Orange County, Florida Public Art Opportunity
$33,500 available for Public Art Project
Exterior Art for new park
Project: Parcel J Park
12901 Moss Park RD
Orlando, FL 32832
Project Description
The Orange County Public Art Review Board seeks one or more artist(s) or artists’ team(s) to develop artwork for a new public park that will be easy to maintain and durable. The art and materials used need to be very low maintenance, and able to withstand the elements. The park will be unmanned. The park and artwork will not be lit at night. No electricity is available to the artwork.
Possibilities include, but not limited to:
Functional Art (kid friendly)
Free-standing sculpture
Park Benches
Bike Racks
Fencing
Art and images embedded in sidewalks
Mosaic walkway
Mosaic on concessions building
Kinetic sculpture
Signage
Background
Orange County, Florida is a rapidly growing metropolitan area of over one million residents containing the City of Orlando and a dozen other municipalities.
This will be a new park in the growing suburbs on former Florida scrub land where Sandhill Cranes once were a common sight, and it will provide the County with several lit fields for sports like soccer, lacrosse, etc. There will also be an inclusive playground where children with disabilities can play alongside typically-abled children. This will be a playground where all children will feel at home.
With over 75 million visitors to the community each year, the area is becoming a cultural capital in ways that go far beyond the theme parks that have brought tens of thousands of skilled artists and creative thinkers to consider Central Florida their home. We are a minority majority community with over 160 languages spoken in the public schools. A recent study indicates that by 2030 Orlando may be the most diverse major metro area in the world. The county values innovation, collaboration and inclusion. This project provides the opportunity to offer art as part of the recreational experiences in this new neighborhood.
Site
The future Parcel "J" park site is on located in East Orange County northwest of the entrance to Moss Park. It is located on the northwest side and behind Fire Station #77. Construction will begin in spring 2020, with the opening scheduled by spring 2021. Artist coordination with developer is required.
The entrance to the park will be shared with a yet to be constructed elementary school.
The site is approximately 16 acres in size and will include:
100% fenced inclusive playground
Three lighted multi-purpose fields for soccer, football and lacrosse games
Budget
$33,500 has been approved for artwork for the park. The selected artist(s) or team(s) will be awarded a comprehensive contract (or contracts), that will cover artwork design, fabrication, materials, installation, insurance, travel, public presentations, meetings with Orange County staff as necessary, identification plaque, and all related incidental expenses.
Eligibility
This opportunity is open to professional artists working in any appropriate media. Student artists may apply if they can secure an experienced public artist to serve as a mentor to oversee their work.
Selection Process
A selection panel consisting of the project manager, arts professionals, landscape architect and program administrators for the facility and the park system, will review artists’ qualifications. Several artists will be selected to provide proposals and will be paid a stipend of $500 each for their proposal. Final artist(s) selection will take place after review of the proposals. The Arts & Cultural Affairs Director serves as the non-voting Chair of the Selection panel.
The Public Artist Selection Panel and Orange County reserve the right to reject any or all applications, proposals, applicants or projects, and to modify or terminate the application process or the selection process for any reason and without prior notice.
Selection Criteria
Artists will be evaluated on artistic excellence as evidenced by submitted materials; professional experience; compatibility with the architectural design, park environment and values of the county and this particular park.
Submittal Requirements
Experience with public art projects with a similar budget is not required but helpful.
Professional resume (teams must submit resumes for each member).
Letter of interest, outlining interest in the project and a preliminary statement of approach.
A minimum of one (1) image is required, and the maximum is 12. Images of finished works or conceptual drawings can be submitted. Provide additional information to assure the Selection Panel of ability to realize a public art project and that it will be completed and installed as designed.
Timeline
Release of call to artists: Monday, March 9, 2020
Submittals due: Friday, April 24, 2020
Panel review: Tuesday, April 28, 2020
Selected finalists notified: Thursday, April 30, 2020
Final Proposals Due: Thursday, June 11, 2020
Artwork installation: Fall / Winter 2020
Contact
For further information, contact Mr. Terry Olson, Director, Arts & Cultural Affairs. Terry.Olson@ocfl.net, 407-836-5540.
