HomeMy WebLinkAboutR-2020-115 BC ILA for Master Plan for City's Art in Public Places Program��l *111 W11 r 1130013KI INKI
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY
FOR THE CREATION OF A MASTER PLAN FOR THE CITY'S "ART IN
PUBLIC PLACES PROGRAM" TO BE PERFORMED BY THE BROWARD
COUNTY CULTURAL DIVISION; WAIVING COMPETITIVE BIDDING
AND PROCEEDING WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 12, 2019, the City of Dania Beach created its Art In Public
Places (AIPP) Program ("Public Art Program"), providing for a fee associated with construction
which would allow for the City to develop a Public Art Fund, to provide art in public places; and
WHEREAS, through the Public Art Program, the City seeks to enrich the community
through the creation and display of works of art and artifacts so that citizens and visitors to the
City of Dania Beach are afforded an opportunity to enjoy and appreciate works of art; and
WHEREAS, the intent and purpose of the Public Art Program is to promote the general
welfare by encouraging pride in the community, increasing property values, enhancing the
quality of life through artistic opportunities, uniting the community through shared cultural
experiences, and creating a cultural and historical legacy for future generations through the
collection and exhibition of high -quality art that reflects diverse styles, chronicling history
through the collection of artifacts, documents, and memorabilia that will acknowledge the past
and create programs and activities that will further these goals; and
WHEREAS, in furtherance of the Public Art Program, the City will develop procedures
for the cultivation and development of the Program; and
WHEREAS, the creation of a Master Plan for the City's Public Art Program is
recommended to be performed by the Broward County Cultural Division that has experience
with developing public art programs, for curating the art, creating the processes for selecting the
artwork, and criteria to be utilized in doing same; and
WHEREAS, by out -sourcing the development of the Public Art Program, the City is
utilizing the expertise of the Cultural Division of Broward County; and
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if she is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold at Twenty Five Thousand Dollars ($25,000.00) for a
vendor each fiscal year; and
WHEREAS, due to the foregoing, the use of the Cultural Division of Broward County
to create the Public Art Program shall exceed the $25,000 annual authorization provided under
the Charter to the City Manager, and the City Commission agrees to waive the competitive
procurement requirements relating to obtaining the proposed services; and
WHEREAS, the City wishes to execute the Interlocal Agreement with Broward County
for the creation of a Master Plan for its Public Art Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified, made a part of, and
incorporated into this Resolution by this reference.
Section 2. That the Interlocal Agreement for the creation of a Master Plan for the
City's Public Art Program to be performed by the Broward County Cultural Division, providing
for such services for a period of nine (9) months beginning upon execution of the agreement,
which Agreement in substantial form is attached as Exhibit "A", is approved and the proper City
officials are authorized to execute it.
Section 3. That the funds for these services will be made as a loan from the General
Fund until the Building Department collects sufficient Payment in Lieu of Public Art fees, which
will then fund these services from the Public Art Fund, account # 115-00-00-366-01-07.
Section 4. That the Agreement provides for phased payment for various levels of
activity as indicated in Exhibit B, Payment Schedule.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION #2020-115
Section 6. That this Resolution shall be in force and take effect immediately upon
execution of the agreement.
PASSED AND ADOPTED on October 13, 2020.
ATTEST:
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THOMAS SCHNEIDER, CMC
CITY CLERK e�`�
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APPROVED AS TO FORM AND CORRECTNESS
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THOMAS J. RO,
CITY ATTO
4
LORI LEWELLEN
MAYOR
RESOLUTION #2020-115
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR THE
BROWARD COUNTY -ADMINISTERED PUBLIC ART PROGRAM
This Interlocal Agreement ("Agreement") is made and entered into as of the 1st day of
October, 2020, by and between Broward County, a political subdivision of the State of Florida
("County"), and City of Dania Beach, a Florida municipal corporation ("City"). County and City are
each individually referred to as a "Party" and collectively as the "Parties."
RECITALS
A. The Broward County Cultural Division administers a municipal public art program
for the commission of artwork for the County and has knowledge and expertise in the creation
and implementation of such public art programs.
B. City desires to engage County to perform certain services in connection with the
administration and/or creation of its municipal public art program.
C. The Parties desire to enter into an agreement whereby County, through its
Cultural Division staff, will perform certain services associated with the creation and/or
administration of City's public art program in exchange for a fee for such services.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1. Board means the Board of County Commissioners of Broward County, Florida.
1.2. City Commission means the governing body of City.
1.3. City Manager means the administrative head of City appointed by the City Commission.
1.4. Contract Administrator means the Director of County's Cultural Division ("Division"), or
other person designated in writing by the Division Director or the County Administrator.
