Work Sample Requirements Images |
Minimum:Min. 1,
Maximum:Max. 6
Video |
Minimum:Min. 0,
Maximum:Max. 6
Total Samples |
Minimum:Min. 1,
Maximum:Max. 12
Call Type: Public Art Eligibility: Regional State: California
The Napa Senior Center recently reopened to the public after 9 months of construction. The updated facility creates an opportunity for a permanent art installation. This art istallation will be permanently installed outside, where it will be highly visable from both outside and inside the Senior Center. Only completed artworks are eligible. Conceptual artwork proposals will not be considered.
Eligibility: Applicants must be currently living or working in CA, OR, NV, CO, WA, AZ, ID or UT. They must be at least 50 years of age to represent the Senior Center community. Napa City employees, and their immediate family members are not elligibile.
Selection Criteria:
Final Artwork will be selected on the basis of the following criteria:
· Artist Eligibility: Applicants must be artists currently living or working in CA, OR, NV, CO, WA, AZ, ID or UT. They must be at least 50 years of age to represent the community at location. City employees and their immediate family members are ineligible.
· Artwork Requirements: Artworks must be structurally safe for the general public, including children. Artworks must be extremely durable in outdoor conditions and limited maintenance required. Artwork must have a base no larger than 6 feet. Artwork must be able to be securely anchored down to concrete pad.
· Artist Recognition: A plaque with the artist name, studio location/home, sculpture information will be provided and installed by the City upon installation of the artwork.
· Artwork: Only completed artworks are eligible. Conceptual artwork proposals will not be considered.
· Jury: 2 Selected community members and 1 Public Steering Committee Member
This Exhibition Agreement (this “Agreement”) is made and entered into by and between the City of Napa, a California charter City (the "City"), and _______, (the "Exhibitor”). City and Exhibitor may be collectively referred to herein as the “parties.”
RECITALS
A. The City desires to develop, encourage, and promote a wide variety of public art opportunities. The Public Art at the Napa Senior Center will enhance the public environment and promote the understanding and enjoyment of public art.
B. The City of Napa will provide a concrete pedestal for the installation of the permanent public art that will be displayed at the Napa Senior Center.
C. Exhibitor is interested in exhibiting works of art, and the City is interested in permitting Exhibitor to exhibit their work as part of Napa's Public Art program in accordance with this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONSIDERATION IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. TERM. The term of this Agreement shall commence on _____________
2. TIME FOR PERFORMANCE. Time is of the essence in the performance under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement.
3. AUTHORIZED REPRESENTATIVES. All obligations under this Agreement shall be performed by, or under the direct supervision of, Exhibitor’s Authorized Representative, _____________. For the performance of obligations under this Agreement, the Exhibitor shall take direction from the City’s Authorized Representative, Katrina Gregory, unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.
4. EXHIBITOR HONORARIUM. The City will pay Exhibitor an honorarium of up to $15,000 to assist with the costs of transporting the Artwork to and from the site locations and to assist with the Exhibitor’s costs to install at the Napa Senior Center and attend reception. The Napa Art Program will provide no other financial assistance to Exhibitor for participation in the program.
5. COMPLIANCE WITH LAW. Exhibitor shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.
6. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Exhibitor shall immediately notify the City Risk Manager’s office by telephone at (707) 257-9323, and Exhibitor shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Exhibitor's insurance company, and (d) a detailed description of the damage and whether any City property was involved.
7. INDEMNIFICATION. To the fullest extent permitted by law, Exhibitor shall indemnify, hold harmless, release and defend the City (including its elected and appointed officials, officers, agents, volunteers and employees) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Exhibitor’s acts or omissions under this Agreement, including the installation, exhibition, and use of the Artwork (with the exception of the sole negligence or willful misconduct of the City). Exhibitor’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Exhibitor.
8. OWNERSHIP RIGHTS TO ARTWORK/COPYRIGHTS
A. The Exhibitor shall retain all copyrights in and to any Artwork exhibited under this Agreement, provided that Exhibitor hereby grants to City an irrevocable license to graphically depict the Artwork for any non-commercial purpose whatsoever. For the purposes of this limitation, the graphic depiction of the Artwork(s) on materials designed to promote the City shall be deemed to be a non-commercial use. City shall not be responsible for any third party infringement of Exhibitor’s copyright.
B. Exhibitor agrees to comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State of California and the United States. Exhibitor hereby represents and warrants that the Artwork does not, and Exhibitor has not and will not, utilize any protected patent, trademark or copyright in performance under this Agreement unless and until Exhibitor has obtained proper permission and all releases and other necessary documents. If Exhibitor specifies any material, equipment, process or procedure which is protected, Exhibitor shall disclose such patents, trademarks and copyrights in the exhibition inventory attached hereto as Exhibit B.
C. Without limiting any of the provisions of Section 7 of this Agreement, “Indemnification,” Exhibitor agrees to release, indemnify, defend and save harmless City, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind resulting from the performance under this Agreement which infringes upon any patent, trademark or copyright or other right protected by law.
9. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party, and the termination shall be effective on the date set forth in the notice.
10. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be personally delivered or mailed to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by the person identified below, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below.
