein shall be subject to and dependent upon appropriations being made by City Council for such purpose. P. Choice of forum. Venue shall be in the courts of Ada County, Idaho. No parry may commence any action, litigation, or proceeding against the other party in any way arising from or relating to this Agreement or any related transaction, including equity, tort, fraud, and statutory claims, in any forum other than the courts of the state of Idaho sitting in Ada County, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and shall bring any such action, litigation, or proceeding only in such courts. Q. Costs and attorneys' fees. If either parry brings any action or proceedings to enforce,protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. R. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. S. Non-Waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 4 OF 7 T. Force majeure.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without fault or negligence, including,but not restricted to: acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. U. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. V. Non-Discrimination. Throughout the course of this Agreement, Contractor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. W. Compliance with laws. In performing the scope of services required hereunder, Consultant shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. X. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used shall have the definitions as set forth in the respective Idaho Code provisions. 1. Pursuant to Idaho Code § 67-2346, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. 2. Pursuant to Idaho Code § 18-8703, as applicable, Contractor certifies that it is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. 3. Pursuant to Idaho Code § 67-2359, Contractor certifies that Contractor is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. 4. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel- based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture. 5. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. Y. Entire agreement. This Agreement contains the entire agreement between the parties, and this Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 5 OF 7 Z. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. AA. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. BB. City Council approval required. This Agreement shall not become effective or binding until approved by the Meridian City Council and signed by the Mayor of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. Consultant: City: Via Partnership, LLP City of Meridian, Idaho Meridith McKinley, Partner Robert E. Simison, Mayor 2-18-2025 ATTEST: Chris Johnson, City Clerk 2-18-2025 PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 6 OF 7 Exhibit A via . ABOUT VIA PARTNERSHIP Via Partnership plans, curates, and produces public art throughout the United States and Canada, working with public agencies, developers, cultural organizations and community groups.Via was created by Emily Blumenfeld and Meridith McKinley in 1999 and is entering its twenty-fourth year of providing public art master planning services. In addition to public art master planning, our areas of expertise include public art project management and program development. Via has developed public art plans for cities, large and small, across the U.S. and Canada, and has completed more than 25 public art plans to date. Via has worked with cities with existing public art programs to update policies and procedures and with communities establishing new public art initiatives. As part of our planning services, Via collaborates with clients to ensure that their program has a clear mission, focused vision, goals, and guiding principles for public art that are in alignment with other City goals and strategies. We facilitate broad-based community involvement and work to identify context-relevant and implementable program and project opportunities. We conduct extensive research and facilitate many conversations to review and assess existing plans, projects, policies, procedures, partnerships, and administrative structures. We analyze this information to provide a holistic understanding of the program and craft recommendations to position the program for future success. In addition to master planning,Via also curates and manages public art commissions throughout the U.S. and Canada, from project inception through dedication, working as a liaison between artist and client to maximize the potential of each project. Via does not represent artists, but instead utilizes our relationships with leading artists, curators and dealers, and our sense of the ever-changing field of talent, to find the best artist for each project. Our work implementing public art projects is part of what sets us apart from other planning firms; our practical experience managing public art programs and commissions helps us create public art master plans that are effective tools for the staff, committees and elected officials who are responsible for implementing them. The public art projects we have helped to commission range from temporary projects, including managing a Bloomberg Philanthropies Public Art Challenge project for the City of Coral Springs, Florida,to large- scale, iconic works for cities, stadiums and private developers. Many have received the Americans for the Arts Public Art Network Year in Review Award -the only national award that specifically recognizes public art projects. Contact: Meridith McKinley mckinley@viapartnership.com 6677 Delmar Boulevard, Suite 200 St. Louis, Missouri 63130 314-324-3278 (m) 314-735-9268 (o) viapartnership.com MERIDIAN PUBLIC ART PLAN CONSULTANT SCOPE OF WORK Our plan of action involves several phases of work including research, stakeholder discussions, community engagement and site work. The phases are initiated in sequence but overlap in their completion. PHASE 1: PROJECT ORGANIZATION AND MOBILIZATION The Project Organization and Mobilization phase involves several key components: • Learning who the key players are and what role they will play in the planning process. • Charting out a clear plan for community engagement. • Reviewing the process for adopting the Public Art Master Plan, and any associated policies or guidelines that might be required. Tasks As soon as we are authorized to begin work, we will convene with the Arts & Culture Coordinator to discuss key project management issues such as: • Regular check-in meetings • Work plan, deliverables and schedule • Composition, roles and responsibilities of the advisory committee and a schedule of meetings • Information-gathering needs • Community engagement goals and strategies; review of internal and external stakeholders • Requirements and process for plan adoption PHASE 2: