Project: Wall Art – Corner of 2 N. Water Street & 8 E. Kansas St. – “Liberty” Themed Artwork(s)
The City of Liberty is issuing a call for artists to create artwork that would cover 15 individual panels (approx 6 ft tall by 12 ft wide) hung side by side to adorn a temporary wooden façade (6 ft. tall by 160 ft. wide) at the corner of Water and Kansas Streets in Historic Downtown Liberty. The wall serves as a visual barrier for a vacant lot located at the SE Corner of the Historic Courthouse Square.
We are looking to create a mural that is appealing to area residents and visitors. Preferred themes could celebrate community and/or culture with elements that will draw people from around the Kansas City Metro, and visitors to KC, to Liberty for a photo opportunity. The panels should be light-hearted and capture the essence community pride, inclusivity, and equity.
Themes:
City Pride
Culture
History
Artists who draw, paint, make prints, work in computer or graphic design, photography, etc. are invited to apply. Must be 18 or older to apply, and be willing to sign a legal agreement and waiver. Once installed, each piece artwork must require limited maintenance and withstand the area’s climate and weather for up to two years.
Panel Details:
“Panels” refers to the 15 sections, which selected artists will design using the medium of their choosing that adheres to the below guidelines. Panel dimensions as follows:
▪ 13 12’x6’ panels (5 panels on Water St., 8 panels on Kansas St.)
▪ 1 10’ x 6’ panel (A diagonal or angled panel on Kansas St.)
▪ 1 5’ x 6’ panel (a panel on Water St.)
• Some of the panels have a unique shape and the committee will consider how the art will look in the designated space when making the assignments.
● The wall is built completely out of unpainted or additionally primed CCA treated plywood. Canvas artwork will be directly fixed to this wall via staples. If you choose to paint directly on the wood, that is also permitted. Photos of the blank wood wall are included as an attachment to this application.
●Use the references below to serve as a launch point to explore Liberty’s history and culture:
▪ Visit Liberty Mo tourism website: www.visitlibertymo.com
▪ History of Liberty: www.libertymissouri.gov/2120/History-of-Liberty
▪ William Jewell College History: http://www.jewell.edu/about-jewell/history
▪ Liberty Public School District: www.lps53.org/
▪ Historic Downtown Liberty, Inc.: www.historicdowntownliberty.org/intriguing-history/
● Sample murals and artwork from around the country that served as inspiration to the committee for this Call for Artists are http://www.bravotv.com/blogs/8-street-art-murals-across-the-us-that-were-basically-made-for-instagram
● The artists will be selected by members of the Public Art Committee that includes members of the Liberty Arts Commission, the property owner, representatives from Historic Downtown Liberty, Inc., and City Staff. The group will select proposals they feel fit the City’s culture.
The Call Options
Artists will select one of three options for their proposal, you may:
A. Create a proposal for one individual panel from the dimensions listed above
B. Create a proposal for all panels on either N. Water or all panels on E. Kansas
C. Create a proposal for all panels, on both streets, the entire façade
The Proposal:
Please be prepared to submit the following items in the online application. All files should be submitted in as .PDF, PNG or JPG and be sized approximately 1880 pixel on the longest side @ 100 dpi
▪ Resume (Maximum 2 pages)
▪ Outline which proposal option you are choosing
▪ 3-6 examples of previous work
▪ Detailed Project Description, including:
o A literal description of the artwork
o A description of the concepts in the proposed piece
o How will this work contribute to a visitor’s experience of downtown Liberty?
o An artist statement describing wall art experience and interest in the project
▪ 1 to 5 sketches or digital illustrations of the proposed mural panel
▪ Proposed budget for reimbursement of materials
▪ There is no application fee. All artwork will become the property of the City of Liberty at the time of hanging.
Honorarium:
▪ The Liberty Arts Commission will provide the canvas and the hardware for attaching the artwork to the façade if you choose. The artist will be responsible for the remaining materials.
▪ Option A Honorarium: Up to $150 per panel
▪ Option B Honorarium: Up to $1750
▪ Option C Honorarium: Up to $3500
Timeline:
▪ Applications are due by February 26, 2018
▪ Artists will be notified by March 20, 2018
▪ Weather permitting, artwork(s) should be completed by April 27, 2018
ARTWORK PURCHASE AND EXHIBITION AGREEMENT
THIS ARTWORK PURCHASE AND EXHIBITION AGREEMENT (the “Agreement”) is made effective as of _________ _____, 20__ (the “Effective Date”), by and between the City of Liberty, Missouri, a municipal corporation of the State of Missouri (the “City”), and _______________ (“Artist”).