ARTWORK COMMISSION AGREEMENT
BETWEEN
ORANGE COUNTY, FLORIDA
AND
ARTIST
THIS AGREEMENT (“Agreement”) is made as of this ___ day of ________, 20__, by and between Orange County, Florida, a charter county and political subdivision of the State of Florida, whose address is 201 S. Rosalind Avenue, Orlando, Florida, 32801 (hereinafter referred to as the COUNTY), and _________________, a business entity (hereinafter referred to as the ARTIST), whose Federal I.D. or Social Security number is _____________.
R E C I T A L S
WHEREAS, the COUNTY wishes to obtain artwork (the “Artwork”) for the Back To Nature Wildllife Refuge, located at 10525 Clapp Simms Duda Road, Orlando, Florida, 32832 (the “Site”), and
WHEREAS, the ARTIST is an artist that is willing to be responsible for providing such artwork, and
WHEREAS, an Artist Selection Panel of the Arts & Cultural Affairs Office, with members from the users of the facility, the builders of the facility and from the arts community selected ARTIST in an open application process, and
WHEREAS, the Public Art Review Board has approved the recommendation of the Artist Selection Panel,
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties agree as follows:
The above recitals are true and correct, and form a material part of this Agreement.
1. Term of Agreement. The term of this Agreement shall commence on the ____ day of ________, 20__, through ____ day of ________, 20__, or until services are completed in compliance with Section 2.
2. Services To Be Provided. ARTIST will provide services as described in this section.
(A) ARTIST agrees to provide a personalized service of creating the Artwork in compliance with all terms and conditions of this section and Agreement.
(B) Terms and Conditions:
Art Work Title:
Medium:
Artwork Size:
Description:
Approval of Sketches:
Delivery:
Final Acceptance:
Delivery Address:
(C) ARTIST further agrees to provide a sketch of the work to COUNTY. After the final sketch is approved by COUNTY on or before ________ ___, 20__ sculpt, fabricate, paint, deliver and install the finished Artwork to COUNTY on or before _______ ___, 20__.
(D) In any public presentation or publication of this work the artist will acknowledge that it was commissioned by the Orange County Arts & Cultural Affairs Public Art Program in Orlando, Florida.
(E) All required laws, regulations, codes and ordinances will be observed.
(F) ARTIST will secure any and all required licenses, permits and similar legal authorizations at ARTIST’s expense as may be necessary for the installation of the Artwork at the Site.
(G) ARTIST will provide a detailed maintenance and preservation plan (the “Maintenance & Preservation Plan”) including a description of all materials and products utilized in the Artwork and the required routine care and upkeep involved.
(H) ARTIST will attend a public presentation of the art at a mutually agreed upon time within one month of the installation.
(I) ARTIST will give a lecture on the artist’s work and elements influencing its design and construction.
(J) ARTIST shall arrange the transportation and installation of the Artwork in consultation with COUNTY. If ARTIST does not install the Artwork him or herself, ARTIST shall supervise and approve the installation.
(K) ARTIST shall provide required insurance in amounts and limits specified in Section 10.
(L) ARTIST shall provide a list of all subcontractors along with a copy of the agreement between the ARTIST and each subcontractor.
(M) ARTIST shall provide photographic documentation of the Artwork.
(N) ARTIST shall install the art on the site that the County has prepared.
3. COUNTY’s Obligations.
(A) COUNTY shall perform all obligations in strict compliance with all terms and conditions of this agreement.
(B) COUNTY shall not permit any use of ARTIST’s name or misuse of the Artwork which would discredit ARTIST’s reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within COUNTY’s control.
(C) COUNTY shall provide and install a plaque on or near the Artwork containing a credit to ARTIST and a copyright notice substantially in the following form: ________________________________________.
