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Home My WebLink About06-06-2024 Public Art Advisory CommitteePublic Art Advisory Committee Thursday, June 6, 2024 3:30 PM Emma Harvat Hall City Hall, 410 E. Washington AGENDA 1. Call to order 2. Public discussion of any items not on the agenda 3. Consider minutes of the April 4, 2024 PAAC Meeting 4. South District Bus Stop Bench Project Update & Contract Discussion 5. Sculptor's Showcase Selections for 2024-2026 6. Discuss FY2025 Budget Priorities 7. Staff updates a. Arts Stakeholder Meeting — New Date TBD b. July Meeting Date (falls on July 4"' holiday) 8. Old or New Business 9. Adjournment If you will need disability -related accommodations in order to participate in this program/event, please contact Rachel Kilburg Varley, Public Art Coordinator at 319-356-5014 or rkilburg@iowo-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Draft, p.1 Public Art Advisory Committee Mtg, 4/4/2024 Minutes Public Art Advisory Committee April 4, 2024 Emma Harvat Hall Public Art Advisory Committee Members Present: Ben Clark, Steve Miller, Andrea Truitt, Jeremy Endsley, Rachel Kinker, Leslie Finer, Nate Sullivan Members Absent: Anita Jung, Juli Seydell Johnson Staff present: Rachel Kilburg Varley Public Present: None Call to Order Miller called the meeting to order at 3:36 p.m. Public Discussion of Any Item Not on the Agenda None. Introduction of new members: Leslie Finer and Rachel Kinker Committee members introduced themselves and welcomed new members, Kinker and Finer. Officer elections: Chairperson and Vice -Chairperson Per the PAAC by-laws, officers must be elected annually in February or the first possible meeting thereafter. Sullivan nominated Miller for the role of Chairperson, Clark seconded. Miller nominated Truitt for the role of Vice -Chairperson, Endsley seconded. Miller made motion to approve these nominations, motion passed (7-0). Consider minutes of the February 1, 2024 PAAC meeting. Truitt moved and Endsley seconded that the minutes from the February 1, 2024, meeting be approved. Motion passed (7-0). Determine Awards for the 2024 Public Art Matching Grant Program Committee members individually scored 2024 Public Art Matching Grant applications using a scoring rubric prior to the April PAAC meeting. Kilburg projected the compiled scores and anonymous comments for Committee review and discussion. Kilburg shared that $15,500 was available to award and approximately $46,505 in funding was requested. She noted that a few applicants (Open Air Media Festival, Public Space One, Family Folk Machine) were previous recipients of Public Art Matching Grant funds, though that does not disqualify them from being funded again. Kilburg also mentioned that after several Committee members had commented that two applicants' proposed project budgets were incomplete, she reached out to those applicants to seek Draft, p.2 Public Art Advisory Committee Mtg, 4/4/2024 clarification. Kilburg provided budget clarification received back on one of those grant proposals. Finer asked whether other Committee members felt the Open Air Media Festival submission was different enough from the past to warrant funding. Miller mentioned it is an annual event and that they are continuing to grow and invite new artists each year, but suggested the Committee consider allocating less than the amount requested. Finer asked whether there was a minimum funding requirement the Committee had to follow and Kilburg said the Committee has the discretion to make an award at any amount they desire. Sullivan noted that Open Air Media Festival, Quicker than a Ray of Light, Summer Groove Dance, This Too Shall Pass, Refocus Film Festival, Illuminating Excellence, and the Writing Garden proposals received the highest scores and suggested the Committee decide whether and how much to fund each of these top proposals. Miller suggested maxing out grant awards at $3,000 in order to fund all of these proposals. Committee members deliberated briefly. Several Committee members mentioned they liked the Englert's grant application and were disappointed it fell just outside of the top scores. Kilburg pointed out that, if funded, Open Air Media Festival will have been a top scoring application and funded for five years in a row. She suggested that, in the future, the Committee could consider funding that annual event as a sponsorship, rather than continuing to put it through the grant program, which would make more funding available for other projects. The Committee decided to discuss that possibility in the future before the next grant cycle. Sullivan made a motion to approve the following Public Art Matching Grant allocations, Finer seconded: • Open Air Media Festival - $3,000 • Quicker Than Ray of Light Then Gone - $1,725 • Summer Groove Dance — $555 • This Too Shall Pass — $3,000 • Refocus Film Festival — $3,000 • Illuminating Excellence - $3,000 • Writing Garden - $1,500 Motion passed (7-0). Discuss Sculptor's Showcase Program for 2024-2026 Kilburg Varley reviewed that the Sculptor's Showcase has been being offered annually, in which the Committee issues a Call for Artists to submit sculptures for consideration Draft, p.3 Public Art Advisory Committee Mtg, 4/4/2024 and selection for placement on one of 8 pads throughout the community. For the next round, staff recommended the following changes: • Transitioning from a one-year to two-year display period, which would lessen