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HomeMy WebLinkAboutA005 - Purchase of the sculpture "A Big Hello" by Craig SnyderITEM #:7 DATE:12-16-25 DEPT:ADMIN SUBJECT:PURCHASE OF THE SCULPTURE "A BIG HELLO" BY CRAIG SNYDER COUNCIL ACTION FORM BACKGROUND: One of the signature programs hosted by the Public Art Commission (PAC) is the Ames Annual Outdoor Sculpture Exhibition (AAOSE). Each year, sculptures exhibited through AAOSE are available for purchase by private individuals. Additionally, PAC typically acquires several sculptures each year into the City’s permanent art collection through the Neighborhood Sculpture Program. One of the sculptures entered into AAOSE this year is "A Big Hello" by Craig Snyder. The Ames Regional Economic Alliance (AREA) has offered to contribute the funds to purchase this vibrant sculpture and place it permanently downtown. The City has received a signed pledge agreement from AREA (attached), which commits to reimbursing the City for the purchase price of the sculpture in two installments during the current fiscal year. The City will enter into a contract with the artist to purchase the sculpture under the same terms typically utilized for Neighborhood Sculpture Program acquisitions. This will ensure that the City is the beneficiary of the warranties provided by the artist, and may work with the artist directly to address future maintenance or repairs. It is the intent for the sculpture to remain in its current exhibition location on the east side of Main Street at the gateway to Downtown Ames. The Risk Manager and Traffic Engineer were previously consulted about the proposed location and had no concerns regarding the placement. At its meeting on December 2, 2025, the PAC reviewed the proposal and voted unanimously to accept the donation to purchase "A Big Hello" and recommend accession of the piece into the City's permanent art collection. The PAC is continuing to evaluate applications received this year for the Neighborhood Sculpture Program and will make recommendations for the City Council for other works in January. ALTERNATIVES: 1. The City Council can do the following: a. Accept the letter of donation pledge from the Ames Regional Economic Alliance for the donation of funds to purchase the sculpture "A Big Hello" b. Award the contract with Craig Snyder of Plymouth, MN, in the amount of $7,840 for the purchase of the sculpture "A Big Hello" for placement at the Main Street Gateway 2. Refer this item back to staff or the Public Art Commission for further information. 3. Do not approve the purchase. 1 CITY MANAGER'S RECOMMENDED ACTION: "A Big Hello" by Craig Snyder has drawn positive attention and engagement from the community. The donation offer provides the opportunity to purchase this sculpture in addition to other works that will be acquired this year through the Neighborhood Sculpture Program. This action aligns with the City Council’s value of a fun, vibrant community that attracts and retains people. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Contract for "A Big Hello" by Craig Snyder.pdf Pledge Agreement Letter for Donation to Public Art Commission.pdf 2 1 of 5 CITY OF AMES PUBLIC ART PROGRAM AGREEMENT FOR SALE OF ARTWORK “A Big Hello” by Craig Snyder THIS AGREEMENT is made effective this 1st day of May 2026, between the City of Ames, Iowa, hereinafter called the “OWNER”, and Craig Snyder, hereinafter called the “ARTIST”. The Owner’s Representative shall be the Assistant City Manager. 1. CONDITIONAL PURCHASE. ARTIST does hereby sell to OWNER the work of art in the form of the sculpture entitled “A Big Hello” (ARTWORK) for and in consideration of the payment by OWNER to ARTIST of the sum of $7,840.00 subject to and in accordance with the terms of this Agreement. 2. INSTALLATION. The OWNER shall install this ARTWORK at the site selected by the OWNER. The OWNER shall be responsible for site preparation work, including design, preparation and installation of the foundation. 3. PERMITS AND INSPECTION. The OWNER shall obtain such permits and engineering designs as the City Building Official shall deem necessary, and the ARTWORK shall not be installed until the City Building Official has approved the foundation. 4. MAINTENANCE INSTRUCTIONS. Prior to acceptance of the ARTWORK, the ARTIST shall provide to the Owner’s Representative complete written instructions for appropriate maintenance and preservation of the ARTWORK. 5. ARTIST’S STATEMENT. Prior to the acceptance of the ARTWORK, the ARTIST shall provide to the Owner’s Representative a written ARTIST’S statement regarding the ARTWORK that may be used for publication and exhibition purposes. 6. COMPLETION. The ARTIST shall advise the Owner’s Representative in writing when all services required under this Agreement have been completed. Within twenty (20) working days after receipt of this notification, the Owner’s Representative shall notify the ARTIST in writing of the OWNER’s final acceptance or non-acceptance of the ARTWORK. Failure to provide written notification of acceptance or non-acceptance after twenty working days shall constitute final acceptance on the part of the OWNER. 