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6.5 Acceptance of Art for 600 N. Santa Fe Right-of-WayAGENDA SECTION NO: 6 ITEM NO: 5 Page 1 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 05/23/2016 ORIGINATING DEPARTMENT: I FISCAL SALINA ARTS & HUMANITIES BY: BRAD ANDERSON TIME 4:00 P.M. AL: BY: FINAL APPROVAL: ITEM: Resolution No. 16-7354 Acceptance of a sculpture as a donation from the North Salina Community Development Committee for placement at the 600 North Santa Fe. BACKGROUND: Dee Warren designed, built, and donated a sculpture to the North Salina Community Development Committee which is proposed to be located on North Santa Fe in the right-of-way at 600 N. Santa Fe. The installation in front of the newly renovated Chuck's Bar includes low growth 1 low maintenance plantings along the 600 Block of North Santa Fe. This is the second project for the North Salina Community Development Committee located within areas of the city rights-of-way. The site location has been approved by the Public Works and Building Departments and meets city codes and the sculpture was approved for placement by the Community Art & Design Advisory Committee at the proposed location The artist was born and raised in Kansas. He studied art briefly at Wichita State before transferring to Kansas State University where he earned his BFA in 1993. He took part in the 2012 Sculpture Tour Symposium led by Glenn Zweygardt and is currently working as Marketing Manager at Land Pride in Salina . Dee is the first Salinan to have a piece in the SculptureTour Salina and his work has been accepted for exhibition in SculptureTour each of the last 4 years. The piece includes natural and found objects and will be securely fastened to a concrete base that has been professionally engineered. Currently there are 15 works of art in the public collection that have come through SculptureTour donations, People's Choice Awards, and private sector contributions or donations of art to the City of Salina. The Community Art and Design program has help create a system for these important public/private partnerships that enhance our community. Due diligence is given to the quality, condition, fit with the community, proposed location, and overall fit within the proposed space before recommending the City Commission to accept work into the public collection. If accepted, this piece will be added to the Community Art and Design public art page on the Salina Arts & Humanities website which is also linked to the City of Salina web page. Salina Arts & Humanities will be responsible for collecting and maintaining the artist's biographical information, a statement about the work, and other details related to care, maintenance, relocation, or decommissioning of the work as part of their responsibilities in maintaining a record of public art in the community. FISCAL NOTE: The cost of the sculpture, its concrete base and plantings, is presented as a gift to the City of Salina on behalf of many volunteers and citizens in north Salina. There will be no expense to the city except for some incidental costs related to annual inspection and maintenance of the collection of art pieces throuqhout the community. This expense will be covered within the Salina Arts & Humanities budget. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/23/2016 4:00 P.M. ORIGINATING DEPARTMENT: SALINA ARTS & HUMANITIES BY: BRAD ANDERSON FISCAL APPROVAL: BY: FINAL APPROVAL: BY: CONFORMANCE WITH THE STRATEGIC PLAN: Goal III. The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality. One action item includes the goal of developing methods for the greater accountability for the final quality of public infrastructure projects. The visual arts are a part of the infrastructure of this community. They provide an engaging and important way for citizens and visitors to see the dynamic nature of this community. It is important that we have a professional practice in place to ensure that the quality and variety of art placed in public places reflects the mission and values of the City of Salina. In addition, The Big Ideas Community Cultural plan consists of a major goal to "make Salina a more beautiful place to live, work and play." Within this goal there are 13 outcomes related to community beautification, development incentives and neighborhood pride. Sub goal II.C.2 encourages the creation of incentives for citizens and businesses to participate in the revitalization and beautification of their neighborhoods. The current City policy for private/public partnerships such as this has been followed and will likely continue to inspire additional projects like this in the future. COMMISSION ACTION: The following have been identified as possible options for consideration by the Commission: Approve Resolution No. 16-7354 as presented which allows the City of Salina to accept and place the proposed sculpture at 600 North Santa Fe in the public right-of-way. 2. Do not approve Resolution No 16-7354 requesting the sculpture be placed in an alternative location as designated by the city commission. Staff Recommends Option #1. CITY OF SALINA, KANSAS 600 NORTH SANTA FE SCULPTURE GIFT AGREEMENT THIS AGREEMENT is entered into this day of May, 2016, by and between the City of Salina, Kansas (the "CITY") and the North Salina Community Development Committee, and Kansas not-for-profit corporation, (the "DONOR"). Recitals A. The Donor wishes to make the gift of a sculpture, a metal work designed and constructed by Mr. Dee Warren, to the City; B. Title to the currently untitled Artwork lies with the Donor to make the gift of the sculpture with is subject of this Agreement; and C. The Donor and City with the undertake the obligations expressed herein. NOW, THEREFORE, in consideration of the above stated premises and subject to the conditions hereinafter set forth the parties agree as follows'; DONOR'S GIFT A. The Donor hereby makes a gift of the Artwork to the City, subject to the terms of this agreement. B. In addition to the sculpture, the Donor agrees to provide acceptable language for signage associated with the Artwork and to assist in installation of the signage. Il. OBLIGATION OF THE CITY A. The City accepts the Donor's gift of the Artwork and shall perform all obligations in compliance with terms and condition of this agreement. The City shall receive the installed sculpture at the location agreed upon by the parties. B. Should the City decided that the location chosen for the Artwork is not suitable for the Artwork at a later date, however, the City shall have authority to move the Artwork to a more suitable location at its discretion. C. The City shall follow the approved guidelines for acceptance, placement and maintenance as outlined in its policy for accepting private work in public places. The staff of the Salina Arts and Humanities Department will facilitate this process. III TERM OF AGREEMENT This agreement shall be effective on this date first stated above and shall remain in full force and effect for as loan as is necessary to fulfill the intent and objectives of the parties. IV. DONOR'S WARRANTY OF TITLE The Donor represents and warrants it is the owner of the Artwork and that the Donor's gift of the Artwork to the City does not violate the terms upon which the donor acquired ownership of the Artwork. V. NOTICES Written notices and correspondence under this Agreement shall be delivered personally or through mail to the addresses stated below: For the City Salina Arts and Humanities P.O. Box 2181 Salina, Kansas 67402-2181 For the Donor North Salina Community Development Committee Barbara Young, President 1100 West Grand Avenue Salina, Kansas 67401 VI. AMENDMENTS No alteration, changes or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. VII. ENTIRE AGREEMENT This agreement contains the entire understanding between the parties and supersedes all other agreements all other agreements whether written or oral. EXECUTED effective this day and year first stated above. CITY OF SALINA, KANSAS NORTH SALINA COMMUNITY DEVELOPMENT COMMITTEE am Kaye J. Crawford, Mayor ATTEST: a Shandi Wicks, City Clerk Barbara Young, President RESOLUTION NUMBER 16-7354 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NORTH SALINA COMMUNITY DEVELOPMENT TO ACCEPT A DONATION OF A SCULPTURE TO BE LOCATED AT 600 NORTH SANTA FE. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Mayor is hereby authorized to execute an agreement with North Salina Community Development to accept a donation of a sculpture for the North Santa Fe right-of-way, subject to the terms and conditions of the agreement. Section 2. That the City Clerk is hereby directed to file the original agreement and retain according to the City of Salina Records Management Policy. Section 3. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and sighed by the Mayor this 23rd day of May, 2016. Kaye J. Crawford, Mayor (SEAL) ATTEST: Shandi Wicks, CMC, City Clerk A