RESEARCH AND ANALYSIS The research phase includes a review of the current public art processes and regulations, with the goal of creating standard operating procedures. Research tasks will also inform the list of public art projects for the next 5-10 years. Tasks • Review relevant resolutions, ordinances, policies, procedures, and code provisions. • Review existing city plans and the City's Capital Improvement Plan with attention to opportunities for public art. • Review private development strategies and initiatives. • Review current funding sources, program budgets and projections. • Conduct interviews with City Department Staff in Parks as well as staff in Procurement, Planning, Public Works, and Fire/Police. • Conduct interviews with members of City Council and Arts Commission members. • Tour the current public art collection and potential future sites. PHASE 3: OUTREACH AND ENGAGEMENT This phase is meant to capture the public's imagination and insight, help people imagine new possibilities, ground the planning in community voice, and determine public priorities. viapartnership.com Tasks At the outset of the project, in Phase 1, we will develop a plan for community engagement that will occur throughout the planning process. We can help organize the following types of community outreach activities, as agreed upon in the outreach plan. At this time, we propose the following methods: • Advisory committee: We will meet with the advisory committee 4-5 times throughout the planning process to get input and solicit feedback. • Questionnaire/survey: A community questionnaire/survey on public art. The questionnaire will not be statistically valid, but will seek to collect the following information and opinions from a broad range of respondents in Meridian: - Gauge interest in what the goals or impact of public art should be in Meridian. - Gauge interest in what the most important places/locations are for art in Meridian. - Gauge interest in different project types (murals, sculpture, functional art, etc.) and themes(agriculture, abstraction,figurative, site specific etc.)that people are most interested in seeing in Meridian. In addition, the survey can: - Educate the public about public art generally, the breadth and depth of public art practice, and the benefits it can bring to community. - Raise awareness of Meridian's existing public art. • Pop-Up Engagements: Develop a set of interactive boards that can be used at community events to solicit input on the future of public art in Meridian.The initial engagement can be facilitated by our team, and the activity can then be utilized by staff and PAC members at other events. • Imagine Art Here: An informative and interactive workshop format developed by Via Partnership that can engage a variety of stakeholders in a conversation about the vision and objectives for public art in Meridian, and in generate ideas and goals for specific projects or locations. A range of stakeholders—artists, City staff, arts supporters, community leaders, and community members at large—could be involved. By bringing these groups together into one interactive workshop, we can stimulate cross-fertilization and "big picture"thinking and strengthen support for the program. PHASE 4: PROGRAM PLANNING This phase seeks to confirm a vision for public art(starting with the 2020 report recommendation), a mission for the City's public art program, and recommendations for public art spaces and opportunities, with immediate and longer-term goals and priorities. Together, these answer the following questions: • Vision: What impact will public art have on the community in the future? • Mission: What activities will the City undertake to achieve that vision? viapartnership.com • Goals: What short- and long-term accomplishments should the City strive for? • Opportunities: What are the best opportunities and spaces for projects?What criteria should be used to identify future opportunities and spaces? The planning process will look at a range of possibilities, both immediate and forward- looking. Tasks • Facilitate discussion with stakeholders to confirm vision, mission, goals. • Prepare inventory and map of sites potentially available for projects, including parks, buildings, public infrastructure, and development projects throughout the city. • Recommend criteria for project selection and prioritize short, medium and long-term opportunities. • Provide preliminary approaches and implementation strategies for priority projects. PHASE 5: TECHNICAL RECOMMENDATIONS The Technical Recommendations phase involves ensuring that the City has a framework to operate successfully. Tasks Based on the findings of the previous phases, we will draft a set of technical recommendations for how the City's public art program and activities should operate.These could include, but not be limited to: • Updated policies, procedures and guidelines for artist selection processes, with a graphic outlining the process. • A process for developing the public art work plan. • Updated collection management, including conservation and maintenance procedures, and donation, loan and de-accessioning policies and procedures. • Roles and responsibilities for the City,the MAC, the PAC and other stakeholders. PHASE 6: PLAN DEVELOPMENT AND APPROVAL The Plan Development and Approval phase involves the drafting and approval of the Master Plan.This occurs in a series of steps, with a preliminary draft to be reviewed by City staff, the advisory committee, and the Public Art Committee, and a final designed plan for approval by the Arts Commission and City Council. The plan will include the following components: • Executive Summary • Vision, Mission, Goals • Project Plan/Work Plan - including criteria, and a prioritized inventory of opportunities and map • Implementation Strategies- including policies and procedures, roles and responsibilities, and related graphics viapartnership.com • Exhibit B COST PROPOSAL HOURLY RATES $140 $70 $125 ESTIMATED HOURS t t ° s E p N CL a`) o am _ cIL moo- s E T s T Q � > W Phase Title u N N W Project Organization and 5 0 2 7 $950 1 Mobilization 2 Research and Analysis 30 0 3 33 $4,575 3 Outreach and Engagement 30 0 5 35 $4,825 4 Program Planning 25 2 5 32 $4,265 5 Technical Recommendations 25 2 5 32 $4,265 6 Plan Development and Approval 30 10 20 60 $7,400 Total fees 145 14 40 199 $26,280 EXPENSE ESTIMATES Estimated Expense Unit Air/Car Hotel Per Diem Costs Trips R/T 3 nt $100/da Via/McKinley 3 500 440 300 $3,720 Total estimated expenses $3,720 ESTIMATED TOTALS $30,000 viapartnership.com Exhibit C ESTIMATED PROJECT SCHEDULE WEEKS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 Phase 1 —N Nor— Phase 2 Phase 3 Phase 4 Phase 5 Phase 6 Site visits marked with Dates and timeframes are approximate. Assumes a February 1 start date.