burden on both artists and City staff and open up additional budget flexibility in the "off' years; • Increasing the artist honorarium due to a longer display period; and • Streamlining the application form and imposing a maximum limit of 3 artwork submissions per artist. Committee members agreed with the proposed two-year cycle and discussed the amount of the honorarium and directed Kilburg to research stipends paid to artists in similar programs in other communities and establish a competitive rate based on that. Sullivan made a motion to accept the memorandum and increase the honorarium rate to no more than $2,500 for two years, Finer seconded. Motion passed (7-0). Discuss Lucas Farms Neighborhood & Meskwaki/Sauk History Project Kilburg shared that, after the Call for Qualifications for this project was unsuccessful, she contacted faculty at the Meskwaki Settlement School to discuss a possible partnership on a public art installation that involved students through art and trades curriculum. The students would have the opportunity to develop a design based on neighborhood input, fabricate the installation through their coursework, and install the project under the leadership of the faculty. Kilburg shared a proposal letter the faculty drafted which included a couple of concept ideas to demonstrate how they would approach the project. She clarified that the Committee was not selecting one of these concepts but should indicate whether they wish to move forward with this process. A concept would still be developed by the school faculty and students in partnership with the neighborhood, with final concept approval by the Committee. Discuss South District Bus Stop Bench Project Kilburg reminded the Committee that, after several delays due to budget issues, the Committee increased the project budget in September 2023 and has been waiting for an updated timeline and budget from the artist and artist mentor in order to amend the initial agreements. They artists submitted an updated budget just prior to the April 4, 2024 PAAC meeting, which was below the established $24,000 maximum budget Oust under $20,000). Miller asked about the responsiveness and timeliness of the artist/mentor on previous milestones. Kilburg shared that she had established monthly check -in meetings with the artist/mentor and there had been some difficulty with seeing progress be made over the last few months. Committee members discussed setting specific and firm project milestone deadlines to ensure the project stays on track. Kilburg suggested signing a first amendment to their agreements which would deliver the 4:1 scale metal model by May 15th. If that deliverable was met, then the Committee could consider signing a second amendment with the artist/mentor to complete the project in full, with those firm and specific milestone deadlines included. Truitt Draft, p.4 Public Art Advisory Committee Mtg, 4/4/2024 suggested the Committee invites the artist/mentor to provide more frequent progress updates at PAAC meetings, and not just with staff. She also asked whether making smaller, more incremental payments to the artist/mentor is possible to ensure the deliverables are being met. Miller asked Kilburg to work with the City Attorney's Office to determine the right contract language that accomplishes the Committee's interest in firm deadlines and fiscal responsibility. Kinker made a motion to authorize an agreement amendment with both the artist and mentor for the completion of the 4:1 scale metal model, Sullivan seconded. Motion passed (7-0). Outreach & Enclaclement Subcommittee Updates Miller mentioned a draft agenda for the Arts Stakeholder Meeting was included in the agenda packet and asked for any comments or feedback. The Committee members discussed possible dates and Truitt and Finer encouraged staff to consider a guest speaker who would be a fresh voice for attendees. Miller also suggested lengthening the period for discussion and that the agenda timeline overall felt a little rushed. Kilburg agreed to incorporate these suggestions and continue planning the event. Staff Updates Kilburg shared that the Downtown Iowa City Cultural & Entertainment District launched a new marketing campaign, "X Marks the Arts," and encouraged Committee members to subscribe to the newsletter. Kilburg Varley also shared that she is unable to attend the May PAAC meeting and will have another staff member lead the meeting in her absence. Miller and Truitt shared their experiences and thoughts on the Regional Arts Summit which they attended in March. Adjournment Clark moved to adjourn at 4:39 pm. Sullivan seconded. Motion passed (7-0). Draft, p.5 Public Art Advisory Committee Mtg, 41412024 Public Art Advisory Committee Attendance Record MIMI IYU Name Term Expires 2/2123 416/22 514122 618123 716123 813123 917/23 1112123 1217/23 114124 211124 Ron Knoche X X* X X X X X* X X X* X Juli Seydell- X X X X X X X OIE X* X X Johnson Steve Miller 12/31/23 X OIE X X X X X X X X X Eddie 12/31/24 OIE X OIE OIE OIE OIE 0 — — — — Boyken Andrea 12/31/25 X X X X X X X X X DIE X Truitt Anita Jung 6/30/23 X X X X OIE OIE X X X X X Jenny 12/31/23 X DIE DIE X X X DIE DIE X — — Gringer Jeremy 12/31/25 OIE OIE X X OIE X 0 X X X X Endsley Nate 6/30/26 — — — — X X X X X OIE OIE Sullivan Key X = Present X* = Delegate attended O = Absent O/E = Absent/Excused --- = Not a member South District Bus Stop Bench — Revised Budget Subtotal I Parts/Labor aid