1.5. County Administrator means the administrative head of County appointed by the Board.
1.6. Cultural Division means the Broward County Cultural Division.
1.7. Notice to Proceed means a written document issued by City authorizing County to begin the
project, phase, milestone, or task, issued by City for the Project.
1.8. Public Art Program means City's municipal public art program.
1.9. Project means artwork commissioned on behalf of City's Public Art Program.
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1.10. Services means all work to be performed by County pursuant to this Agreement, including
without limitation as specified in Exhibit A.
ARTICLE 2. EXHIBITS
Exhibit A
Scope of Services
Exhibit B
Payment Schedule
Exhibit C
Work Authorization Form
ARTICLE 3. SCOPE OF SERVICES
For the Term (as defined below), County shall perform the following Services in accordance with
the specifications outlined in Exhibit A, Scope of Services (check as applicable):
® Creation of Municipal Public Art Program
❑ Administration of Public Art Program
ARTICLE 4. TERM; TIME OF THE ESSENCE
4.1. The term of this Agreement shall begin on the date it is fully executed by the Parties
("Effective Date") and shall end on September 30, 2021 ("Initial Term") (the Initial Term and any
extensions thereto are collectively the "Term"). Either Party may request to extend this
Agreement for up to two (2) additional one (1) year terms (each such period an "Extension Term")
by sending the request in writing to the other Party at least ninety (90) days prior to the end of
the then -current term. If approved, the other Party shall confirm its approval in writing at least
thirty (30) days prior to the end of the then -current term. The written request and written
approval shall be deemed an effective exercise of the Extension Term option under this section.
The County Administrator and the City Manager are authorized to request and approve
extensions pursuant to this section.
4.2. Time is of the essence in performing the duties, obligations, and responsibilities required by
this Agreement.
ARTICLES. PAYMENT; INVOICING
5.1. City shall pay County for the Services in the amounts stated in Exhibit B.
5.2. County shall invoice City for completed Services in accordance with Exhibit B. City must pay
County for each submitted invoice within thirty (30) days after receipt.
ARTICLE 6. TERMINATION
6.1. This Agreement may be terminated for cause (i.e., a material breach of this Agreement) by
the aggrieved Party if the Party in breach has not corrected the breach within ten (10) days after
receipt of written notice from the aggrieved Party identifying the breach. This Agreement may
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also be terminated for convenience by either Party by action of the Board or City Commission.
Termination for convenience by either party shall be effective on the termination date stated in
written notice provided by such Party, which termination date shall be not less than thirty (30)
days after the date of such written notice. If County erroneously, improperly, or unjustifiably
terminates for cause, such termination shall be deemed a termination for convenience and shall
be effective thirty (30) days after such notice of termination for cause is provided. If either Party
erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed
a termination for convenience and shall be effective thirty (30) days after such notice of
termination for cause.
6.2. If this Agreement is terminated for convenience by either Party, County shall be paid for any
Services properly performed through the termination date specified in the written notice of
termination. Each Party acknowledges that it has received good, valuable, and sufficient
consideration for its right to terminate this Agreement for convenience as stated in Section 6.1.
6.3. In addition to any right of termination stated in this Agreement, each Party shall be entitled
to seek any and all available remedies, whether stated in this Agreement or otherwise available
at law or in equity.
6.4. Notice of termination of this Agreement shall be provided in accordance with the "NOTICES"
section of this Agreement except that notice of termination by the County Administrator to
protect the public health, safety, or welfare may be verbal notice that shall be promptly
confirmed in writing in accordance with the "NOTICES" section of this Agreement.
ARTICLE 7. LIABILITY; INDEMNIFICATION; NO LEGAL SERVICES/GUIDANCE
7.1. The Parties are public entities subject to Section 768.28, Florida Statutes, and except as
expressly provided in this Agreement, each agrees to be fully responsible for the acts and
omissions of its agents or employees to the extent permitted by law. Nothing herein is intended
to serve as a waiver of sovereign immunity by any Party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political subdivision
of the State of Florida to be sued by third parties in any matter arising out of this Agreement or
any other contract.
