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Home My WebLink About07 - Amendment to PSA for Sculpture Exhibition Project Management ExtensionQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report February 11, 2025 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Melissa Hartson, Library Services Director - 949-717-3801, mhartson@newportbeachca.gov PREPARED BY: Melissa Hartson, Library Services Director TITLE: Amendment to Professional Services Agreement with Arts Orange County for Sculpture Exhibition Project Management Extension ABSTRACT: At the November 12, 2024, City Council meeting, the Council approved a new Sculpture Exhibition in Civic Center Park timeline that extends the display period from two years to three years. To align with the approved update, both the Phase VIII and Phase IX Sculpture Exhibition professional services agreements with Arts Orange County must be amended to reflect the new three-year timeline and adjusted compensation amount. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Two to the Professional Services Agreement with Arts Orange County for Sculpture Exhibition — Phase VIII, which extends the term of the agreement to September 1, 2026, and increases the contract amount by $7,500, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Amendment No. One to the Professional Services Agreement with Arts Orange County for Sculpture Exhibition — Phase IX, which extends the term of the agreement to October 1, 2027, and increases the contract amount by $7,500, and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The Sculpture Exhibition in Civic Center Park is an ongoing public art display that is a primary feature of the Newport Beach Civic Center. The City Arts Commission (Commission) determined that a rotating exhibition was the optimal approach for bringing a variety of sculpture to Newport Beach in a cost-efficient manner. In August 2013, the City Council (Council) authorized the Commission to implement an inaugural rotational sculpture exhibit in Civic Center Park. Since 2014, the City has exhibited nine sculpture phases in the park with Phases VIII and IX currently on display. 7-1 Amendment to Professional Services Agreement with Arts Orange County for Sculpture Exhibition Project Management Extension February 11, 2025 Page 2 Council approved extending the exhibit period for Sculpture Exhibition Phases VIII and IX at its November 12, 2024 meeting. The approval modified the duration from a two-year to a three-year exhibit period. Arts Orange County (ArtsOC) has provided public art coordination and site management services through professional services agreements for both phases. The longer exhibit period adds a year to the term of each agreement and increases the project management fee by $7,500 per phase, changing the Phase VIII contract amount to not exceed $124,000 and the Phase IX contract amount to not exceed $126,500. FISCAL IMPACT: The adopted budget includes sufficient funding for increasing the ArtsOC Sculpture Exhibition Phases VIII and IX agreements. It will be expensed to the Sculpture Exhibition account in the Cultural Arts Division of the Library Services Department, 01060603- 811059. The agreement extensions result in an overall savings of $70,000 this fiscal year by eliminating the need for deinstallation of existing sculptures and installation of new sculptures. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. Two to Professional Services Agreement with Arts Orange County — Phase VIII Attachment B — Amendment No. One to Professional Services Agreement with Arts Orange County — Phase IX 7-2 ATTACHMENT A AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH ARTS ORANGE COUNTY FOR SCULPTURE EXHIBITION — PHASE VIII THIS AMENDMENT NO. TWO TO PROFESSIONAL. SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 14 day of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ARTS ORANGE COUNTY, a California corporation ("Consultant"), whose address is 17620 Fitch Avenue, Suite 255, Irvine, California 92614, and is made with reference to the following: RECITALS A. On September 27, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") for implementation of temporary sculpture exhibit Phase VIII ("Project"). B. On October 24, 2023, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to decrease the contingency in Consultant's total compensation. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to September 1, 2026 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on September 1, 2026, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be deleted in its entirety and replaced with the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be deleted in its entirety and replaced with the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. 7-3 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Four Thousand Dollars and 001100 ($124,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Arts Orange County Page 2 7-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i2 - i V , 2,( By: a on C. Harp 1J Q� VA City Attorney 104 ATTEST: Date: in Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Joe Stapleton Mayor CONSULTANT: ARTS ORANGE COUNTY, a California nonprofit corporation Date: By: Richard Stein President and Chief Executive Officer Date: By: Susan K. Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Hod Arts Orange County Page 3 7-5 EXHIBIT SCOPE OF SERVICES Arts Orange County Page A-1 7-6 EXHIBIT A SCOPE OF SERVICES Consultant shall provide publicartcoordination and site management servicesforthe Newport Beach Civic Center outdoor sculpture park. Under general direction, the Consultant shall assist in the coordination and implementation of the public art sculpture program for the City of Newport Beach. Consultant shall report directly to the Library Services Director or his/her designee and provide direct support in administering and managing all aspects of the public art sculpture program. 1. Installation and De -Installation Schedule Installation/De-installation Project Anticipated Schedule Installation of Phase VIII Sculptures June 2023 De -Installation of Phase VIII Sculptures June 2026 2. Consultant Responsibilities and Provisions Consultant shall: 2.1 Be responsible for overseeing and managing the planning, selection, and installationof public art for the Sculpture Exhibit; 2.2 Serve in an advisory capacityon public art best practices; 2.3 Facilitate orientation meetings to establish sculpture exhibition goals and expectations, and appoint artist selection pane[; 2.4 Coordinate schedules and plans with City representatives; 2.5 Draft forms. such as: master calendar of project, list of potential artists and art registries; 2.6 Managing the Call for Artists Entry and ensure that it reaches the largest number of artists possible; 2.7 Monitor the artists' submissions for completeness, and communicate with artists as necessary; 2.8 Coordinate the art selection process; 2.9 Present artist entries to the City of Newport Beach Arts Commission for evaluation; 7-7 2.10 Work with the City and the Cityof Newport Beach Arts Commission to present the selected pieces to the City Council for approval; 2.11 Provide oversight of all activities associated with artists' work, including contracts, artwork shipment, installation and de -installation, budgets, and schedules; 2.12 Developing and implementing a Media Plan for the Public Art Sculpture Exhibit; 2.13 Coordinate with the City of Newport Beach Public Works Department for matters related to site construction and infrastructure feasibility; 2.14 Supervise the design and installation of any sculpture pads that may be required; 2.15 Oversee installation & de -installation of artworks, including obtaining all necessary permits; 2.16 Manage schedule and payments to the installation team; 2.17 Advise City staff on identification plaques for individual artworks, sculpture guide, materials for docents and educational kit; 2.18 Ensure that all administrative and operational procedures related to the Public Art Sculpture Exhibit are in accordance with City policies and procedures; 2.19 Facilitate communication with the artist and City staff for recording MyNB audio guide; and 2.20 Supervise installation of City commissioned identification plaques. 3. Community Input The Arts Commission proposes to increase public engagement in the project by offering residents opportunities to become part of the selection process. This will be accomplished by integrating these elements into the process: 3.1 Creating an online survey in which the public can select the pieces for exhibition; 3.2 Holding one regular Arts Commission study session meeting where the public will be invited to express their preferences for the submitted art prior to panel consideration; 3.3 Holding one curatorial selection panel meeting where public can express their preferences; MI 3.4 Devoting one Arts Commission meeting for the public to express their opinion of the panel's recommendations; and 3.5 Publicizing opportunities for public participation in the entire process to the maximum extent feasible. The City Arts Commission is committed to taking this new public input into consideration in Phase VIII of the Sculpture Garden, with a specific goal of adding elements that engender the most public support. 7-9 EXHIBIT B SCHEDULE OF BILLING RATES Arts Orange County Page B-1 7-10 EXHIBIT B SCHEDULE OF BILLING RATES SCHEDULE OF BILLING RATES -ITEM PHASE UETAI'L ic • 8 Installation of Phase Vlll Sculptures (June 10 Sculptures p $ 25,000.00 2023) 8 Site Preparation Concrete pads, footings $ 15,000.00 8 Equipment Rental Cranes, forklifts $ 6,500.00 8 Project Management & Curation Management Fee $ 35,000.00 8 Project Management Holdover Year Management Fee $ 7,500.00 8 Contingency $ 5,500.00 Phase Sub -Total $ 94,500.00 8 De -installation of Phase VIII Sculptures (2026) 10 Sculptures $ 20,000.00 8 Project Management & Curation Management Fee $ 9,500.00 Phase Sub -Total $ 29,500.00 PROJECT TOTAL: $124,000.00 7-11 ATTACHMENT B AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ARTS ORANGE COUNTY FOR SCULPTURE EXHIBITION — PHASE IX THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and ARTS ORANGE COUNTY, a California corporation ("Consultant"), whose address is 17620 Fitch Avenue, Suite 255, Irvine, California 92614-6081, and is made with reference to the following: RECITALS A. On November 15, 2023, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide implementation of the installation and de - installation of temporary sculptures exhibits for Sculpture Exhibition in Civic Center Park — Phase IX ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to October 1, 2027 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on October 1, 2027, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be deleted in its entirety and replaced with the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be deleted in its entirety and replaced with the the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates 7-12 attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Six Thousand Five Hundred Dollars and 00/100 ($126,500.