Out emaining 1: Concept DesignPhase $1,300 Mentor Labor 1,300 $2,000 Artist Labor 2,000 - $3,300 Phase 1 Subtotal 50 Phase 2: Fabrication of 4:1-Scale Metal Model Materials (qty x price): $1,191.58 2in .120 EW Steel tubes Inr ft (113 x $4.64) 1,191.58 - 14G Steel - 4ft x 10ft sheets (2 x 283.63) • Bolts & hardware (1 x $100) $700 Artist Labor 700 $1,891.58 Fabrication Phase 2 Subtotal & Final Project InstallationPhase $1,191.58 700 3: $2,805 of Artist Labor $2,805 $700 Mentor Labor 700 Materials (qty x price): • 2in .120 EW Steel tubes Inr ft (450 x $4.64) $7,684.29 a 14G Steel - 4ft x 10ft sheets (10 x $283.63) $8,130.36 • Finishes - primer, paint, etc ( 4 x $150) • Floor Mounted Jib Crane (1 x $2,606.06) $1,150.00 Equipment rental (telehandler- 1 week) 0,150.00 $2,500.00 Cement Footing/Foundation 2,500.00 $5,000.00 Structural Engineer (30 hours x $100/hr) 5,000.00 + 700 Credit: unspent funds for materials from Phase 2 $700.00 $19,585.36 Phase 3 Subtotal Project Total PO $4,491.58 19,585.36 *Budget not to exceed:$24,000 **At least $776.94 needs to be reduced from amount remaining to be paid out. Amendment #2 to Agreement for The South District Bus Stop Bench Art Project by and between the City and Ethan Wyatt Whereas, on March 8, 2023, the City of Iowa City, hereinafter referred to as the CITY and Ethan Wyatt, hereinafter referred to as ARTIST, entered in the Agreement for the South District Bus Stop Bench Project by and between the City and Ethan Wyatt, hereinafter referred to as the Agreement; and Whereas, the Agreement requires ARTIST to complete certain phases of the public art project, hereinafter PROJECT, by certain dates; and Whereas, on April 16, 2024, the City and ARTIST amended the Agreement to provide additional time for the ARTIST to complete the fabrication of a 4:1 scale metal model and the City agreed to increase the overall project budget to no more than $24,000; and Whereas, the City has paid ARTIST $3,191.58 for labor and cost of materials for metal model; and Whereas, although ARTIST has not completed all remaining phases as required under the Agreement, the City and ARTIST desire to allow ARTIST additional time to complete the full scope of the PROJECT. NOW THEREFORE, it is agreed by and between the City and ARTIST to further amend the amended Agreement as set forth herein. Article 1, entitled Scope of Services, is amended by deleting Paragraph 1.1 b in its entirety and the following new Paragraph 1.1 b is substituted in lieu thereof: b. ARTIST shall work with the Project Mentor and CITY'S REPRESENTATIVE to produce and install the PROJECT by September 30, 2024, according to the following schedule: Deadline Payment Milestone June 30, 2024 ARTIST will identify the materials to be purchased along with the cost of the materials by this date. The City will promptly make a payment to ARTIST for the cost of the materials upon City review and approval of the materials to be purchased. After purchasing the materials, ARTIST must provide receipts from the materials to the City, and any unspent funds will be subtracted from future payments or reimbursement requests owed. Aug. 30, 2024 Artist Payment #1 ($1,403)* Fabricate sculpture & installation of concrete pad and footings Sept. 30, 2024 Artist Payment #2 ($1,403)* Install jib crane & sculpture ARTIST shall also submit invoices for any equipment rental, concrete pad and footings, and structural engineer services by this date. The City will promptly make a payment to the vendor upon City review and approval.* The City shall not make any payments in excess of the maximum project budget or for any ineligible expenses. It is the responsibility of the ARTIST to obtain pre -approval from the City for such expenses to avoid incurring ineligible expenses. *less any unspent funds from the payment for materials ARTIST agrees and acknowledges the PROJECT is incomplete. If ARTIST fails to meet any of the milestones by the deadline, the City may terminate this Agreement as provided for herein, and if terminated, the City shall not be obligated to pay ARTIST any remaining scheduled payments, and ARTIST shall immediately reimburse the City for the funds the City paid to ARTIST to purchase the materials. City payments shall not exceed $24,000, less all expenses already paid out to this Agreement ($3,191.58) and under the separate Mentor Agreement dated January 4, 2023 ($1,300). All other provisions of the Agreement and Amendment #1 to the Agreement, not inconsistent with this amendment, remain in full force and effect. ARTIST Ethan Wyatt Date Artist CITY Geoff Fruin Date City Manager Approved: City Attorney's Office PUBLIC ART SPECIFICATIONS AND MAINTENANCE REPORT ARTIST: TITLE OF WORK: PROJECT ADDRESS PART I - FABRICATION AND INSTALLATION INFORMATION MATERIALS 1. Material(s) used (be specific; include also source or manufacturer, life expectancy of material according to manufacturer; attach manufacturer's technical data sheets, if available): 2. Material finish (e.g., natural, paint color and type, glaze, patina, sealer, fire retardant, etc.; be specific; include also brand or manufacturer): 3. Materials used in the presentation of the artwork (e.g., composition of base or backing, framing, type of hanging fixtures, etc.): FABRICATION 1. Fabricator Name: Address: Phone Number: 2. Fabrication technique or method (attach diagrams or drawings, if necessary): INSTALLATION 1. Installation executed by: Name: Address: Phone