WHEREAS, City has created the Public Art Program (the “Program”) for the submission and selection of public art to be displayed in certain designated areas in the City of Liberty;
WHEREAS, Artist has submitted the artwork described on Exhibit A attached hereto and incorporated herein (the “Artwork”) to be considered in the Program;
WHEREAS, as part of the Program, City has selected the Artwork to be installed at the location identified on Exhibit B attached hereto and incorporated herein (the “Site”) and desires to contract with the Artist for installation and exhibition of the Artwork upon the terms and conditions set forth in this Agreement;
WHEREAS, as part of the Program, Artist desires to contract with City for the installation and exhibition of the Artwork upon the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the promises, covenants, and payment contained in this Agreement, and for such other good and valuable consideration, the parties hereto agree as follows:
1. Sale. Artist agrees to sell the Artwork to City, and City agrees to accept the sale of Artwork, upon the terms and conditions set forth herein.
2. Term; The term of this Agreement shall commence upon the Effective Date. The parties hereto agree that the Artwork will be installed at the Site no later than _____________ ___, 20__ (the “Installation Date”). The Artist shall provide a preliminary drawing or concept to be reviewed and approved by the City. That drawing or concept shall be consistant with the family nature of the public square in down town Liberty. If the drawing or concept is rejected by the City this contract shall end. Notwithstanding anything herein to the contrary, City may terminate this Agreement upon written notice to Artist should Artist fail to perform Artist’s obligations under the terms of this Agreement and continue such failure for a period of ten (10) days following written receipt of notice thereof; provided that if Artist’s performance is delayed due to a cause that is not within the reasonable control of Artist, the time for Artist to perform shall be extended for a period of time that is reasonable under the circumstances. If this Agreement is terminated by City as permitted by this Section, Artist agrees to refund the Honorarium, defined below, at the expiration of the 10-day period referenced in the foregoing sentence.
3. Compensation. In consideration for the purchase of the Artwork, City agrees to pay Artist ________________and 00/100 Dollars ($__,00.00) (the “Honorarium”), which shall constitute full compensation for all services to be performed by Artist pursuant to this Agreement. Any costs over $______________shall be the responsibility of Artist. Payment of the Honorarium shall be made to Artist upon the full and complete installation of the Artwork at the Site and City’s acceptance of the Artwork. The City reserves the right to reject the Artwork as inconsistent with the family nature of the downtown square and terminate this agreement.
4. Transportation, Installation and Removal. Artist, at Artist’s sole cost and expense, shall be responsible for the transportation and installation of the Artwork at the Site. Artist and City will coordinate the delivery of the Artwork to the Site. Artist shall install the Artwork at the Site in accordance with the City’s requirements and specifications, if any.
5. City’s Acceptance. Once the Artwork is installed at the Site, City shall notify Artist in writing of its acceptance of the Artwork.
6. Care of Artwork. City shall use reasonable efforts to maintain the Artwork in the condition it is in upon delivery to the Site in accordance with Artist’s care instructions as provided in Exhibit C, attached hereto and incorporated herein; provided. Notwithstanding anything herein to the contrary, City has the right to execute any emergency preservation measure without Artist’s permission if such measure, in the sole discretion of City is required to protect the Artwork or other property, or to protect the health and safety of City personnel or the public.
7. Representations and Warranties.
(a) Warranties of Title. Artist represents and warrants that: (i) the Artwork is solely the result of artistic effort of Artist; (ii) Artist is the sole owner of the Artwork and all of the rights under copyright in the Artwork; (iii) Artist has full authority to sell the Artwork and grant the rights provided in this Agreement; (iv) the Artwork is unique and a one-of-a-kind original and does not infringe upon any copyright or other intellectual property, proprietary or property right of any person; (v) the Artwork contains no libelous, defamatory, or other unlawful material; (vi) the Artwork is free and clear of any liens from any source whatever; and (vii) Artist will deliver written authorizations for the use of any material owned by a third party and included in the Artwork, which authorizations are in form required or approved by City.
(b) Warranties of Quality and Condition. Artist represents and warrants that: (i) the fabrication and installation of the Artwork has been or will be performed in a professional and workmanlike manner; and (ii) the Artwork, as fabricated and installed, will be free of defects in material and workmanship.
City shall give written notice to Artist of any observed breach of any of the warranties in this Section 7 with reasonable promptness. At City’s request, Artist shall, at Artist’s sole cost and expense, cure reasonably and promptly the breach of any such warranty to the satisfaction of City.
8. Title; Ownership; Copyright. Upon sale of the Artwork, the City shall retain title to the Artwork and shall retain the ownership of copyrights in and to the Artwork and a worldwide, irrevocable, perpetual, royalty-free license to reproduce, distribute, perform, display and prepare the Artwork, reproductions thereof, and works derivative thereof (or portions of the foregoing) for any use and purpose whatsoever, including, by way of example, for use in printed or electronic form, in collateral materials and items such as, but not by way of limitation, brochures, magazines, rosters, video productions, catalogues, advertisements, on websites, and on all measure of items such as cups, glasses, and other promotional specialties. Notwithstanding the foregoing sentence, without the prior approval of the Artist, City may not sell reproductions of the Artwork as separate items for sale (e.g., a separate replica of the Artwork for sale as compared to the use of a reproduction on a collateral item such as a cup or brochure, which use is permitted without prior approval). In such instance, City and Artist will enter into a separate agreement for City’s license and use of such rights. City and/or future owner shall not be required to pay any royalty to the Artist for separate reproductions that are donated or provided as gifts to other parties by City. The grant to City contained in this Section 8 shall survive termination of this Agreement.
