If selected, the following Agreement must be signed by both the Artist and the City of Westminster.  This Agreement outlines the responsibilities of both parties participating in the 2022-2023 Sculpture on Loan Program.

1.    Artist’s Responsibilities and Obligations

a.    The Artist certifies that the Artwork was created by the Artist and that the Artwork is original.

b.    The Artist agrees that the Artwork shall be on display on property owned by the City of Westminster, located at 3915 West 73rd Avenue, Westminster, CO for the 2022-2023 Sculpture on Loan exhibition period beginning on June 8, 2022 and ending on June 15, 2023 (“Exhibition Period”), unless other arrangements are agreed to by the City and Artist in writing.

c.     The Artist affirms that the Artwork is soundly constructed of metal, stone, or other similarly durable and sturdy materials that can withstand the elements and abuse of an outdoor display, has no easily breakable or easily damaged or removable parts or pieces, is constructed in a way that will not cause safety or liability concerns, is not constructed of wood, and will not require maintenance during the Exhibition Period.

d.    The risk of loss or damage to the Artwork shall be borne solely by the Artist until the City takes possession and accepts the Artwork for installation and exhibition. Once the Artwork has been removed from public display and returned to the Artist’s possession, the risk of loss or damage to the Artwork shall be borne solely by Artist.

e.    The Artist agrees to deliver the Artwork, ready for installation, to the City’s designated location at 3915 West 73rd Avenue, Westminster, CO on or before July 31, 2022, unless other arrangements have been made previously with the City.

f.      The Artist is responsible for securely attaching the Artwork to a durable 1/4” steel base or mounting plate so that the Artwork may be welded to a display pedestal or bolted to a concrete pad or a sidewalk. The Artist is responsible for maintaining the attachment of the Artwork to a steel base or mounting plate throughout the Exhibition Period.

g.    If the Artwork incurs damage during the Exhibition Period, the Artist is entitled to file an insurance claim with the City. If the damage to the Artwork creates a safety issue to the public or if further damage to the Artwork is likely to occur as a result of being in disrepair, the Artist will be responsible for making repairs to the Artwork in a timely manner. The City is not liable to the Artist for any damage to Artwork caused by repairs undertaken by the Artist or by the failure to undertake necessary repairs.

h.    The City of Westminster and its affiliates are not liable for the destruction, damage, or injury to the loaned Artwork caused by wear and tear, gradual deterioration, weather extremes, insects or vermin; repair, restoration, or retouching processes performed by the artist; or confiscation by order of any government.

i.      The Artist agrees to remove the Artwork from the designated location on approximately June 15, 2023 (“Removal Date”). The City will provide written notice of changes to the Removal Date of the Artwork to the Artist no later than 30 days prior to the specified Removal Date. If the Artwork is not removed by the designated date, the Artist agrees that the City may remove the Artwork and that the Artist shall reimburse the City for any expenses incurred in the removal, storage, or return of the Artwork to the Artist.

j.      Removal of Artwork prior to the Removal Date shall be at the discretion of the City and only upon written request by the Artist. If the Artist’s Artwork is sold during the Exhibition Period, the Artist will be required to provide a bill of sale to Office of Cultural Affairs staff.  In this event, the Artist will be required to provide a replacement Artwork of equal or greater value, created by the Artist and subject to approval by the Office of Cultural Affairs staff, within 7 days of the original Artwork being removed.

k.  The Artist agrees to pay all applicable application and/or entry fees as identified in this Call for Entry.  This includes a $35 entry fee for the first application and $10 entry fee for each additional application up to a total of six applications from the Artist. 

2.    The City’s Responsibilities and Obligations

a.    The City agrees to pay the Artist a $750 honorarium for the Artist’s costs of preparing the Artwork for installation, for transportation of the Artwork to the designated location, and loan of the Artwork for the Exhibition Period. The $750 honorarium shall be provided to the Artist within thirty (30) days of the Artwork being placed at the designated location.

b.    The City shall be responsible for attaching and removing the Artwork from the display pedestal, concrete pad, or sidewalk.

c.     The City shall be solely responsible for all location, installation, and placement decisions regarding the Artwork. The City may refuse to place Artwork at the designated location upon delivery of the Artwork on the installation date if the City, in its sole discretion determines, for example, that the Artwork is not suitable for public display, cannot be properly affixed at the designated location, or presents a safety or liability concern.