3 2 of 5 7. RISK OF LOSS. The ARTWORK is currently in the possession of the City. The risk of loss or damage to the ARTWORK shall be borne by the CITY and the CITY shall take such measures as are necessary to protect the ARTWORK from loss or damage through all phases of installation. 8. INDEMNITY. The ARTIST agrees to indemnify and hold harmless the OWNER from any claims, liabilities, willful or non-willful acts of negligence by the ARTIST, by the ARTIST’S subcontractors or agents, and by volunteers assisting the ARTIST in the design, fabrication and installation of the ARTWORK, for any loss, theft, mutilation, vandalism or other damage (including that caused by acts of God) that may befall the ARTWORK during any activities related to the planning, creation, delivery and installation of the ARTWORK, or for any failure of warranty as hereinafter stated. 9. CONVEYANCE OF TITLE. Title to the ARTWORK shall pass to the OWNER upon OWNER’S final acceptance of the completely installed ARTWORK. Upon final acceptance of the ARTWORK, and to the extent permitted by Iowa law, the OWNER shall indemnify and hold harmless the ARTIST against any and all claims or liabilities arising thereafter in connection with the ARTWORK, the site, the project or this Agreement, caused by the OWNER’S negligence. 10. PAYMENT. The OWNER shall pay the ARTIST $7,840.00 for the ARTWORK, which shall constitute full compensation for all services furnished by the ARTIST under this Agreement. This amount shall be paid within thirty (30) days of final acceptance of the ARTWORK by the Owner’s Representative, and shall represent full payment for all services provided. 11. WARRANTIES. The ARTIST represents and warrants that: a) the ARTWORK is solely the result of the artistic effort of the ARTIST; b) except as otherwise disclosed in writing to the Owner’s Representative, the ARTWORK is unique and original and does not infringe upon any copyright; c) the ARTWORK, or a duplicate thereof, has not been accepted for sale elsewhere; d) the ARTWORK is free and clear of any liens from any source whatever; e) the ARTWORK, as fabricated and installed, will be free of defects in material and workmanship, including any “inherent defect” or qualities which cause or accelerate deterioration of the ARTWORK; and f) reasonable maintenance of the ARTWORK will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the ARTIST to the Owner’s Representative hereunder. 4 3 of 5 The warranties described in this Section shall survive for a period of ten years after the final acceptance of the ARTWORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ARTWORK). 12. ARTIST INDEPENDENT CONTRACTOR. It is understood and agreed that the ARTIST is an independent contractor and not an employee of the OWNER; and that the OWNER shall not have any worker’s compensation liability to the ARTIST or the ARTIST’S employees, volunteers or subcontractors. It is further understood that the ARTIST’S subcontractors shall have no recourse for payment of costs of labor and materials against the OWNER. Further, in consideration of this contract, ARTIST does hereby indemnify and hold the City harmless from any and all claims arising from the negligence of the ARTIST or the ARTIST’S employees, volunteers and subcontractors. 13. REPRODUCTION RIGHTS. In view of the intention that the ARTWORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ARTWORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns an irrevocable license to make two dimensional reproductions of the ARTWORK for any purpose including commercial purposes, and by way of specification but not limi tation, reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, or other similar publications. 14. MAINTENANCE: The OWNER recognizes that maintenance of the ARTWORK on a regular basis is essential to the integrity of the ARTWORK. The OWNER shall reasonably assure that the ARTWORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 4. 15. RELOCATION OR REMOVAL. The OWNER reserves the right to alter the location of the ARTWORK; relocate the ARTWORK to another site; and remove the ARTWORK from public display. 16. DEACCESSION OF ARTWORK. Deaccession of the ARTWORK will be carried out in accordance with the CITY’S adopted Deaccession Policy. 5 4 of 5 17. 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. 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 OWNER. ARTIST OWNER By: ________________________ By: ________________________ Craig Snyder Brian Phillips, Assistant City Manager 2410 Garland Lane North 515 Clark Avenue, PO Box 811 Plymouth, MN 55447 Ames, IA 50010 612-237-8107 515-239-5101 craig@fireshapes.com publicartcommission@cityofames.org Date: _______________________ Date: _______________________ 6 5 of 5 “A Big Hello” by Craig Snyder Pictured as Displayed in the 2025-26 Ames Annual Outdoor Sculpture Exhibition 7 8