(D) COUNTY shall provide timely and suitable access to the installation site.
(E) COUNTY shall provide suitable barricades at COUNTY’s expenses during installation in order to protect the Artwork and the general public.
4. Design. ARTIST submitted a design concept/schematic (the “Design Proposal”) with an accompanying budget (the “Budget”), pursuant to a competition organized for the procurement of an artist to design and fabricate an artwork suitable for the current project, which Design was selected and approved by the COUNTY. The Design Proposal and Budget shall be attached to this Agreement as Exhibit 1 and Exhibit 2, respectively.
5. Independent Contractor. In performing the services herein specified, ARTIST is acting as an Independent Contractor, and neither ARTIST nor any of ARTIST’s staff shall be considered employees of COUNTY.
6. Compensation. COUNTY will remunerate ARTIST for services as described in Section 2 for the amount not to exceed _________________________________. This amount shall represent the entire limit of compensation allowable under this Agreement.
(A) If ARTIST incurs costs in excess of the amount listed here, ARTIST shall pay such excess from ARTIST’s own funds unless ARTIST previously obtained approval for such costs from COUNTY (or such costs were the result of actions or inaction of COUNTY).
(B) Schedule. A schedule for the payment is attached to the Agreement as Exhibit 3.
7. Availability of Funds. COUNTY’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners, or other specified funding source for this procurement.
8. Risk of Loss. ARTIST shall bear the risk of loss or damage to the Artwork until COUNTY’s final acceptance of the Artwork under Section 10. ARTIST shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. COUNTY shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of COUNTY or its agent(s) for the purposes of transporting, storing, installing or performing other services to the Artwork.
9. Artist’s Representations and Warranties.
(A) Warranties of Title. ARTIST represents and warrants that:
a) the Artwork is solely the result of the artistic effort of ARTIST;
b) except as otherwise disclosed in writing to COUNTY, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person;
c) the Artwork (or duplicate thereof) has not been accepted for sale elsewhere;
d) ARTIST has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement;
e) the Artwork is free and clear of any liens from any source whatsoever;
f) all Artwork created or performed by ARTIST under this Agreement, whether created by ARTIST alone or in collaboration with others, shall be wholly original with ARTIST and shall not infringe upon or violate the rights of any third party;
g) ARTIST has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;
h) all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill and diligence;
i) These representations and warranties shall survive the termination or other extinction of this Agreement.
(B) Warranties of Quality and Condition.
a) ARTIST represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of final acceptance by the COUNTY under Section 11.
b) ARTIST represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety.
c) ARTIST represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the Maintenance & Preservation Plan submitted by ARTIST pursuant to Section 2(G).
d) If within one year COUNTY observes any breach of warranty that is curable by ARTIST, ARTIST shall, at the request of COUNTY, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to COUNTY. The COUNTY shall give notice to ARTIST of such breach with reasonable promptness.
e) If after one year COUNTY observes any breach of warranty that is curable by ARTIST, the COUNTY shall contact ARTIST to make or supervise repairs or restorations at a reasonable fee during ARTIST’s lifetime. ARTIST shall have the right of first refusal to make or supervise repairs or restorations. Should ARTIST be unavailable or unwilling to accept reasonable compensation under the industry standard, COUNTY may seek the services of a qualified restorative conservator and maintenance expert.
f) If within one year COUNTY observes a breach of warranty that is not curable by ARTIST, ARTIST is responsible for reimbursing COUNTY for damages, expenses and loss incurred by the COUNTY as a result of the breech. However, if ARTIST disclosed the risk of this breach in the Design Proposal and COUNTY accepted that it may occur, it shall not be deemed a breach.
g) Acceptable Standard of Display. ARTIST represents and warrants that:
i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer’s Warranties. To the extent the Artwork incorporates products covered by a manufacturer’s warranty, ARTIST shall provide copies of such warranties to COUNTY.