7.2. City shall indemnify, hold harmless, and defend County and all of County's current, past, and
future officers, agents, servants, and employees (collectively, "Indemnified Party") from and
against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind, including attorneys' fees, court costs, and expenses, including through the conclusion of
any appellate proceedings, raised or asserted by any person or entity not a party to this
Agreement, and caused or alleged to be caused, in whole or in part: (a) by any intentional,
reckless, or negligent act or omission of City, its officers, employees, agents, or servants, arising
from, relating to, or in connection with this Agreement; or (b) by any act or omission by an
Indemnified Party in the course and scope of this Agreement (including, without limitation,
matters associated with a Project, an artist selected or not selected for a Project, the artwork
selected or not selected for a Project, or the selection process for an artist/artwork), except for
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acts or omissions resulting from an Indemnified Party's sole negligence or intentional
misconduct. (collectively, a "Claim"). If any Claim is brought against an Indemnified Party,
Contractor shall, upon written notice from County, defend each Indemnified Party against each
such Claim by counsel satisfactory to County or, at County's option, pay for an attorney selected
by the County Attorney to defend the Indemnified Party. The obligations of this section shall
survive the expiration or earlier termination of this Agreement. If considered necessary by the
Contract Administrator and the County Attorney, any sums due Contractor under this Agreement
may be retained by County until all Claims subject to this indemnification obligation have been
settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest
by County.
7.3. City agrees and acknowledges that County's providing to City of form and template
agreements and documents (e.g., County's template agreement for commissioned artwork, Call
to Artists, etc.) (collectively, "Form Documents"), are solely for City's convenience. County's use
of these form or template documents for its own public art program does not constitute a legal
opinion, including without limitation as to the legal sufficiency of these documents, or their
appropriateness for use by City or any third party, and City holds County harmless from and
against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind, including attorneys' fees, court costs, and expenses, including through the conclusion of
any appellate proceedings, raised or asserted by any person or entity not a party to this
Agreement, and caused or alleged to be caused, in whole or in part, or in any way relating to or
arising from, City's election to use any of the Form Documents (or sections thereof).
ARTICLE 8. INSURANCE
County is a self -insured governmental entity subject to the limitations set forth in Section 768.28,
Florida Statutes, and, upon request by City, shall provide City with written verification of liability
protection in accordance with state law upon request. If City is a self -insured governmental
entity, it shall, upon request by County, provide County with written verification of liability
protection in accordance with state law upon request.
If City is not self -insured, City shall maintain all policies of insurance requested by County in an
amount deemed necessary by County, in its reasonable discretion, necessary to satisfy City's
indemnification obligations stated in this Agreement.
ARTICLE 9. NOTICES
In order for a notice to a Party to be effective under this Agreement, notice must be sent via U.S.
first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous
copy via e-mail, to the addresses listed below and shall be effective upon mailing or hand delivery
(provided the contemporaneous e-mail is also sent). The addresses for notice shall remain as set
forth in this section unless and until changed by providing notice of such change in accordance
with the provisions of this section. All documentation and payments required to be provided
under this Agreement shall also be made at the noticed addresses pursuant to this section.
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For County:
Broward County, Cultural Division
Attn: Broward Cultural Division Director
100 S. Andrews Avenue
Fort Lauderdale, Florida 33301-1829
E-mail Address: pdunlap@broward.org
With simultaneous copies to:
Ifordham@broward.org
For City:
City of Dania Beach
Attn: Community Development Director
100 W. Dania Beach Blvd
Dania Beach, Florida 33304
E-mail Address: enorena@daniabeachfl.gov
With simultaneous copies to:
clajoie@daniabeachfl.gov
ARTICLE 10. MISCELLANEOUS
10.1. Public Records. Each Party shall comply with all applicable requirements of Chapter 119,
Florida Statutes, including the requirements of Section 119.0701 to the extent applicable as if
fully set forth herein.
IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954)
357-7532, CULTURALDIV@BROWARD.ORG, 100 S. ANDREWS AVENUE, 6TH
FLOOR, FORT LAUDERDALE, FLORIDA 33312.
10.2. Limited AgencV. County is acting as an agent for City in a limited capacity solely for purposes
of performing the Services, and nothing in this Agreement shall constitute or create a
partnership, joint venture, or any other relationship between the Parties. County shall not have
the right to bind City to any obligation not expressly provided for in this Agreement.
10.3. Third -Party Beneficiaries. Neither City nor County intends to directly or substantially benefit
a third party by this Agreement. Therefore, the Parties acknowledge that there are no third -party
beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim
against either of them based upon this Agreement.
10.4. Representation of Authority. Each Party represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of such Party, and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement that
such Party has with any third party or violates any law, rule, regulation, or duty arising in law or
equity applicable to such Party. Each Party further represents and warrants that execution of this
Agreement is within such Party's legal powers, and each individual executing this Agreement on
behalf of such Party is duly authorized by all necessary and appropriate action to do so on behalf
of such Party and does so with full legal authority.