9. Personality Rights. Artist grants City the irrevocable right to use, publish, reproduce, create derivative works of, distribute, and publicly display Artist’s name, photograph, likeness, and biography (“Artist’s Name and Image”), in any form, media, or content, in connection with City’s exercise of the rights granted in this Agreement. The grant to City contained in this Section 9 shall survive the termination of this Agreement. Artist releases City and waives any claims, demands, damages, losses, liabilities, and causes of action arising from conducting any of the above-authorized uses of the Artist’s Name and Image by City, including, without limitation, any claims for copyright, moral rights, defamation, libel, invasion of privacy, publicity, personality, or exploitation of the Artist’s Name and Image.
10. Risk of Loss; Insurance. The risk of loss or damage to the Artwork shall be borne by Artist until the City’s acceptance of the Artwork, and Artist shall take such measures as are necessary to protect the Artwork from loss or damage during the installation. In the event the Artwork becomes damaged, destroyed or becomes a danger to the public, the City shall repair or remove the Artwork. Artist accepts all risk associated with the Artwork being on display and hereby releases all claims and subrogation against City for any loss, damage or theft of the Artwork, however caused. Further, Artist hereby waives any right of claims against City for any injury to persons or property that may occur in the creation, installation, exhibition and removal of the Artwork.
11. Indemnity. To the fullest extent permitted by law, Artist shall indemnify, defend and hold harmless City, and its respective agents, employees, officers, administrators, successors, and assigns from and against all claims, injuries, damages, losses, costs, expenses, and liability, including but not limited to attorneys’ fees (“Claims”), whether arising before, during, or after completion of Artist’s services pursuant to this Agreement, caused by, arising out of, or resulting from (i) Artist’s performance of Artist’s obligations hereunder of whatever nature or (ii) Artist’s breach of any representation or warranty herein.
12. City Discretion. At any time during the term of this Agreement, City reserves the right to remove the Artwork. Once the Artwork is accepted by City, Artist shall not remove the Artwork or modify the display of Artwork, except with the permission and in conjunction with City.
13. General Provisions.
(a) Relationship of the Parties. Nothing in this Agreement shall be construed to create a joint venture, partnership, association, or like relationship between the parties.
(b) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Artist and City, as well as their heirs, personal representatives, successors and permitted assigns.
(c) Assignment. The work and services of Artist are personal and shall not be assigned or otherwise transferred without prior written consent of City. Any attempt by Artist to assign this Agreement or any rights, duties, or obligations arising hereunder without first obtaining City’s prior written consent shall be void and of no effect.
(d) Compliance with Laws. Artist shall comply with all applicable city, county, state, and federal statutes, ordinances, and regulations.
(e) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes any other agreements, understandings, negotiations, and discussions, either oral or in writing, expressed or implied, between the parties hereto.
(f) Waiver of Breach. Failure by either of the parties to insist on compliance with any term, covenant, or condition contained in this Agreement shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any time be deemed a waiver or relinquishment of any right or power at any other time or times.
(g) Severability. Should any portion, word, clause, phrase, sentence, or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.
(h) Modifications. This Agreement may not be amended, altered, modified, or otherwise changed except in writing executed by all parties hereto and expressly stating that it is an amendment to this Agreement.
(i) Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation hereof.
(j) Attorneys’ Fees. If any legal proceedings are commenced by the parties that arise out of or relate to this Agreement, the substantially prevailing party in such legal proceedings will be entitled to recover attorneys’ fees and costs from the other party.
(k) Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-law principles, and each party irrevocably submits to the exclusive venue and jurisdiction of the Circuit Court of Clay County, Missouri, or the United States District Court for the Western District of Missouri, for the purpose of any suit, action, or other proceeding arising under this Agreement. Nothing herein shall be construed to prevent removal of a matter to federal court where permitted by law.
(l) Notices. All notices to be given or served hereunder, whether pursuant to the terms or this Agreement or any provision of law, shall be in writing signed by the party giving such notice, and shall be sufficiently given or served if sent by certified mail, return receipt requested, and addressed to the notice address for each party as set forth on the signature page hereto. Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after the postmarked date.
(m) Counterparts. This Agreement may be signed in counterparts and each counterpart with a hand-written signature, whether an original or an electronic data text (including telegram, telex, facsimile, electronic data interchange and electronic mail) is considered an original and all counterparts constitute one and the same instrument.
[Signature Page Follows]
[Signature Page to Artwork Services and Acquisition Agreement]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
“City” “Artist”
City of Liberty, Missouri,
a municipal corporation of the State of Missouri
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notice: Address for Notice:
Attn: Attn:
Facsimile: Facsimile:
Exhibit A
Description of Artwork
Exhibit B
Site
Exhibit C
Care Instructions