Number: 2. Installation method (attach plans showing footing and/or key installation details): EXTERNAL FACTORS 1. Describe physical positioning of the artwork (e.g., measured distances from relative objects or points in the environment): 2. Describe existing environmental factors which may affect the condition of the artwork and any precautionary measures (e.g., direct sunlight, extremes of annual rain, temperature, air moisture or dryness, acidity of rainfall, flooding, wind, erosion, vibrations, air pollutants, vehicular and/or pedestrian traffic; animal interaction --bird droppings, potential for nesting, burrowing; human interaction with artwork --touching, sitting, climbing, vandalism): DESIRED APPEARANCE 1. Describe the desired appearance in specific terms including the physical qualities such as matte rather than glossy luster; color of patina etc., for which the agency should strive in order to maintain the artist's intent. Describe what may be acceptable alterations in form surface, texture and coloration as related to natural aging of materials. Include drawings or photographs which show the condition of the artwork upon installation: 2. If the work is site -specific, describe in detail the particular relationship of the work to its site, including any significant physical aspects of the site, which, if altered, would significantly alter the artist's intended meaning and/or appearance for the work (attach drawings as appropriate): PACKING AND SHIPPING INSTRUCTIONS 1. Please explain how the art should be packed and shipped should the artwork ever need to be transported (be specific, attach diagrams if necessary): PART II - CONSERVATION INSTRUCTIONS The Artist should provide detailed instructions regarding the methods and frequency of maintenance for the artwork as follows (attach additional information as appropriate): 1. Routine maintenance (e.g., removal of dust, dirt; maintenance of protective surfaces; tightening, adjusting, oiling; trimming of plant materials, etc.): 2. Cyclic maintenance (less frequent and more extensive preventive measures, e.g., disassembly and inspection; reapplication of protective sealers; repainting; cleaning of textiles, etc.): 3. Who should be considered competent to perform cyclic maintenance? Describe any special training, materials, tools, or procedures required. 4. Who should be considered competent to perform significant repairs? 5. Describe any special training, materials, tools, or procedures required for refitting, replacing, or reconstructing portions of the artwork damaged by vandalism, accidents, disasters, or weathering. AMENDMENT #2 TO AGREEMENT Whereas, on January 4, 2023, the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Ray Michels of Iowa City, Iowa, hereinafter referred to as the Consultant, entered into the Agreement (hereinafter referred to as the Agreement) for the mentorship of an emerging artist; and Whereas, on April 17, 2024, the City and Consultant amended the Agreement to provide additional time for the Consultant to complete mentorship services through on the fabrication of a 4:1 scale metal model; and Whereas, although the full scope of mentorship services have not been completed, the City and Consultant desire to further amend the Agreement to allow Consultant additional time to complete the mentorship services for the completed and installed project. NOW THEREFORE, it is agreed by and between the City and Consultant to further amend the Agreement as set forth herein. Part II of the amended Agreement, entitled Time of Completion, is amended by adding the following: • Consultant agrees and acknowledges the bench has not been installed. • Consultant shall provide mentorship guidance to the Emerging Artist through the completion of the project by September 30, 2024. • Consultant acknowledges he may be invited to attend the Public Art Advisory Committee meeting no more than monthly to provide an update and answer questions. • If Consultant fails to provide the mentorship services to the Emerging Artist through September 30, 2024, the City may terminate this Agreement as provided for herein, and if terminated, the City shall not be obligated to pay Consultant $700 for installation of the bench. All other provisions of the Agreement, not inconsistent with this amendment, remain in full force and effect. For the City Geoff Fruin, City Manager Date: 2024 For the Consultant Ray Michels Date: .2024 Approved by: City Attorney's Office Date Agreement for The South District Bus Stop Bench Art Project By and between the City and Ethan Wyatt THIS AGREEMENT is made on, % , 2023, between the City of Iowa City, hereinafter referred to as the CITY, who is the owner of the bus stop #7126 on Highway 6 east of Heinz Road, Iowa City, Iowa and hereinafter referred to as ARTIST. For the purposes of this Agreement, the CITY'S REPRESENTATIVE shall be the City Manager or designee, the COMMITTEE shall be the Iowa City Public Art Advisory Committee and the PROJECT shall be the South District Bus Stop Bench Art Project. WHEREAS, the COMMITTEE issued a Call for Emerging Artists inviting artists to submit their qualifications to participate in the PROJECT funded through the Iowa City Public Art program in January 2023; and WHEREAS, several responses were received by area artists; and WHEREAS, a subcommittee comprised of representatives of the South District Neighborhood Association and the COMMITTEE and the Project Mentor met to review submissions and form a recommendation for the COMMITTEE; and WHEREAS, on February 5, 2023, the COMMITTEE reviewed the submissions and supported the recommendation of the subcommittee to work with the ARTIST; and WHEREAS, the PROJECT requires that the ARTIST and Project Mentor coordinate with the South District Neighborhood Association in developing a design for the PROJECT by responding to their input for the PROJECT; and WHEREAS, the, parties hereto now wish to memorialize the relative rights and responsibilities regarding completion and maintenance of the PROJECT. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General The parties agree that the PROJECT will be reviewed and approved by representatives of the South District Neighborhood Association and the COMMITTEE at meetings to be held in April and May, 2023. a. CITY shall pay ARTIST a commission of $10,000 for the PROJECT according to the schedule set forth below, which may be withheld as provided herein. b. ARTIST shall work with the Project Mentor and CITY'S REPRESENTATIVE to produce and install the PROJECT by September 30,2023 according to the following schedule: Date Payment Milestone Feb. 28, 2023 151 installment Committee approves recommended artist (within 21 days) $2,000 May 4, 2023 2nd installment Artist, Project Mentor and South District (within 15 days) $8,000 Neighborhood reps share approved final designs with Committee and Committee approves Failure to meet the above schedule will result in withholding payment to the ARTIST and/or termination of this Agreement, as provided herein. C. The CITY'S REPRESENTATIVE shall have the right to review the PROJECT at reasonable times during the fabrication and installation thereof to ensure general conformity to final approved design plans. d. The CITY agrees to provide access to the ARTIST as necessary for site preparation/installation of the PROJECT. e. The ARTIST agrees to work with the CITY in planning for and installation of the PROJECT throughout the process. The CITY reserves the right to determine what components of the installation the CITY can reasonably provide given skill and other available resources. The ARTIST agrees to be responsible for all costs related to the installation of the PROJECT beyond the agreed upon CITY installation assistance. It is expressly understood and agreed that the acceptance and installation of the PROJECT is conditioned upon the feasibility of a safe and secure installation. If it is determined by the CITY, after arrival of the PROJECT or before then, that because of inherent qualities or attributes of the PROJECT it is not feasible or consistent with the budgeting resources to install the PROJECT safely and securely, the CITY shall be under no obligation to do so. f. All costs related to the transportation and delivery of the PROJECT from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and installs the PROJECT on the bus stop pad at stop #7126 on Highway 6 east of Heinz Road, Iowa City, Iowa. g. The CITY, as owner of the bus stop at which the PROJECT is to be installed, reserves the right, in its sole discretion, to perform any maintenance activities without having any requirement or obligation to replace, refurbish, pay compensation or reimbursement for any part of the PROJECT that may be damaged or destroyed, and CITY makes no warranties that any such actions will not result in damage or destruction to said PROJECT. Further, CITY, as owner of the PROJECT may, in its sole discretion, take any other actions consistent of the public use of said PROJECT or public necessity without having any requirement or obligation to replace, refurbish, pay compensation or reimbursement for any part of the PROJECT that may be damaged or destroyed, and CITY makes no warranties that any such actions will not result in damage or destruction to said PROJECT. 1.2 Maintenance and Longevity a. Upon completion of the PROJECT, the ARTIST shall provide to the CITY'S REPRESENTATIVE a Specification and Maintenance Report (attached) that outlines the appropriate maintenance and preservation of the PROJECT. b. Notwithstanding paragraph 1.1 (h) above, the CITY requires, and ARTIST agrees to maintain the PROJECT in place for three years from acceptable completion of the project. c. ARTIST agrees that they will not intentionally damage, alter, modify or change the PROJECT without the prior written approval of the CITY. 1 .3 Risk of Loss The risk of loss or damage to the PROJECT shall be borne by the ARTIST. Article 2. Certifications 2.1 Certifications of Title ARTIST represents and certifies that, to the best of its knowledge: (a) the PROJECT is solely the result of the effort of ARTIST; (b) the PROJECT is unique and original and does not infringe upon any copyright; and (c) the PROJECT is free and clear of any liens from any source whatever. 2.2 Warranties of Quality and Condition CITY accepts responsibility for all general maintenance and repair as outlined in the maintenance guidebook and as well as repairs necessary due to general wear and tear from daily use for the life of the PROJECT. ARTIST represents and certifies that, to the best of its knowledge: (a) the execution and fabrication of the PROJECT will be performed in a workmanlike manner; (b) the PROJECT, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the PROJECT; and (c) the ARTIST accepts responsibility for repair of defects in material or workmanship that occurred during the execution and fabrication of the PROJECT for the first two years after installation. Article 3. ARTIST as Independent Contractor. ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the CITY. ARTIST shall not be supervised by any employee or official of the CITY, nor shall ARTIST exercise supervision over any employee or official of the CITY. Article 4. Termination If any party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Article 5. General Terms 5.1. ARTIST shall not, to the best of its ability commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 5.1.1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 5.1.2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 5.2 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 5.3 Upon signing this Agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest on behalf of ARTIST, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. Article 6. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 7. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. ARTIST oh � /% /Zoz3 Ethan Wyatt Date Artist CITY City Manager Approved: �1:. M t J City Attorney's Office PUBLIC ART SPECIFICATIONS AND MAINTENANCE REPORT ARTIST: TITLE OF WORK: PROJECT ADDRESS PART I - FABRICATION AND INSTALLATION INFORMATION MATERIALS 1. Material(s) used (be specific; include also source or manufacturer, life expectancy of material according to manufacturer; attach manufacturer's technical data sheets, if available): 2. Material finish (e.g., natural, paint color and type, glaze, patina, sealer, fire retardant, etc.; be specific; include also brand or manufacturer): 3. Materials used in the presentation of the artwork (e.g., composition of base or backing, framing, type of hanging fixtures, etc.): FABRICATION 1. Fabricator Name: Address: Phone Number: 2. Fabrication technique or method (attach diagrams or drawings, if necessary): INSTALLATION 1. Installation executed by: Name: Address: Phone Number: 2. Installation method (attach plans showing footing and/or key installation details): EXTERNAL FACTORS 1. Describe physical positioning of the artwork (e.g., measured distances from relative objects or points in the environment): 2. Describe existing environmental factors which may affect the condition of the artwork and any precautionary measures (e.g., direct sunlight, extremes of annual rain, temperature, air moisture or dryness, acidity of rainfall, flooding, wind, erosion, vibrations, air pollutants, vehicular and/or pedestrian traffic; animal interaction --bird droppings, potential for nesting, burrowing; human interaction with artwork --touching, sitting, climbing, vandalism): DESIRED APPEARANCE 1. Describe the desired appearance in specific terms including the physical qualities such as matte rather than glossy luster; color of patina etc., for which the agency should strive in order to maintain the artist's intent. Describe what may be acceptable alterations in form surface, texture and coloration as related to natural aging of materials. Include drawings or photographs which show the condition of the artwork upon installation: 2. If the work is site -specific, describe in detail the particular relationship of the work to its site, including any significant physical aspects of the site, which, if altered, would significantly alter the artist's intended meaning and/or appearance for the work (attach drawings as appropriate): PACKING AND SHIPPING INSTRUCTIONS 1. Please explain how the art should be packed and shipped should the artwork ever need to be transported (be specific, attach diagrams if necessary): PART II - CONSERVATION INSTRUCTIONS The Artist should provide detailed instructions regarding the methods and frequency of maintenance for the artwork as follows (attach additional information as appropriate): 1. Routine maintenance (e.g., removal of dust, dirt; maintenance of protective surfaces; tightening, adjusting, oiling; trimming of plant materials, etc.): 2. Cyclic maintenance (less frequent and more extensive preventive measures, e.g., disassembly and inspection; reapplication of protective sealers; repainting; cleaning of textiles, etc.): 3. Who should be considered competent to perform cyclic maintenance? Describe any special training, materials, tools, or procedures required. 4. Who should be considered competent to perform significant repairs? 5. Describe any special training, materials, tools, or procedures required for refitting, replacing, or reconstructing portions of the artwork damaged by vandalism, accidents, disasters, or weathering. Amendment to Agreement for The South District Bus Stop Bench Art Project by and between the City and Ethan Wyatt Whereas, on March 8, 2023, the City of Iowa City, hereinafter referred to as the CITY and Ethan Wyatt, hereinafter referred to as ARTIST, entered in the Agreement forthe South District Bus Stop Bench Project by and between the City and Ethan Wyatt, hereinafter referred to as the Agreement; and Whereas, the Agreement requires ARTIST to complete certain phases of the public art project, hereinafter PROJECT, by certain dates; and Whereas, although ARTIST has not completed said phases as required under the Agreement, the City and ARTIST desire to allow ARTIST additional time to complete the PROJECT. NOW THEREFORE, it is agreed by and between the City and ARTIST to amend the Agreement as set forth herein. Article 1, entitled Scope of Services, is amended by deleting