The foregoing warranties are conditional, and shall be voided by the failure of COUNTY to maintain the Artwork in accordance with ARTIST’s specifications and the applicable conservation standards. If COUNTY fails to maintain the Artwork in good condition, ARTIST, in addition to other rights or remedies ARTIST may have in equity or at law, shall have the right to disown the Artwork as ARTIST’s creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired.
10. General Insurance.
(A) The ARTIST will provide General Liability Coverage for all operations including, but not limited to, Contractual, Products and Completed Operations, and Personal Injury. The limits will not be less than $300,000 Combined Single Limit (CSL) bodily injury and property damages, or its equivalent. Said coverage shall list COUNTY as an additional insured and the insurance coverage shall contain a provision which forbids any cancellation, changes or material alterations in the coverage without providing 30 days written notice to the COUNTY.
(B) ARTIST acknowledges that until final acceptance of the Artwork by COUNTY under Section 11, any injury to property or persons caused by the ARTIST’s Artwork or any damage to, theft of, vandalism to, or acts of God affecting the ARTIST’s Artwork are the sole responsibility of ARTIST, including, but not limited to, any loss occurring during the creation, storage, transportation or delivery of the Artist’s Artwork, regardless of where such loss occurs.
11. Ownership and Intellectual Property Rights.
(A) Title. Title to the Artwork shall pass to COUNTY upon COUNTY’s written final acceptance and payment for the Artwork pursuant to Section 10. Artist shall provide COUNTY with a Transfer of Title in substantially the form attached hereto as Exhibit 4.
(B) Ownership of Documents. One set of presentation materials prepared and submitted under this Agreement shall be retained by COUNTY for possible exhibition and to hold for permanent safekeeping.
(C) Copyright of Ownership. ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., as the sole author of the Artwork for the duration of the copyright.
(D) Reproduction Rights.
a) In view of the intention that the final Artwork shall be unique, ARTIST shall not make any additional exact duplicate three-dimensional reproductions of the final Artwork, nor shall ARTIST grant permission to others to do so except with written permission of COUNTY. However, nothing shall prevent ARTIST from creating future Artworks in ARTIST’s manner and style or artistic expression.
b) ARTIST grants to COUNTY and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity and exhibition catalogs, or other similar publications provided that these rights are exercised in a tasteful and professional manner.
c) All reproductions by COUNTY shall contain a credit to ARTIST and a copyright notice in substantially the following form: _____________________________________________.
d) ARTIST shall use the ARTIST’s best efforts in any public showing or resume use of reproductions to give acknowledgement to COUNTY in substantially the following form: “an original Artwork commissioned by and in the public art collection of ORANGE COUNTY.”
e) ARTIST shall, at ARTIST’s expense, cause to be registered with the United States Register of Copyrights, a copyright for the Artwork in ARTIST’s name.
f) If COUNTY wishes to make reproductions of the Artwork for commercial purposes, including, but not limited to, T-shirts, postcards and posters, the parties hereto shall execute a separate agreement to address the terms of the license granted by ARTIST and the royalty ARTIST shall receive.
g) Third Party Infringement. COUNTY is not responsible for any third party infringement of ARTIST’s copyright and not responsible for protecting the intellectual property rights of ARTIST.
12. Artist’s General Rights.
(A) ARTIST retains all rights under state and federal laws including §106A of the Copyright Act of 1976.
(B) COUNTY agrees that it will not intentionally alter, modify, change, destroy or damage the Artwork without first obtaining permission from ARTIST.
(C) If any alteration or damage to the Artwork occurs, ARTIST shall have the right to disclaim authorship of the Artwork in addition to any remedies ARTIST may have in law or equity under this contract. Upon written request, COUNTY shall remove the identification plaque and all attributive references to ARTIST at its own expense within 60 days of receipt of the notice. No provision of this Agreement shall obligate COUNTY to alter or remove any such attributive reference printed or published prior to COUNTY’s receipt of such notice. ARTIST may take such other action as ARTIST may choose in order to disavow the Artwork.
