8.4 Agr Maintenance Updated CITY OF SALINA .
REQUEST FOR COMMISSION ACTION DATE TIME
12/18/1989 4:00 P.H.
AGElqDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 Director of Finance AGENDA:
BY: Robert K. Biles 6~'24~ BY:
Resolution Number 89-4150, authorizing the Mayor to execute and the City Clerk
to attest an agreement between the City of Salina, Kansas and Salina Art Center,
Inc. for renovation, maintenance, utilities and janitorial services, and superseding
the agreement dated June 15, 1987.
During its consideration of the 1990 budget, the City Commission was asked by
the Salina Arts Center to expand utility and janitorial Services to a buildin9 the
Salina Arts Center acquired at 241 South Santa Fe. The City Commission
approved providing services as requested. Due to the expansion of services, it
became apparent the June 15, 1987 agreement would require revision or' rewriting.
After-reviewing the current agreement, City staff recommends adopting a new
agreement over revision of the current agreement. The attached agreement with
Salina Arts Center, inc. includes language to include the building at 241 South
Santa Fe and sets forth, more concisely,, the nature of janitorial services to be
performed by the City. These modifications are the result of staff's discussions
with Salina .Art Center personnel and each modification meets with their approval.
Recommended action
Adopt Resolution Number 89-4150.
CONMISS ION ACTION
MOTION BY SECOND BY
TO:
AGREEMENT
This agreement made this 18th day of December, 1989 by and between
the City of Salina, Kansas, a Kansas municipal corporation, hereinafter referred! to
as the CITY and Salina Art Center, ~nc., a Kansas nonprofit corporati(~n,
hereinafter referred to as the CENTER.
WHEREAS, the CENTER is a private, nonprofit corporation organized
under the laws of the State of Kansas for the purposes of establishing and
maintaining a community art center and promoting a better understanding and
appreciation of the visual arts; and
WHEREAS, the CENTER provides a facility that serves as a ma~or
community resource for the visual arts and is open to all members of the public;
and
WHEREAS, the CENTER through its professional staff, offers to the
community a comprehensive and ongoing program of art exhibits and art
educational programs; and
WHEREAS, the Center has acquired ownership in the property descril3ed
as Lots 158 and 160 on Santa Fe Avenue in the original Town (now City) of Salirla,
Saline County, Kansas, referred hereinafter as 241 and 243 South Santa !Fe
Avenue; and
WHEREAS, the CITY has completed a major redevelopment of the Saljna
downtown area with the objective to help to ensure the economic and cultul-al
vitality of the community; SO NOW, THEREFORE
The CITY and the CENTER agree as follows:
Section 1. CENTER Duties.
The CENTER shall be responsible for all of the following items:
A. The title to the property and all related responsibilities riot
delegated to the CITY under this Agreement shall remain inthe
name of the Salina Art Center, Inc., and its successor
organizations, if any, throughout the term of this Agreement.
B. The CENTER shall remodel the property located at 241 Souith
Santa Fe, including installation of:
1. a new heating and air conditioning system.
2. all new plumbing, wiring and fixtures.
3. new flooring and wall coverings.
In addition to applicable building and fire code requirements, the
remodeling shall be subject to approval by the City Manager
regarding matters of safety, structural integrity and maintenance.
Except for payment of utility expenses under Section 2(A) belo~y,
the duties of the CITY under this Agreement shall not commence in
relation to 241 South Santa Fe until the remodeling has been
completed and approved by the City Manager.
C. The CENTER shall annually deposit, in cash, not less than $1,500
in a capital replacement fund to finance future maintenance, repair,
or replacement of the roof or mechanical systems. The fund shall be
invested in a proper manner and in accordance with K
12-1675. Expenditures from this fund shall be mutually agreed upen
by the City Manager and the CENTER.
D. The CENTER shall maintain insurance coverage on all persor~ai
property located in the facility and shall maintain general liability
coverage for the operation of the CENTER in an amount deemed
sufficient by both the CENTER and the CITY.
Section 2. CITY Duties.
The CITY shall provide the following services:
A. The CITY shall pay for water, sanitary sewer, electricity and
natural gas services for both properties beginning January 1, 1990.
B. The CITY shall provide routine janitorial services including routihe
sweeping and cleaning of the building proper and restrooms along
with replacing light bulbs and lighting repair, except in the case iof
special lighting for exhibits. Routine janitorial service shall not
include:
1. Dusting or maintenance of exhibits.
2. Cleaning after art classes, educational classes and other
demonstrations.
3. Wall treatments for exhibits.
4. Furnishing paper or cleaning products for art classes,
educational classes or other demonstrations, either in the class
or for the clean-up.
C. The CITY shall maintain the facility, including necessary
maintenance, repair, or replacement of hot water heaters, heati ,g
and air conditioning systems, and the roof. The maintenan~ce
responsibility of the CITY shall not include any work necessary
purposes of art exhibits, storage or protection of personal proper~ty
owned or in the control of the CENTER, or educational or otl~er
CENTER progrems. Expenditures for the maintenance of the facililty
shall first be paid from the capital replacement fund referred to in
Section I(B) above.
D. The CITY shall maintain multi-peril insurance coverage for the
building improvements on the property.
Section 3. Effective date.
This AGREEMENT shall become effective January 1, 1990.
Section 4. Term and termination.
This AGREEMENT shall remain in effect until December 3~, 20~7,
provided that either party may notify the other party by July 1 annuallly
of their intent to terminate this AGREEMENT effective January i 1
following. However, within this period, the AGREEMENT may be modified
by the mutual consent of the parties. If within this period, the CENTER
sells or .otherwise disposes of the property described herein, this
AGREEMENT shall, be terminated. In the event of dissolution of l~he
CENTER during the term of this AGREEMENT, the exempt organization
or organizations to which the net assets of the CENTER shall ibe
distributed pursuant to Article IX of the Articles of Incorporation of t~he
CENTER shall be determined jointly by the CENTER, City Manager ah
a d
the Salina Arts and Humanities Commission, with the approval oft~h, e
governing body of the CITY.
Section 5. Required reports.
The CENTER shall submit annually to the City Manager or others
designated by the City Manager the following items;
A. Before August I of each year the annual proposed budget and
program of services for the CENTER for the next fiscal year.
B. The CENTER's annual report and audit within 30 days of completion
by the independent auditors,
In addition, if and when, the CENTER has any plans that significantly
relate to the building, the Salina Arts and Humanities Commission and
the City Manager shall be informed in a timely way of those plans, i
.Section 6. Termination of prior agreement.
It is the intent of the parties that this Agreement serve as a substitute
for the agreement between the parties dated June 15, 1987, which pribr
agreement is hereby terminated as of the effective date of this
Agreement. i
Section 7. Binding effect.
This AGREEMENT shall be binding upon and shall inure to the benefit iof
the parties hereto, their successors and assigns.
CITY OF SALINA, KANSAS
Joseph A. Warner, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk
SALINA ART CENTER, INC.
Chairman, Board of Directors