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2023-06-27 SLAC packetSouthlake Arts Council Meeting June 27, 2023 CITY OF SOUTH LAKE MEMORANDUM June 27, 2023 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, June 27, 2023, at 6:OOpm The meeting will be held on Tuesday, June 27, 2023, at Champions Club Hall of Fame rooms. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez(a)-ci. southlake. tx. us Regular Agenda: Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Public Forum This is the public's opportunity to address the Arts Council about non -agenda items. During this proceeding, the Arts Council will not discuss or act on any item presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less. 3. Agenda Item No. 3. Consent A. Approval of the minutes from the May 23, 2023, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 4. Agenda Item No. 4. Consider A. Approve the Public Art Display Permits for the FY 24 Year- The purpose of this item is to approve the permit requests from APEX Arts League allowing for 3 art gallery exhibits to be held in the Town Hall Lobby for the FY 24 Year. Memo for this item included in your packet. Arts Council Fall Exhibit o Exhibit:09/08-10/27 o Reception:09/10 Strokes of Art in the Square Exhibit o Exhibit:02/16-04/26 o Reception:02/18 Southlake Presents Exhibit o Exhibit:05/17-07/07 o Reception:05/19 Southlake Arts Council Meeting June 27, 2023 B. Recommendation of the FY 24 Public Art Fund Budget- This item allows recommendation of the FY 24 Public Arts Budget to City Council as part of the official budget process. Memo for this item is included in your packet. C. Approve cancelling the July 25, 2023, Southlake Arts Council meeting- This item allows consideration of cancelling the July 25, 2023, Southlake Arts Council meeting in accordance with City Council's summer meeting schedule. No packet document. 5. Agenda Item No. 5. Discussion A. "Remembrance and Renewal" Plaque- This item allows for a discussion on ordering a plaque for the Liberty Garden. No packet document. B. Fall Exhibit- This item allows for a discussion on the Fall Exhibit in September. No packet document. C. Dallas Symphony Truck- This item allows for a discussion on the Dallas Symphony Truck. No packet document. D. Art for DPS West- This item allows for a discussion on adding Public Art at DPS West. No packet document. E. Dowdle Studios Opportunity- This item allows for a discussion on the opportunity for Southlake to participate in the Eric Dowdle and Dowdle Studios "Land that I Love," tour. No packet document. F. Greenville Art Discussion - This item allows for a discussion on the Greenville Art. No packet document. G. APEX Updates- This item allows for an update on APEX programming. No packet document. 6. Agenda Item No. 6. Adjournment We appreciate your commitment and service to the City. Liaison Contact Information: Milenka Lopez Assistant to the Director STAFF CONTACT INFORMATION: Telephone- (817) 748-8963 Facsimile- (817) 748-8027 Southlake Arts Council Meeting June 27, 2023 285 Shady Oaks Drive, Southlake, Texas 76092 Milenka Lopez, Assistant to the Director, mlopez(a)ci.south lake.tx.us Vicky Schiber, Community Relations Manager, vschiber(a)ci.south lake.tx.us CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday, June 27, 2023 Location: The Marq Southlake Champions Club- Hall of Fame Classroom 285 Shady Oaks Blvd. Southlake, Texas 76092 Time: 6:00 p.m. Regular Agenda: 1. Call to Order 2. Public Forum (This is the Public's opportunity to address Southlake Arts Council about non -agenda items. During this proceeding, Southlake Arts Council will not discuss, consider or act on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 3. Consent A. Approve the minutes from the May 23, 2023, Southlake Arts Council meeting 4. Consider A. Approve the Public Art Display permits for the FY 24 Year B. Recommendation of the FY 24 Public Arts Budget C. Approve Canceling the July 25, 2023, Southlake Arts Council Meeting 5. Discussion A. "Remembrance and Renewal" Plaque B. Fall Exhibit C. Dallas Symphony Truck D. Art for DPS West E. Dowdle Studios Opportunity F. Greenville Art Discussion G. APEX Updates 6. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — June 27, 2023 Page 2 of 2 A quorum of the City Council, Board, Commission, or Committee may or may not be present at this meeting. CERTIFICATE I hereby certify that ,vK� �nda was posted on the official bulletin boards at Town Hall, 1400 Main Street, South `lg'k� ••eacasn�'�jday, June 23, 2023, by 6:00 p.m. pursuant to Chapter 551 of the s Governmel�tO& •.