13. Alterations of Site or Removal of Artwork.
(A) COUNTY shall notify ARTIST of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork. COUNTY shall make a good faith effort to consult with ARTIST in the planning and execution of any such alteration. COUNTY shall make a reasonable effort to maintain the integrity of the Artwork.
(B) COUNTY agrees not to arbitrarily remove or relocate the Artwork without first making a good faith effort to contact ARTIST. ARTIST shall not unreasonably withhold approval of removal or relocation of the Artwork. Should ARTIST agree to such removal or relocation, ARTIST shall provide COUNTY with written handling instructions. In the event that ARTIST is deceased or unable to otherwise give the ARTIST’s consent, the current owner of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of ARTIST at the time of commission and fabrication.
14. Indemnification. If there are any claims for damages attributable to the negligence, errors or omissions of ARTIST, its agents or employees while providing the services called for herein, it is understood and agreed that ARTIST shall indemnify and hold harmless COUNTY from any and all losses, costs, liability, damages and expenses arising out of such claims or litigation asserted as a result hereof. However, ARTIST shall not be responsible for negligent acts or omissions of COUNTY, its agents or employees, or of third parties which result in bodily injury to persons or property.
15. Termination.
(A) Either party may terminate this Agreement without cause by giving the other party at least ten (10) days prior written notice.
(B) Either party may terminate this Agreement upon breach by the other party of any material provision of this Agreement, provided such breach continues for fifteen (15) days after receipt by the breaching party of written notice of such breach from the non-breaching party.
16. Entire Agreement Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement of the authorized parties to this Agreement.
17. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. The venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.
18. Notices. All notices hereunder by either party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by overnight courier, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows:
As to COUNTY:
Terry Olson, Administrator
Arts & Cultural Affairs Office
Orange County Government
450 E. South Street, Suite 345
Orlando, FL 32801
(407) 836-5546
(407) 836-5554 (fax)
Terry.Olson@ocfl.net
As to ARTIST:
____________________
or to such other persons or places as either party may from time to time designate by written notice to the other.
10. Assignment. ARTIST shall not assign or transfer, in whole or in part, this Agreement or any of ARTIST’s rights, duties or obligations under this Agreement without the prior written consent of COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
ORANGE COUNTY, FLORIDA
Board of County Commissioners
By: _________________________________
Carrie Woodell, MPA, CFCM,
CPPO, C.P.M., CPPB, APP
Manager, Procurement Division
Date: _______________________________
ARTIST
By:
Date: _______________________________
EXHIBIT 1
DESIGN PROPOSAL
EXHIBIT 2
BUDGET
EXHIBIT 3
PAYMENT SCHEDULED UPON COMPLETION OF INDIVIDUAL ITEMS,
AS SPECIFIED IN EXHIBIT 2 BUDGET.
EXHIBIT 4
TRANSFER OF TITLE
STATE OF FLORIDA
COUNTY OF ORANGE
TRANSFER OF TITLE
FOR VALUABE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned ARTIST located at the address noted below does hereby sell, transfer and convey to the Agency, located in Orlando, Florida, its assigns and successors, all right, title and interest in the ownership of the Artwork commissioned by Agreement of __________ and as described therein.
Title:
Location: Back To Nature Wildlife Refuge, 10525 Clapp Simms Duda Road, Orlando, Florida, 32832.
IN WITNESS WHEREOF, Artist has executed this written transfer of title on this the ____ day of _______________, 20__.
__________________________
Witness
Sworn to and subscribed
before me on this ____ day
of ______________, 20__.
__________________________
NOTARY PUBLIC
Social Security Number
My Commission Expires: _________
(NOTARY SEAL)
Artist______________________________
Address ____________________________
Social Security Number ________________
