Work Sample Requirements Images |
Minimum:Min. 3,
Maximum:Max. 6
Total Samples |
Minimum:Min. 3,
Maximum:Max. 6
Call Type: Public Art Eligibility: National State: Missouri
Long Description
Provide a long description of the prospectus to be published on its own page. The sculptures selected will be on display September 2019 - September 2020.
Liberty’s Public Art Sculpture Program is in its third year and is a way to expand a permanent collection of public art by featuring additional pieces that would be on display for a limited period of time. Additional locations for sculptures will be added each year. Up to Nine sculptures will be selected for installation in 2019. All work entered must be freestanding and resilient to variant temperatures and outdoor elements as it will be displayed outdoors for long-term public display. Selected artists will receive a $2,000 honorarium as well as public recognition and an opportunity for sales. The City of Liberty has the option to purchase at least one piece of art from the art pieces on display each cycle, which would become a part of the City’s permanent art collection. The purchase price may be up to $15,000 less the honorarium.
PROGRAM GUIDELINES The Liberty Public Art Sculpture Program is open to all artists regardless of location and who are at least 18 years of age. All entries must be original work and of safe design and construction.
The following are the guidelines for the Liberty Public Art Sculpture Program:
· Pieces must be aesthetically appropriate for display in public places. When reviewing pieces for consideration, safety to the public (i.e. no sharp edges, no points, no breakable or bendable components, no climbing hazards, no barbed wire, etc.) and durability will be priorities for acceptance. Height shall not create a balance hazard.
·The sculpture must be able to be structurally secured to a concrete pad with bolts.
·Materials may include but are not limited to metal, wood, plastic, stone, ceramic or any other durable material that can withstand the variant temperatures. Regional temperature range 120F to -30F
·Artists are responsible for insurance on the artwork, transporting, installing and removing the artwork after the display period in accordance with the timeline agreed upon with the City of Liberty. The City shall oversee installation. Any piece purchased by the City will be transported to its permanent location by the City after the artist removes the piece from the pad.
·Each artist selected to display will receive a $2,000 honorarium to help defray costs of transportation, installation, de-installation of the sculpture, and all other expenses involved. Any costs over $2,000 are entirely the responsibility of the artist.
·Selected Artwork must be installed by September 20, 2019, and removed by September 1, 2020. Any sculpture that cannot meet the scheduled installation and de-installation dates may be disqualified and an alternate piece may be chosen
·Artists may sell the exhibiting artwork during the scheduled time period. However, exhibiting artwork may not be removed until the exhibition has concluded on September 1, 2020. The City of Liberty shall have the first right of refusal. SELECTION PROCESS Sculpture entries shall be juried by a jury along with a committee including business and education professionals from the Liberty area. A selection panel will review all submissions meeting the application requirements and deadline. The selected artists may be interviewed by phone to discuss their proposed sculpture. Selected artists must enter into a contractual agreement approved by the City of Liberty.
EXHIBITION DEADLINES AND SCHEDULES
On or before April 1, 2019 Submission deadline.
On or before May 10, 2019 Notification of Jury results
Week of September 16-19, 2019 Installation and stipend provided to artists
Week of September 1-4, 2020 Exhibition closes/ last day to de-install sculptures
Legal AgreementARTWORK LOAN AND EXHIBITION AGREEMENT
THIS ARTWORK LOAN 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 Sculpture Program (the “Program”) for the submission and selection of public art to be displayed in certain designated areas in the City of Liberty for a certain period of time;
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, exhibition and removal 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, exhibition and removal 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. Loan. Artist agrees to loan the Artwork to City, and City agrees to accept the loan of Artwork, upon the terms and conditions set forth herein.
2. Term; Termination. The term of this Agreement shall commence upon the Effective Date and expire on ____________ _____, 20__. The parties hereto agree that the Artwork will be installed at the Site no later than _____________ ___, 20__ (the “Installation Date”) and shall be removed no earlier than ________ __, 20__ and no later than _____________ __, 20__ (the “Removal Date”). 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 loan of the Artwork, City agrees to pay Artist Two Thousand and 00/100 Dollars ($2,000.00) (the “Honorarium”), which shall constitute full compensation for all services to be performed by Artist pursuant to this Agreement. Any costs over $2,000.00 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.
4. Transportation, Installation and Removal. Artist, at Artist’s sole cost and expense, shall be responsible for the transportation, installation and removal 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. Artist acknowledges and agrees that the Artwork will be secured to a concrete pad at the Site with bolts and agrees that the concrete pad shall not be damaged during the installation or removal of the Artwork. Upon the expiration of the term of this Agreement or the sooner termination hereof, Artist shall remove the Artwork from the Site, return the Site to its original condition and remove any debris caused by or resulting from the exhibition of the Artwork. In the event Artist fails to remove the Artwork by the Removal Date, City may, but is not obligated to de-install the Artwork, place the Artwork in storage, charge regular storage fees and any related insurance costs and perfect and enforce a lien for such fees and costs. If Artist does not remove the Artwork within sixty (60) days after the Removal Date, in consideration for City’s storage and/or safeguarding of the Artwork during such period, the Artwork shall be deemed an unrestricted gift to City. In the event City purchases the Artwork upon the expiration of the term of this Agreement, Artist shall de-install the Artwork from the concrete pad at the Site, and City shall transport the Artwork to its permanent location.
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. Ceremonies. Artist agrees to be available at a mutually agreed to time for any inauguration, dedication or other ceremony.
7. 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, however, City shall not be obligated to provide any security measures for the Artwork and is not responsible for any theft or vandalism of the Artwork. Except with Artist’s permission, City shall not attempt any repairs to the Artwork. 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.
8. 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 loan 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, installation and removal 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 8 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.
9. Title; Ownership; Copyright. Artist shall retain tile to the Artwork and shall own all studies, drawings, designs and models produced by Artist. Artist shall retain the ownership of copyrights in and to the Artwork, plans, drawings, schematics, design studies and models prepared by Artist in connection with the Artwork. Artist grants to City: (a) the right to display the Artwork at the Site; and (b) 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 a sculpture 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 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 9 shall survive termination of this Agreement.
10. 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 10 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.
11. Risk of Loss; Insurance. The risk of loss or damage to the Artwork shall be borne by Artist, and Artist shall take such measures as are necessary to protect the Artwork from loss or damage during the term of this Agreement. In the event the Artwork becomes damaged, destroyed or becomes a danger to the public, Artist shall remove the Artwork within three (3) days after notice from City. Artist will maintain adequate general liability insurance to protect City from any claims for any injury to persons or property arising from Artist’s acts or omissions during the installation and removal of 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.
12. 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.
13. Sale of Artwork. During the term of this Agreement, Artist may sell the Artwork, but in no event shall the Artwork be removed from the Site prior to the Removal Date. All sales and related negotiations are the sole responsibility of Artist.
14. City Discretion. At any time during the term of this Agreement, City may require Artist to remove the Artwork immediately upon request. If the Artwork is not immediately removed by Artist, 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.
15. 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:
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