••�`� o =� U- Am ell y TRg c. City Mcretary If you plan to attend this public gip8ijgqPJ e a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist City of'Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: MAY 23, 2023 LOCATION: The Marq Southlake Champions Club- Hall of Fame Rooms 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Secretary Beatriz Terrazas and Southlake Arts Council members; Julie Doyle, Susan Steinbrecher, Alison Viktorin, and Tim Sabo (Alt# 1) SOUTHLAKE ARTS COUNCIL ABSENT: Vice Chair Leslie Walker and Terri Messing STAFF PRESENT: Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber CITY COUNCIL MEMBER PRESENT: Council Member Kathy Talley REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6.01 p.m. 2. PUBLIC FORUM Chair McMillan opened the Public Forum at 6:02p.m. There being no one present to address the Arts Council, the Public Forum was closed at 6:02p.m. 3. CONSENT AGENDA 3A. APPROVAL OF THE MINUTES FROM THE APRIL 25, 2023, SOUTHLAKE ARTS COUNCIL MEETING Chair McMillan presented item 3A, approval of the minutes from the April 25, 2023, Southlake Arts Council meeting. Chair McMillan asked if there were any revisions to the minutes. No revisions were discussed. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-1 Minutes of the May 23, 2023 Southlake Arts Council Meeting Page 2 of 4 APPROVED A motion was made to approve the minutes of the April 25, 2023, Southlake Arts Council meeting as read. Motion: Terrazas Second: Doyle Ayes: Doyle, McMillan, Steinbrecher, Sabo, Terrazas, Viktorin Nays: None Abstain: None Vote: 6-0 Motion passed. 4. CONSIDER 4A. APPROVE THE PUBLIC ART DISPLAY PERMIT FOR THE SOUTHLAKE SISTER CITIES YOUTH ART Assistant to the Director Milenka Lopez presented item 4A, approval of the Public Art Display permit submitted by Southlake Sister Cities and was available to answer questions. APPROVED A motion was made to approve the Public Art Display permit for the Southlake Sister Cities Youth Art as presented. Motion: Doyle Second: Steinbrecher Ayes: Doyle, McMillan, Steinbrecher, Sabo, Terrazas, Viktorin Nays: None Abstain: None Vote: 6-0 Motion passed. 4B. APPROVE ARTIST FOR THE SOUTHLAKE ARTS COUNCIL FALL ART EXHIBIT AND RECEPTION Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber presented item 413, approval of the artist for the Fall Art Exhibit and Reception and were available to answer questions. APPROVED City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-2 Minutes of the May 23, 2023 Southlake Arts Council Meeting Page 3 of 4 A motion was made to approve the artist Jeremy Serna as the first choice, with Jeribai Andrew-Jaja and Tyler Wagner as alternates if needed, for the Southlake Arts Council Fall Art Exhibit and Reception as presented. Motion: Terrazas Second: Doyle Ayes: Doyle, McMillan, Steinbrecher, Sabo, Terrazas, Viktorin Nays: None Abstain: None Vote: 6-0 Motion passed. 5. DISCUSSION 4I 34:4W&r7_1VQ4kiI_1:491011+11/_1gWNIIC0 Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber presented the updates on the Liberty Garden Art Installation at Bicentennial Park held May 23, 2023, with the dedication on May 24, 2023 to the Arts Council and were available to answer questions. Direction to staff: None 513. DALLAS SYMPHONY TRUCK Assistant to the Director Milenka Lopez presented item 5B to the Arts Council for review and discussion and was available to answer questions. Direction to Staff: Review schedule for tournaments at North Park for Sunday, October 29, 2023 5C. ART FOR DPS WEST Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber presented item 5C to the Arts Council for discussion and was available to answer questions. Direction to staff: Discuss artist selection with Chief Star 5D. DOWDLE STUDIOS OPPORTUNITY Assistant to the Director Milenka Lopez presented item 5D to the Arts Council for a discussion on the opportunity for Southlake to participate in the Eric Dowdle and Dowdle Studios "Land that I Love," tour for discussion and was available to answer City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-3 Minutes of the May 23, 2023 Southlake Arts Council Meeting Page 4 of 4 questions. Chair McMillan and Council Member Talley agreed to look further into the opportunity. Direction to Staff: Keep on the agenda for next month. 