Paragraph 1.1 b in its entirety and the following new Paragraph 1.1b is substituted in lieu thereof: b. ARTRTIST shall work with the Project Mentor and CITY'S REPRESENTATIVE to: Date Payment - Milestone April 15, 2024 1" installment ($1,191.58) Purchase materials May 23, 2024 2"d installment ($700.08) Fabricate 1:4 scale metal model of the final bench design ARTIST agrees and acknowledges the PROJECT is incomplete. If fabrication of a 1:4 scale metal model of the final bench design is completed by May 23, 2024, the CITY and ARTIST may enter into a second amendment to this Agreement to establish deadlines and the remaining PROJECT budget for the time period until the bench is fully installed and the PROJECT is completed. ARTIST acknowledges he may be invited to the Public Art Advisory Committee meeting on June 6, 2024, to provide an update and answer questions. If ARTIST fails to fabricate a 1:4 scale metal model of the final bench design by May 23, 2024, the City may terminate this Agreement as provided for herein, and if terminated, the City shall not be obligated to pay ARTIST $700.08 for fabrication of the metal model. Article 4, entitled Termination, is deleted in its entirety and the following new Article 4 is substituted in lieu thereof: If any party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice of termination specifying the grounds for termination. Failure to meet the above schedule will result in withholding payment to the ARTIST and/or termination of this Agreement, as provided herein. All other provisions of the Agreement, not inconsistent with this amendment, remain in full force and effect. ARTIST Ethan Wyatt 4/16/2024 Ethan Wyatt Date Artist CITY GeoOFruin Date City Manager Approved: City Attorney's Office AGREEMENT This agreement, made and entered into this 4th day of January 2023, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Ray Michels of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas, the City, in cooperation with the Iowa City Public Art Advisory Committee ("PAAC") and the South District Neighborhood Association ("SDNA"), desire the services of a person to mentor an emerging artist through the process of design and fabrication of a City bus stop bench; and Whereas, the City issued a Request for Qualifications for an artist mentor; and Whereas, Consultant responded to the Request for Qualifications and has been selected to be the artist mentor. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultant shall coach the emerging artist in the process of: (hours estimated in italics) 1. getting public input from the neighborhood through in person or electronic meetings (10) 2. selecting appropriate materials for fabrication (20) 3. fabricating the design of the bench (20) 4. installing the bench (10) 5. instructing the emerging artist on maintenance techniques (5) The bench design shall highlight the South District neighborhood's rich cultural diversity. The bench is to be a functional landmark in the neighborhood. The design shall respond to or capture the diversity of language, background, and culture of the South District residents. • Consultant shall participate in the Public Art Advisory Committee and Neighborhood Association's selection of the Artist, meet regularly with and be available to the emerging artist for questions and assistance throughout the artistic process. This will include the development of the Request for Proposals directed to Emerging Artists. • Consultant shall, if requested, make recommendations on materials, design concepts, design details, fabrication techniques, installation, and budget with the goal of helping mentor the emerging artist with the skills needed for building a career as an artist. The location of the bench will be just east of the intersection of Highway 6 East @ Heinz Road (stop 7126). It. TIME OF COMPLETION The Consultant shall provide mentorship guiding the Emerging Artist through the completion of the following phases of the Project in accordance with the schedule shown. Published Jan. 6, 2023 Artist Mentor assists in writing RFQ for Emerging Artists Jan. 23, 2023 RFQ Submission deadline for Artists By Jan. 31, 2023 Selection of Artist by Neighborhood representatives (date TBD) SDNA proposes Emerging Artist selection to PAAC Feb. 2, 2023 April 29, 2023 SDNA Approves Final Designs May 4, 2023 SDNA shares final design with PAAC September, 2023 Installation Completed III. COMPENSATION FOR SERVICES For the services provided herein, the City shall pay Consultant a lump sum of $2,000 including expenses. The $2000 total will be paid on the following schedule: $600 upon the Neighborhood's selection of the Artist, scheduled for Jan. 31, 2023 $700 upon SDNA's recommending designs to the Public Art Advisory Committee, scheduled for May 4, 2023 $700 upon installation of the bench IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. [Par. G, H, and I are intentionally omitted.] J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. [Par. L and M are intentionally omitted.] N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. Notwithstanding the foregoing, Consultant shall in not event be obligated to City under this Section O for any losses that exceed the total amount paid by City to Consultant under this Agreement. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 3. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. [Par. P and Q are intentionally omitted.] R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City By: Title:_ Date: U K /z 7 For the Consultant BY Title: Local Artist Date: 04, January 2023 Approved by: � 1 City Attorney's Office r-v ,33 Date FIRST AMENDMENT TO AGREEMENT Whereas, on January 4, 2023, the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Ray Michels of Iowa City, Iowa, hereinafter referred to as the Consultant, entered into the Agreement (hereinafter referred to as the Agreement) for the mentorship of an emerging artist; and Whereas, the Agreement required Consultant to complete the mentorship services by September 2023; and Whereas, although the mentorship services have not been completed, the City and Consultant desire to amend the Agreement to allow Consultant additional time to complete the mentorship services. NOW THEREFORE, it is agreed by and between the City and Consultant to amend the Agreement as set forth herein. Part II of the Agreement, entitled Time of Completion, is amended by adding the following: • Consultant agrees and acknowledges the bench has not been installed. • Consultant shall provide mentorship guidance to the Emerging Artist through the completion of the fabrication of a 4:1 scale metal model of the final bench design until May 23, 2024. • If fabrication of a 4:1 scale metal model of the final bench design is completed by May 23, 2024 and if Consultant has provided the mentorship services to the Emerging Artist through May 23, 2024, the City and Consultant may enter into a second amendment to this Agreement to establish deadlines for the time period until the bench is fully installed and Consultant acknowledges he may be invited to the Public Art Advisory Committee meeting on June 6, 2024 to provide an update and answer questions. If Consultant fails to provide the mentorship services to the Emerging Artist through May 23, 2024, the City may terminate this Agreement as provided for herein, and if terminated, the City shall not be obligated to pay Consultant $700 for installation of the bench. All other provisions of the Agreement, not inconsistent with this amendment, remain in full force and effect. For the City For the Consultant By: By: G off CFr in, City Manager Ray Michels Date: /�/ ! / .2024 Date: April 16 Approved by: City Attorney's Office 't -a Y- a* Date tt rl S Scott Blvd 3S PAIB'llo b, P > o r� o Dover St T O ddow'Dr .r S 1s1 Ave, !1� ❑ c N U j �Cy any PoZ i f�• 0��A ul we aAV PJE ) a 1 0 3 I` h C O IS aJOWCaAS � Dearborn St a > ` U Q ❑ c � a a o • JD Ilassna m _ a ¢ T p > U JQ J0dLi N Q mmil St - o - r o T � Y Jg Mn yc rods- u �lJ gll'JS I ,— S uc�ol .,•f �� .�.. _ .r • Y S Riveos)de Dr— 7- .•ter Q ry. Z 11 4/22/24, 1:44 PM PAAC Budget Survey PAAC Budget Survey 5 responses Publish analytics Please select your top budgetary priorities for FY25, based on existing PAAC programs, activities, and goals. (Select no more than 3). 5 responses Sculptor's Showcase Grant Programs Large Neighborhood Art I... Large Public (City -owned... Maintenance of Existing... Public Art Inventory & Me... Outreach & engagement... Artist support programs 0 1 2 3 Considering budget limitations, please identify any projects or programs you would like to offer annually versus every other year. 6 Annually Every Other Year 4 7 I LO Copy 3 (60%) 3 (60%) L❑ Copy Sculptors Grants Neighborhood Public Property Art Maintenance of Showcase Public Art installations existing installations installations 'J https://docs.google.com/forms/d/1sOgpj JeNSbgPPonRjVjgnZV9FEBOWkHT-oLBSCn_VM/viewanalytics 113 4/22/24, 1:44 PM PAAC Budget Survey Considering limited staff capacity, please select the top 3 ways you L❑ Copy would like staff time to be prioritized in FY25: 5responses Planning: Public Strategic Plan & Art Mair Implementation of Lai Public Art Proje Outreach & Engagem with artists & arts Comn Maintain & improve exist programs (Sculptor's Shc Administer grant prograr including the Matching C 0 1 2 3 4 5 5 (100%) Please share any other thoughts, questions, or concerns you have regarding the Public Art budget & priorities: 2responses Getting an intern would be helpful due to the time commitment required for an updated Public Art Strategic Plan. Based on what staff priorities end up being and what staff capacity is, I'm wondering then if PAAC members can help with certain other activities a bit more. As in: "Here are the staff priorities we've laid out, here's where staff needs help/members can help. This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy Google Forms https://docs.google.com/forms/d/1 sOgpj JeNSbgPPonRjVjgnZV9FEB0WkHT-oLBSCn_VM/viewanalytics 213 4/22/24, 1:44 PM PAAC Budget Survey w https://docs.google.com/forms/d/1 sOgpjjJeNSbgPPonRjVjgnZV9FEBO WkHT-oLBSCn_VM/viewanalytics 313 FY2025 Public Art Budget Expense Line Amount Notes Sculptor's Showcase (2024-2026) $18,000 Selections made June 2024. Paid out in August. South District Bench Project $18,810 $24k total budget. $5,191.58 paid out to -date. Lucas Farms Neighborhood Project $17,137 Plan to resume in Fall semester Dave Dennis — Maintenance Contract $6,526 'Birds in Flight" remaining completion Total $53,947 Budget00(additional Expense Line Amount Notes Maintenance $15,000 Inventory Condition Assessment & public art maintenance projects Public Art Matching Grant Program $15,000 Opportunity Fund $23,500 Other grant programs or priorities Misc. $2,000 Longfellow tunnel, updated strategic plan, misc. plaques or supplies Total $55,500