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10.5. Compliance with Laws. In performing its duties, responsibilities, and obligations under this
Agreement, County and City must comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations, including, without limitation, the Americans with Disabilities
Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal,
state, or local laws, rules, and regulations.
10.6. Severability. In the event any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction, that part shall be deemed severed from this Agreement and the
balance of this Agreement shall remain in full force and effect.
10.7. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not be
construed more strictly against either Party.
10.8. Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
All personal pronouns used in this Agreement shall include the other gender, and the singular
shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not
to any sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a section or article of this Agreement, such reference is to the
section or article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article. Any reference to
"days" means calendar days, unless otherwise expressly stated.
10.9. Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached to, referenced by, or incorporated
in this Agreement and any provision of Articles 1 through 10 of this Agreement, the provisions
contained in Articles 1 through 10 shall prevail and be given effect.
10.10. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in
the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim
arising from, related to, or in connection with this Agreement must be litigated in federal court,
the exclusive venue for any such lawsuit shall be in the United States District Court or United
States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
10.11. Amendments. No modification, amendment, or alteration in the terms or conditions
contained in this Agreement shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by duly authorized
representatives of County and City.
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10.12. Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter and supersedes all prior and contemporaneous
negotiations and discussions regarding that subject matter. There is no commitment, agreement,
or understanding concerning the subject matter of this Agreement that is not contained in this
written document.
10.13. Incorporation by Reference. All recital clauses stated above are true and correct and are
incorporated in this Agreement by reference. The attached exhibits are incorporated into and
made a part of this Agreement.
10.14. Force Maieure. If the performance of this Agreement, or any obligation hereunder is
prevented by reason of hurricane, epidemic/pandemic, earthquake, or other casualty caused by
nature, or by labor strike, war, or by a law, order, proclamation, regulation, or an ordinance of
any governmental agency (including by either of the Parties), the Party so affected, upon giving
prompt notice to the other Party, shall be excused from such performance to the extent of such
prevention, provided that the Party so affected shall first have taken reasonable steps to avoid
and remove such cause of nonperformance and shall continue to take reasonable steps to avoid
and remove such cause, and shall promptly notify the other Party in writing and resume
performance hereunder whenever such causes are removed; provided, however, that if such
nonperformance exceeds sixty (60) days, the Party that is not prevented from performance by
the force majeure event shall have the right to terminate this Agreement upon written notice to
the Party so affected. This section shall not supersede or prevent the exercise of any right the
Parties may otherwise have to terminate this Agreement.
10.15. Use of Party Logo. Neither Party shall use the other's name, logo, or otherwise refer to
this Agreement in any marketing or publicity materials without the prior written consent of the
other Party or as otherwise expressly provided for in this Agreement.
10.16. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
10.17. Assignment. Neither this Agreement nor any right or interest in it may be assigned,
transferred, subcontracted, or encumbered by either Party without the prior written consent of
the other Party.
10.18. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth in this Agreement is substantial and important to the formation of
this Agreement, and each is, therefore, a material term of this Agreement. County's or City's
failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall
not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement. To be effective, any waiver must be in writing
signed by an authorized signatory of the Party granting the waiver.
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10.19. Equal Employment Opportunity Compliance. No Party to this Agreement may discriminate
on the basis of race, color, sex, religion, national origin, disability, age, marital status, political
affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance
of this Agreement. Failure to comply with the foregoing requirements is a material breach of this
Agreement, which may result in the termination of this Agreement. County and City shall not
unlawfully discriminate against any person in its operations and activities in fulfilling its
obligations under this Agreement. County and City shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act (ADA), including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines,
and standards.
(Remainder of Page Left Intentionally Blank)
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IN WITNESS WHEREOF, the Parties have made and executed this Agreement: Broward
County through its Board of County Commissioners, signing by and through its County
Administrator, authorized to execute same by Board action on the day of
, 2020, and City, signing by and through its , duly authorized
to execute same.
WITNESS:
(Signature)
(Print Name of Witness)
(Signature)
(Print Name of Witness)
SC
Dania Beach Public Art Interlocal Agreement
5/26/2020
#534413v1
BROWARD
BROWARD COUNTY, by and through
its County Administrator
Bv:
Bertha Henry, County Administrator
day of , 2020.