5E. GREENVILLE ART DISCUSSION Item 4E was tabled until the June 27, 2023, Southlake Arts Council meeting. Direction to Staff: None 5F. APEX UPDATES Chair Tamara McMillan presented item 5F to the Arts Council for review and discussion and was available to answer questions. Direction to Staff: None 6. ADJOURNMENT Southlake Arts Council Chair McMillan adjourned the meeting at 7:16 p.m. Attest: Tamara McMillan, Chair Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-4 CITY OF SOUTHLAKE MEMORANDUM June 23, 2023 To: Southlake Arts Council From: Milenka Lopez Assistant to the Director Subject: Approval of Public Art Display Permits for FY2024 Year Action Requested: Southlake Arts Council approval of the public art display permits for FY2024 year. Background Information: Each year the Southlake Arts Council partners with select collaborators and community groups to bring art to the community. The purpose of this item is to consider the permits allowing for all FY2024 exhibits and receptions, including: • Fall 2023 Art Exhibit o Exhibit: 9/08 — 10/27 o Reception: 09/10, 5:00-6:30PM • Strokes of Art in the Square o Exhibit: 02/16 — 04/26 o Reception: 02/18, 5:00-6:30PM • Southlake Presents o Exhibit: 5/17- 07/07 o Reception: 5/19, 5:00-6:30PM For each exhibit, the artwork will not exceed 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The pieces will be placed based on size and aesthetic concerns related to color and composition. The art gallery receptions will be held in the Town Hall lobby on Sundays from 5:00 — 6:30pm. The receptions will require 100% of the lobby area and will include refreshments and entertainment. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Southlake Arts Council Meeting Date — June 27, 2023 Page 2 of 2 The permits for the exhibits and receptions comply with provisions of the Public Art Display and Performance Policy. A copy of each permit is attached for your review. Financial Considerations: The FY 24 Public Art Budget allocates up to $2,000 for each gallery reception, except the Strokes of Art in the Square reception, which is allotted $3,000. The budget includes funding for refreshments, entertainment, and marketing. Funding will be available in the FY2024 Public Art budget pending City Council approval. Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and volunteer involvement and enhancing the sense of community by providing excellent customer service and citizen engagement opportunities. Citizen Input/ Board Review: Southlake Arts Council consideration June 27, 2023 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the permits as presented Approve the permits with modifications Decision not to approve the permits Supporting Documents: • Permit Application: Art in the Square • Permit Application: Fall Art Exhibit • Permit Application: Southlake Presents • Signed Alcohol Variance • Public Art and Display Policy Recommendation: Southlake Arts Council approval of art display permits for the FY2024 art gallery exhibits and receptions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2"d Floor main lobby Person Responsible: Milenka Lopez Cell Phone: 469-774-3613 Address: 285 Shady Oaks Dr Alternative Contact: CONTACT INFORMATION Phone: 817-748-8963 E-Mail Address: mlopez(cDci.south lake.tx.us City: Southlake State: TX Zip: 76092 Name: Terri Messing (APEX Arts League and Southlake Women's Club) Phone Number: 817-307-2224 E-mail: terrimessinq(cDverizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, February 18, 2024, from 5:00 PM- 6:30 PM 2) Exhibit -February 16, 2022 - April 26, 2024 (Art in the Square weekend) Type of Display or performance: 1) Reception —The Strokes of Art in the Square gallery reception will be held to kick-off the annual Art in the Square festival 2) Exhibit- The Strokes of Art in the Square exhibit will showcase artwork from the 2024 Art in the Square Featured Artists Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artists, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. Item 4A-3 2. Exhibit- The exhibit will feature art pieces from the 2024 Art in the Square Featured Artists. Arts Council suggests pieces that are larger than 24x24 inches but smaller than 70 inches and limiting the number of pieces to no more than 26. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council, APEX Arts League, and Art in the Square (Southlake Women's Club). Publicity for the exhibit and the reception will be provided by the City of Southlake, APEX Arts League, and Art in the Square. Organization Represented: Southlake Arts Council, APEX Arts League, Southlake Women's Club Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-4 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2"d Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of the Southlake Arts Council Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mlopez(cDci.south lake.tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Terri Messing (APEX Arts League and Southlake Arts Council) Phone Number: 817-307-2224 E-mail: terrimessing(cDverizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, September 10, 2023, from 5:00 PM- 6:30 PM 2) Exhibit -September 08, 2023 — October 27, 2023 Type of Display or performance: 1) Reception —The Arts Council Fall Exhibit gallery reception will be held to kick-off the exhibit 2) Exhibit- The Southlake Arts Council Fall Exhibit will showcase artwork from one local DFW artist. The Southlake Arts Council currently plans to exhibit work by Jeremy Serna. Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artist, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. Item 4A-5 2. Exhibit- The exhibit will feature art pieces from the 2023 Fall Exhibit chosen artist, Jeremy Serna. Mr. Serna has been requested to provide 12-13 original pieces larger than 24x24 inches but not larger than 70 inches for this exhibit. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and APEX Arts League. Publicity for the exhibit and the reception will be provided by the City of Southlake, and APEX Arts League. Organization Represented: Southlake Arts Council and APEX Arts League Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-6 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2"d Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of the Southlake Arts Council Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mlopez(cDci.south lake.tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Terri Messing (APEX Arts League and Southlake Arts Council) Phone Number: 817-307-2224 E-mail: terrimessing(cDverizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, May 19, 2024, from 5:00 PM- 6:30 PM 2) Exhibit -May 17, 2022 — July 07, 2024 Type of Display or performance: 1) Reception —The Southlake Presents gallery reception will be held to kick-off the exhibit 2) Exhibit- The Southlake Presents exhibit will showcase artwork from the 2024 local Featured Artists Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artists, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. Item 4A-7 2. Exhibit- The exhibit will feature art pieces from the 2024 Southlake Presents Artists. Arts Council will prioritize pieces that are larger than 24x24 inches but smaller than 70 inches. No more than 26 pieces will be displayed. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and APEX Arts League. Publicity for the exhibit and the reception will be provided by the City of Southlake, and APEX Arts League. Organization Represented: Southlake Arts Council and APEX Arts League Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-8 CITY OF SOUTHLAKE MEMORANDUM June 13, 2023 To: Shana K. Yelverton, City Manager From: Milenka Lopez, Assistant to the Director Subject: Request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2024 Public Art Exhibit Receptions Action Requested: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2024 Public Art Exhibit Receptions Background Information: FY2024 Events • Arts Council Fall Art Exhibit Reception o Sunday, September 10, 5:00-6:30 PM • Strokes of Art in the Square Reception o Sunday, February 18, 5:00-6:30 PM • Southlake Presents Reception o Sunday, May 19, 5:00-6:30 PM • Southlake Historical Society Summer Exhibit Reception o Sunday July 28, 5:00-6:30 PM All receptions will be held after business hours. A certificate of liability insurance, meeting or exceeding all city liability requirements, will be provided to the Community Relations Manager prior to each event. Receptions will include entertainment and refreshments. The event sponsors, APEX, Southlake Women's Club, and the Southlake Historical Society feel serving wine during the City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-9 reception will enhance the event, encourage attendance, increase participation in arts and culture and will create the feel of a true upscale gallery reception event. Apex Arts League, and the Historical Society, will comply with all TABC regulations and will hire an off -duty police officer to encourage a safe and enjoyable atmosphere during the event. Insurance coverage with the City named as an additional insured has also been obtained by Apex and the Historical Society. A variance to the Facility Use Policy that prohibits the possession or the consumption of alcoholic beverages in City facilities may be granted, upon request, at the discretion of the City Manager. Each year since FY14 the City Manager has approved a similar variance request for annual gallery exhibit events. Staff Recommendation: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2024 Public Art Exhibit Receptions. APPROVAL: /0 r/6 ?V City Manag r Date L rj -D6pU'"ir for of Community Services Date City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-10 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Policy: Display and/or Performance of art in public facilities or other city properties Source: City Council Effective Date: 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City's core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places — Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 04/19/2016 City Council Approved (7-0) Item 4A-11 Public Art Display and/or Performance Policy Page 2 of 12 3.2 Artwork — Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. 