Legal Agreement: The following is the body of the agreement signed by the City of Lafayette and the Art on the Street Artists. If you would like to see the exact format before submitting to this call, please email stacey.bernstein@lafayetteco.gov.
1. Artist’s Responsibilities and Obligations:
a. The Artist acknowledges that the Artwork was created by the Artist, and that the Artwork is original and available for purchase.
b. The Artist agrees that the Artwork shall be on display on City property from April 2023, through March 31, 2024. (“Exhibit Period”)
c. The Artist affirms that the Artwork is soundly constructed of durable and sturdy materials, has no easily breakable or easily damaged or removable parts or pieces, is suitable for outdoor public display, is constructed in a way that will not cause safety or liability concerns, and will not require maintenance during the Exhibit Period.
d. The Artist is responsible for securely attaching the Artwork to a durable steel base or mounting plate so that the Artwork may be welded to a metal pedestal or bolted to the sidewalk. The Artist is responsible for maintaining the attachment of the sculpture to the steel base or mounting plate throughout the Exhibit Period.
e. The Artist agrees to deliver the Artwork, ready for installation, to the City’s designated location at TBD , Lafayette, CO 80026. The City will provide written notice of the Installation Date no later than 30 days prior to the Installation Date.
f. The Artist agrees to remove the Artwork from the designated location by March 31, 2024 (“Removal Date”). The City will provide written notice of the removal 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 its expenses incurred in the removal, storage or return of the Artwork to the Artist.
2. City’s Responsibilities and Obligations:
a. The City agrees to pay the Artist $1,200.00 for the Artist’s costs for preparing the Artwork for installation. Such payment shall be provided to the Artist within 30 days of the Artwork’s placement at the designated location.
b. The City shall be solely responsible for attaching and removing the Artwork from the display pedestal 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 the 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 concern to the City. If the City refuses to display the Artwork after it has been delivered to the designated location, the Artist may retain the fee referenced herein in paragraph 2.a.
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 or the City or its employees.
3. Reproduction and Credit:
a. The Artist agrees to allow the City or its agent, without compensation, to photograph and reproduce photographic images of the Artwork for City purposes, including for use in City publications. The City shall acknowledge the Artist in any City publications that include a photographic image of the Artwork.
b. The Artist acknowledges that the Artwork may be photographed by the public without any compensation to the Artist.
4. Sale of Artwork:
a. The Artist shall determine the purchase price for the Artwork.
b. If the sale of the Artwork is arranged during the Display Period, the Artist agrees to allow the display of the Artwork to continue until the Removal Date, and not to complete the sale until or after the Removal Date.
c. The Artist agrees to pay the City 25 % of the purchase price of the Artwork as a commission if the Artwork is sold as a result of its display as part of the “Art on the Street” gallery exhibit. Such payment shall be made to the City in full within 30 days of the date of sale. The Artist agrees to allow the City to examine any documents regarding the sale of the Artwork, including copies of any invoices, receipts, negotiable instruments, or proof of payment by the purchaser for the purpose of verifying the amount of the commission.
d. Shipping and/or delivery of the Artwork, if sold, are the responsibility of the Artist.
5. Insurance / Indemnification:
a. The City shall insure the Artwork during the Display Period only against vandalism, theft, or damage to the Artwork caused by motor vehicles.
b. The Artist shall provide the City with a written statement of the value of the Artwork at least 30 days before the Installation Date. Failure to provide such a written statement at least 30 days before the Installation Date shall be good cause for the City to delay the Installation Date until a written statement of the value of the Artwork is received and insurance coverage is confirmed by the City.
c. The Artist may provide and maintain additional property insurance for the Artwork during the term of the Agreement.
d. 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 attorneys’ 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 Artist or anyone directly employed by Artist or anyone for whose acts Artist may be liable.
e. The parties hereto understand and agree that the City is relying on and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the City, its officers or its employees.
6. Compliance with Law: 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.
7. Colorado Law: This Agreement shall be governed by the laws of the State of Colorado. Venue for any litigation shall be in Boulder County.
8. Binding Effect/Non-Assignability. The City and 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.
9. Severability: 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.
10. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous 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 whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement.
11. Default/Attorney’s Fees: 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 fees, legal expenses and costs incurred as a result of the default.
12. No Waiver: 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.
13. Notice and Communications: Any notice to the parties required under this Agreement shall be in writing via email, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing.