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Arts Orange County Page 2 7-13 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ;�Z -i 4S -24 By: J'" ron C. H rp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date- By - Joe Stapleton Mayor CONSULTANT: ARTS ORANGE COUNTY, a California corporation Date: By: Richard Stein President and Chief Executive Officer Date: By: Susan K. Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Hori Arts Orange County Page 3 7-14 EXHIBIT SCOPE OF SERVICES Arts Orange County Page A-1 7-15 EXHIBIT A SCOPE OF SERVICES Consultant shall provide public art coordination and site management servicesforthe Newport Beach Civic Center Sculpture Exhibition. Under general direction, the Consultant shall assist in the coordination and implementation of the Sculpture Exhibition for the City of Newport Beach (City). Consultant shall report directly to the Library Services Director or his/her designee and provide direct support in administering and managing all aspects of the Sculpture Exhibition. 1. Installation and De -Installation Schedule Installation/De-installation Project Anticipated Schedule Installation of Phase IX Sculptures June 2024 De -Installation of Phase IX Sculptures June 2027 2. Consultant Responsibilities and Provisions Consultant shall: 2.1 Be responsible for overseeing and managing the planning, selection, and installation of public art for the Sculpture Exhibition; 2.2 Serve in an advisory capacity on public art best practices; 2.3 Facilitate orientation meetings to establish sculpture exhibition goals and expectations, and appoint artist selection panel; 2.4 Coordinate schedules and plans with City representatives; 2.5 Draft forms such as: master calendar of project, list of potential artists and art registries; 2.6 Managing the Call for Artists Entry and ensure that it reaches the largest number of artists possible; 2.7 Monitor the artists' submissions for completeness, and communicate with artists as necessary; 2.8 Coordinate the art selection process; 2.9 Present artist entries to the City of Newport Beach Arts Commission (Arts Commission) for evaluation; 2.10 Work with the City and the Arts Commission to present the selected pieces to the City Council for approval; 7-16 2.11 Provide oversight of all activities associated with artists` work, including contracts, artwork shipment, installation and de -installation, budgets, and schedules; 2.12 Developing and implementing a Media Plan for the Sculpture Exhibition; 2.13 Coordinate with the City of Newport Beach Public Works Department for matters related to site construction and infrastructure feasibility; 2.14 Supervise the design and installation of any sculpture pads that may be required; 2.15 Oversee installation & de -installation of artworks, including obtaining all necessary permits; 2.16 Manage schedule and payments to the installation team; 2.17 Advise City staff on identification plaques for individual artworks, sculpture guide, materials for docents and educational kit; 2.18 Ensure that all administrative and operational procedures related to the Sculpture Exhibition are in accordance with City policies and procedures; 2.19 Facilitate communication with the artist and City staff for recording MyNB audio guide; and 2.20 Supervise installation of City commissioned identification plaques. 3. Community Input The Arts Commission proposes to increase public engagement in the project by offering residents opportunities to become part of the selection process. This will be accomplished by integrating these elements into the process: 3.1 Creating an online survey in which the public can select the pieces for exhibition; 3.2 Holding one curatorial selection panel meeting where public can express their preferences; at this meeting, the Arts Commission and a curatorial panel will approve pieces for inclusion in the online public survey. 3.3 Devoting one Arts Commission meeting for the public to express their opinion of the public survey rankings; at this meeting, the Arts Commission will approve public survey recommended selections and alternates for presentation to City Council. 3.4 Publicizing opportunities for public participation in the entire process to the maximum extent feasible. The Arts Commission is committed to taking this public input into consideration in 7-17 Phase 9 of the Sculpture Exhibition, with a specific goal of adding elements that engender the most public support. 7-18 EXHIBIT B SCHEDULE OF BILLING RATES Arts Orange County Page B-1 7-19 EXHIBIT B SCHEDULE OF BILLING RATES SCHEDULE OF BILLING RATES 9 Installation of Phase IX Sculptures (June 10 Sculptures $ 25,000.00 2024) 9 Site Preparation Concrete pads, footings $ 15,000.00 9 Equipment Rental Cranes, forklifts $ 6,500.00 9 Project Management & Curation Management Fee $ 35,000.00 9 Project Management Holdover Year Management Fee $ 7,500.00 9 Contingency $ 8,000.00 Phase Sub -Total $ 97,000.00 9 De -installation of Phase IX Sculptures (2027) 10 Sculptures $ 20,000.00 9 Project Management & Curation Management Fee $ 9,500.00 Phase Sub -Total $ 29,500.00 PROJECT TOTAL: $ 126,500.00 7-20