3.3 Artist — A practitioner in the visual and/or performing arts generally recognized by critics and peers as a professional of serious intent and recognized ability that produces fine works of arts. 3.4 City — Shall mean the City of Southlake, Texas. 3.5 Deaccession — The removal, relocation, selling, auctioning, or trading of artworks owned by the City. 3.6 Donations (and Gifts) — Arts donated to the City from a private individual or institution and/or other outside sources. 3.7 Loan — Works of art provided to the City to display for a predetermined period of time and to be returned to the owner after the loan period has expired. 3.8 Southlake Arts Council - A board appointed by the City Council that makes recommendations to the City Council regarding the public arts program. 3.9 Permanent arts in public places - Any visual work of art displayed in City parks, rights of way, or the interior/exterior of any City facility. 3.10 Donor - An individual, private company, community group, or other organization who places artwork in City parks, rights of ways, the interior or exterior of any City facility and/or private facilities and/or properties. 3.11 Public Arts Collection — Consists of all City of Southlake owned or controlled fine works of art. 3.12 Art Exhibit Agreement — Agreement that will exist between the City of Southlake and artists who display temporary exhibits in city facilities or on city property. 3.13 Temporary arts in City facilities or property — Any visual or performing work of art in city facilities or property. 3.14 Facility Arts Display Performance Use Permit - Form is required to be filled out and processed by staff for Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. 04/19/2016 City Council Approved (7-0) Item 4A-12 Public Art Display and/or Performance Policy Page 3 of 12 4.0 Placement of temporary art exhibits or performances at public facilities or other city property: 4.1 Planned Visual Art Exhibits, temporary — The Southlake Arts Council may present up to three Calls to Artists per annum and would select the artist(s) to present artwork in accordance with the Call to Artist SOP. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times per year with one of those times being reserved for CISD student art. Art exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.2 Ad Hoc Visual Arts Exhibits, temporary — Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by staff. A Facility Arts Display/Performance Form will need to be submitted to the Arts Council liaison at least six weeks in advance of the showing. The Southlake Arts Council will review and approve or deny all applications in order to determine appropriateness of the application in a requested venue. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.3 Performing Arts Programs, temporary — These programs are limited to single performances. A Facility Arts Display/Performance Form will need to be submitted to the Southlake Arts Council liaison at least six weeks in advance of the performance and will be subject to review and approval by the Southlake Arts Council. City sponsored performances in City facilities that are not generally used for programming will be the responsibility of the department or division sponsoring or providing the event. The sponsoring department or division is responsible for submitting proper forms to the Southlake Arts Council liaison. City department art displays, 04/19/2016 City Council Approved (7-0) Item 4A-13 Public Art Display and/or Performance Policy Page 4 of 12 events or programs may be available for Southlake Arts Council review but not approval; all other applications will require Southlake Arts Council review and approval. 4.4 Donated art to be placed in public facilities — Donated art will be reviewed by the Southlake Arts Council and a recommendation will be made to the City Council for placement of the art in a city facility or on city property. Credence and a clear preference will be given to location indicated by donor, but the City Council will make any and all final determinations on placement. 