d.    The City will not undertake any alteration, restoration, or repair of the Artwork without the written authorization of the Artist. However, the City, in the lawful exercise of its police powers, has the right to make emergency repairs or remove the Artwork when necessary for the safety of the public.

e.    Evidence of damage to the Artwork, while on City property, will be reported by City staff in writing and by telephone to the Artist immediately, or as soon as it is discovered.

f.      Upon installation of the Artwork on site, the Artist and City staff will complete an Incoming Artwork Condition Report noting the condition of the Artwork. Upon uninstalling the Artwork, the City will issue a final Outgoing Artwork Condition Report and Return of Artwork Receipt which will be signed by the Artist upon removal of the Artwork.

g.    The Return of Artwork Receipt will constitute proof of the return of the 
Artwork by the City to the Artist in good condition. If the Artwork is lost or damaged while on public display, the City’s liability will not exceed the value of the artwork (maximum $75,000) as stated in the 2022 – 2023 Sculpture on Loan Program Agreement. The City and/or its insurer reserve the right to substantiate the value of the Artwork prior to settling any claim with the Artist or his or her successor. In the event that the Artist and the City disagree about the value of the Artwork, the Artist and the City agree to jointly hire an independent art appraiser and agree to be bound by the valuation arrived at by the independent art appraiser. If the Artist refuses to collect the Artwork and refuses to acknowledge its condition and availability for collection, within fifteen (15) days of notice that the Outgoing Artwork Condition Report and Return of Artwork Receipt is ready for signature, the City will consider that the condition of the artwork, as noted on the report form and as returned, is acceptable to the Artist and any subsequent claims by the Artist will not be honored.

3.    Reproduction and Credit

a.    The Artist agrees to allow the City and its agents, without compensation, to photograph and reproduce photographic images of the Artwork for its purposes, including for use in City publications and brochures. The City shall acknowledge the Artist in any publications that include photographic images of the Artwork.

b.    The Artist acknowledges that the Artwork will be displayed in a public place, and may be photographed by the general public without any compensation to the Artist, and without any requirement or expectation of acknowledgement in such photographs taken by the public. A plaque will be installed next to the Artwork attributing the Artwork to the Artist by name.

4.    Insurance and Indemnification

a.    The City of Westminster shall retain insurance coverage on the Artwork during the Exhibition Period. A $500 deductible will apply to all claims, which shall be the responsibility of the Artist, should the Artist decide to file a claim.

b.    The Artist will carry $1,000,000 in general liability insurance and list the City as additional insured on that insurance policy.

c.     The Artist, upon applying to the 2022-2023 Sculpture on Loan program, declares the insurable value of the Artwork titled ______________________________________ to be $________________ (maximum $75,000 value).

d.    The Artist may provide additional property insurance for their Artwork at their own expense. The City’s insurance will serve as primary property insurance on the Artwork, up to the appraised value by an independent art appraiser but not more than $75,000, should a claim be filed for damage or loss. If the Artist provides additional insurance coverage, the Artist is responsible for informing their insurer of the City’s coverage and insurance limits.  

e.    The Artist shall defend, indemnify, and hold harmless the City and its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of or resulting from this Agreement, to the extent that such claim, damage, loss, or expense is caused or alleged to be caused in whole or in part, by any negligent, reckless, or intentional act or omission of the Artist or anyone directly employed by the Artist or anyone for whose acts the Artist may be liable.

f.      The City will not defend or hold the Artist harmless for any claims that may be brought against the Artist for injuries or damages caused by the Artwork. The Artist agrees to defend and/or hold the City harmless for any claims that may be brought against the City for injuries or damages caused by the Artwork.

4.    Compliance with Law

a.    The Artist agrees to perform its obligations under this Agreement in compliance with all applicable federal, state, county, and city laws, ordinances, rules, and regulations.

b.    This Agreement shall be governed by the laws of the state of Colorado. The venue for any litigation shall be Adams County, Colorado.

5.    Binding Effect/Non-Assignability

a.    The City and the Artist each binds itself, its successors, and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the City nor the Artist shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other party.

6.    Severability

a.    If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties.

7.    Entire Agreement

a.    This Agreement constitutes the entire Agreement between the parties and supersedes all other prior Agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties shall be made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement.

8.    Default/Attorney’s Fees

a.    In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney’s fees, legal expenses, and costs incurred as a result of the default.

9.    No Waiver

a.    Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the City shall not constitute a waiver of any of the other terms or obligations of this Agreement.