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Sara F. Cohen (Date)
Assistant County Attorney
By:
Nathaniel A. Klitsberg (Date)
Senior Assistant County Attorney
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR THE
BROWARD-COUNTY ADMINISTERED PUBLIC ART PROGRAM
ATTEST:
CITY CLERK
CITY OF DANIA BEACH
By:
CITY MAYOR
Print Name
day of .20
1 HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
City Attorney
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Exhibit A
Scope of Services
A. Creation of Municipal Public Art Program (if checked in Article 3 of the Agreement)
1. Summary of Services and Components: County will provide consulting services to City
towards the creation of a Public Art Program. As part of this consulting process, County shall
produce: (1) a master plan for City that identifies specific locations and types of art that City may
wish to consider as part of a Public Art Program ("Master Plan"); and (2) proposed guidelines for
the selection of art and the acceptance of private developer's proposals ("Guidelines").
Master Plan Components:
o Executive summary and reasons for public art
o Goals for public art
o Types of public art
o Location opportunities and recommended types of public art
o Proposed implementation — recommended materials and budgets
o Selection method overview
o Implementation of municipal public art ordinance
Guideline Components:
o How to perform a "Call to Artists"
o Proposed public art selection process and criteria
o How to purchase artwork
o Considerations for criteria for artwork
o Deaccession of artwork
o Donation policy
o Maintenance procedure
o Definitions
o Private developer guidelines
o Citizen -initiated artwork
o Artwork loans
Master Plan Phase 1: Research and Community Information
Staff time: not to exceed 330 hours.
County's Cultural Division ("Cultural Division") staff will review City's planning documents, assess
future development plans, conduct site visits, and interview key City staff and select members of
the community. This essential research will inform the master plan. Cultural Division staff will
also produce a press release and article describing City's public art initiative. The article will be
published on the artscalendar.com website and will be available for use by City.
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Phase 1
Month
Month
Month
Month
Month
Month
Month
Month
Month
Timeline
1
2
3
4
5
6
7
8
9
Evaluate
X
X
development
plans, private
development
climate, and
review with City
staff
Tour City parks,
X
X
and facilities,
analyze and
document
current
conditions
Information
X
X
gathering with
staff,
commissioners,
and others as
recommended
by City
Submit outline
X
of master plan
to City staff
Develop press
X
X
release/news
article
3. Master Plan Phase 2: Proposed Guidelines and Outline for Master Plan
Staff time: not to exceed 185 hours.
Cultural Division staff will prepare and submit guidelines for City's consideration regarding the
selection of public art and an outline for the master plan. These proposed guidelines will address
areas such as the criteria and process for selection of art, deaccession of art, the acceptance of
donations and loans, and the criteria and process for acceptance of public art in private
development. City will review the submissions and provide comments, and Cultural Division staff
will revise the proposed guidelines based on City feedback.
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Phase 2
Month
Month
Month
Month
Month
Month
Month
Month
Month
Timeline
1
2
3
4
5
6
7
8
9
Draft and
X
X
submit
guidelines
City review of
X
guidelines
Submit final
X
guidelines,
present to
staff and
Commission
as needed
Submit
X
outline for
master plan
to City staff
4. Master Plan Phase 3: Presentation of Master Plan
Staff time: not to exceed 241 hours.
In the third and final phase of the master plan development process, Cultural Division staff will
draft and submit the illustrated master plan to City staff for review and comment. After City staff
revisions and recommendations are incorporated, Cultural Division staff will make a final
presentation to City staff and, if requested, the City Commission.
(Timeline table on following page)
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Phase 3
Month
Month
Month
Month
Month
Month
Month
Month
Month
Timeline
1
2
3
4
5
6
7
8
9
Develop
X
X
X
X
X
and draft
plan,
internal
review, and
edits
Present
X
draft to
staff for
review and
comment
Submit
X
X
preliminary
draft for
staff
comment
Submit final
X
draft and
present to
staff and
Commission
Advise on
X
X
Roll Out
Ongoing Services: Design Development
Staff time: not to exceed 141 hours.
The fees paid by City to County for the Services described in this Section A include the printing of
documents for meetings, in -County transportation expenses, and printing of up to ten copies of
the master plan and guidelines.
Chart References: All references to "Months" in the charts above are calendar months.
Month 1 commences on the first day of the calendar month after the Effective Date.
B. Administration of Public Art Program (if checked in Article 3 of the Agreement)
[SECTION INTENTIONALLY DELATED]
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Exhibit B
Payment Schedule
County may invoice City for each Phase Payment or Milestone Payment Amount upon County's
delivery or completion thereof.
A. Creation of Municipal Public Art Program (if selected in Article 3 of the Agreement):
Phase
Summary Description (full description stated in Exhibit A)
Phase Payment
1
Research and Community Information
$25,000
2
Submission of Proposed Guidelines and Outline for Master Plan
$15,000
3
Delivery and Presentation of Final Master Plan
$17,000
TOTAL
$57,000
(Remainder of Page Left Intentionally Blank)
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