4.5 Art Exhibit Agreement — Art displayed on a temporary basis will require that the artist and the City of Southlake sign an agreement that determines the length of time for displays. Key components are: 4.5.1 Artwork and agency: The artist shall agree to lend his/her artwork for temporary display at no cost to the city; 4.5.2 Installation and curatorship: The artist shall deliver the artwork in a form that is ready for immediate display; 4.5.3 Artist's assumption of liability and waiver removal of artwork: The artist shall acknowledge and agree that the City will not provide security for the exhibition, including without limitation, set up, operation and tear down of the exhibit, and the City should not, for any reason, be liable for lost, stolen, or damaged artwork and/or any related materials associated or used with the exhibit; and, 4.5.4 Conflicting events: The City will coordinate scheduling of exhibits. Should a conflict arise between the exhibit and a function of the City, the City's event and/or function will take precedence. 4.6 Facility Arts Display Performance Use Permit: The permit is required to be filled out and processed by staff for the Southlake Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by City departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. Extensions of time can be requested for both ad -hoc and planned art displays for a period to be determined by the city staff members who administer the arts program. Any extension of time will be based on, but not limited to, the following: upcoming displays, City Manager's office requests, approval by City Council and other staff - determined administrative needs. 4.7 Sales of displayed art work: Art work that is displayed can be made available for sale by the artist, but the artist or their representative cannot actively solicit the sales of art other than passively indicating (discreetly) the artists' contact information and pricing near the artwork. The city will not be involved in any such transactions and will not solicit sales of items on behalf of an artist or their agents. 04/19/2016 City Council Approved (7-0) Item 4A-14 Public Art Display and/or Performance Policy Page 5 of 12 4.8 Art displayed and sold for fundraising: Art can be displayed and sold as part of a fundraising event, but the fundraising can only occur actively at specific events that need to be negotiated with the City. City facilities will not be a site for continuous/ongoing fundraising. Fundraising events can only occur for non-profit organizations. Applications specifically for Town Hall will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. 5.0 Placement of permanent art exhibits or pieces at public facilities or other city property: 5.1 Purchased Public Art — The placement and purchasing process of the Southlake Arts Council, which includes a Call to Artists, and subsequent selection process will be followed. The Southlake Arts Council will make recommendations on placement, artwork, and artists to the City Council who will make any and all final determinations on the said placement and the artwork/artists. 5.2 Donated Public Art - The Southlake Arts Council will make recommendations on placement to the City Council who will make any and all final determinations on the said placement of the donated art. 04/19/2016 City Council Approved (7-0) Item 4A-15 Public Art Display and/or Performance Policy Page 6 of 12 City of Southlake Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested Person Responsible: Cell Phone: Address: Zip Alternative Contact: Name: Phone Number: CONTACT INFORMATION Phone: _ E-Mail Address: City E-mail: DISPLAY or PERFORMANCE INFORMATION State Requested Date: Type of Display or performance: Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: Organization Represented: _ Non -Profit: Yes No Is this display or performance to include a fundraiser? Yes No Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Yes No Do a majority of your members, including officers, reside in Southlake? Yes No Will your event cause any impact on City staff or City resources? Yes No 04/19/2016 City Council Approved (7-0) Item 4A-16 Public Art Display and/or Performance Policy Page 7 of 12 ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Arti This Art Exhibit Agreement ("Agreement") is made and entered into this day of , by and between the City of Southlake, Texas ("City"), a Home - Rule Municipal Corporation and ("Artist") on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from through and any additional dates agreed to in writing; and, WHEREAS, the Exhibition will be located at a facility of the City of Southlake; and, WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and, WHEREAS, the City has investigated and determined that it would be beneficial and in the best interest of the City and its citizens to allow the Artist to place the artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition ("Artwork"). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist's agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from through . Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ("Removal Date"). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional ("2D") Artwork shall be wired for hanging and three dimensional ("3D") artwork must be ready for installation 04/19/2016 City Council Approved (7-0) Item 4A-17 Public Art Display and/or Performance Policy Page 8 of 12 immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist's name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City's removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY'S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 6. Representations and Warranties Regarding Copyright. Artist hereby warrants and represents that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. 04/19/2016 City Council Approved (7-0) Item 4A-18 Public Art Display and/or Performance Policy Page 9 of 12 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY'S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City's event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This 04/19/2016 City Council Approved (7-0) Item 4A-19 Public Art Display and/or Performance Policy Page 10 of 12 Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. C. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. 04/19/2016 City Council Approved (7-0) Item 4A-20 Public Art Display and/or Performance Policy Page 11 of 12 For purposes of notice, the addresses of the parties shall be as follows: If to the Artist: Attn : If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison 1400 Main Street, Suite 210 Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. 04/19/2016 City Council Approved (7-0) Item 4A-21 Public Art Display and/or Performance Policy Page 12 of 12 Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Miscellaneous Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Miscellaneous Drafting Provision. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. M. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. CITY: DATE: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 ARTIST: DATE: 04/19/2016 City Council Approved (7-0) Item 4A-22 CITY OF SOUTHLAKE MEMORANDUM June 23, 2023 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Recommendation to approve the proposed FY 2024 Public Art Fund Budget Action Requested: Southlake Arts Council recommendation to approve the proposed FY 2024 Public Art Fund Budget Background Information: For the past several months, City staff has been developing the FY 2024 Community Services Department Operating Budget. Each year, as part of the annual budget process, staff presents the Public Art Fund Budget to the Southlake Arts Council for consideration. Within the proposed FY 2024 Public Art Fund Budget of $171,546 are items such as continued funding for Contract Services $52,000, Public Art Program administration $6,100, and maintenance costs $13,446. In addition, staff has submitted a Supplemental Request of $6,000 to reprint the Bob Jones Exhibit hanging at the Bob Jones Nature Center onto a more durable material at the request of the Southlake Historical Society. The proposed budget remains subject to final review by the City Manager. The City Council will consider the Public Art Fund Budget as part of the annual budget process, with final approval being made in September. This year's budget includes a 2% inflation adjustment that increased the budget from $170,143 to $171,546. This inflation adjustment allocates an increased budget to the Public Art Maintenance budget used for annual art cleaning and miscellaneous maintenance projects. Financial Considerations: Approved budget allocations for FY 2024 will be effective October 1, 2023. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-1 Southlake Arts Council Meeting Date — June 27, 2023 Page 2 of 2 Strategic Link: Recommendation of the Public Art Fund Budget is linked to the City Council Focus Area of Infrastructure and Development and Performance Management & Service Delivery. Recommendation of the budget also addresses the corporate objectives to invest to provide and maintain high quality public assets. Citizen Input/ Board Review: Southlake Arts Council recommendation June 27, 2023 City Council to consider September 19, 2023 Legal Review: Not applicable. Alternatives: Alternatives include: • Recommendation for approval as presented • Recommendation for approval with input as desired • Decision not to recommend approval Supporting Documents: None. A presentation will be provided at the meeting. Staff Recommendation: Southlake Arts Council recommendation to approve the proposed FY 2024 Public Art Fund Budget City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-2