The Kingsville Main Street Advisory Board seeks sculptures to be placed in the city of Kingsville, Texas as part of Kingsville Main Street Community Art. We will be selecting approximately seven sculptures with a $1,000 Honorarium for each selected work. The work will be located in the historic downtown area along or near E. Kleberg Ave.
Points to make note of:
Artist responsibility
Artwork must be insured by the Artist for the duration of the exhibit.
The Artist or representative is required to deliver their artwork andmust be present for the installation scheduled on Friday, November 20, 2020, at 8:00 a.m. The artwork will be on display for twelve (12) months from the date of installation.
Attend an art reception/event to highlight the sculpture and artist.
Complete and sign the Voluntary Artist Agreement with the City of Kingsville.
Provide instructions for maintenance of the art work.
Provide information for website, brochure and other promotional materials.
Maintain up to date contact information with the City for correspondence.
Site and Safety
Public Safety: Works of art shall not create inordinate safety problems or liability problems for the general public.
The footprint of the sculpture must be smaller than the pad or secure mounting area of 5’x5’ provided by the City with a maximum height of 15’.
The sculpture must be able to be securely anchored to the concrete pad with bolts provided by the artist.
Any projections beyond the perimeter of the pad must occur at a minimum of 7’ above the ground.
Sculptures must be structurally safe for display in public and must not have the potential to cause injury. All components must be securely fastened.
Sculptures must arrive in the same condition as portrayed in the photographs. The Jurors and or City reserves the right to refuse a sculpture upon arrival if it does not match the photographs submitted.
Sculpture shall have structural and surface soundness, be resistant to theft, vandalism, and weathering, and require minimal maintenance. (This is an outdoor public art exhibit).
The artist agrees thatKingsville Main Street Community Artwill handle all sales and retain a 20% commission for any artwork purchased during the exhibit period.
Selection Criteria/Committee
Sculptures will be selected on the basis of their artistic merit, artistic context, maintainability and suitability for public display.
We will be giving preference to regional themes and kid-friendly works of art.
This Loan Agreement ("Agreement") is made by and between The City of Kingsville ("City") and «First_Name» «Last_Name» ("the Artist") (collectively referred to as the "Parties") regarding the loan of «Sculpture_Name» (“the Work”). The Work will be exhibited at «Sculpture_Site», «Site_Address», (“the Site”) from November 20, 2020 through November 12, 2021.
The terms and conditions of this Agreement wholly incorporate the Sculpture on Main Application completed by the Artist. Such Application serves as the basis for the Parties executing this Agreement. The Artist shall provide the sculpture identified in the Application; no substitution will be permitted without the express written consent of the Downtown Manager.
WHEREAS, the Artist was selected by the City to install and exhibit a sculpture;
WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be installed and exhibited.
NOW THEREFORE, the Parties agree as follows:
1. Policy
The City's Public Art Program presents an annual exhibition to showcase public art and serves to build the City’s public art collection, increase cultural tourism and to encourage public dialogue, understanding and enjoyment of visual art. The City respects freedom of expression in visual art.
2. Exhibition Location and Limitations
The Work shall be exhibited in an outdoor setting. The City reserves the right to remove and/or relocate the Work during the term of this Agreement at its sole discretion and expense. Should the Work be moved pursuant to this Section 2, an addendum with the new location will be added to this Agreement. The Artist understands and agrees that the Work displayed in these public areas shall be appropriate to a family-oriented, outdoor public setting and for viewing by City citizens and visitors alike.
The City of Kingsville shall have sole discretion over the placement of the Work. Artist agrees that the Work will be part of the Exhibit during the term of this Agreement.
3. Stipend
City and Artist agree that the stipend amount of ONE THOUSAND ($1,000) shall be full compensation to the Artist for the loan of the Work. Such stipend shall be payable to the Artist in two parts:
a. FIVE HUNDRED DOLLARS ($500) shall be paid to the Artist within ten (10) business days of City's acceptance of the installation of the Work.
b. FIVE HUNDRED DOLLARS ($500) shall be paid to the Artist within ten (10) business days of Artist's de-installation of the Work.
The City is under no obligation to accept the Work or pay the Artist if such Work is not the Work submitted in the Artist’s application or is not represented as submitted in the Artist application. Such acceptance by the City shall not be unreasonably withheld. The City is a tax exempt organization and no state or local sales tax shall be due to the Artist for the loan of the Work. Upon request, the City shall supply the Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate". The City shall be responsible for any permit fees that may be required for the exhibition of the Work.
4. Term
The Exhibition shall run from November 20, 2020 through November 12, 2021. The Work shall be installed not later than November 21, 2019 and de-installed not later than November 13, 2021. The Artist and the City shall agree, in writing, to the dates of installation and de-installation.
5. Title
Title to the Work shall remain with the Artist at all times before, during and after the Exhibition unless sold to the City at the conclusion of the Exhibition as set forth herein and pursuant to written agreement executed by both Parties.
6. Condition, Care and Preservation of the Work
The Work shall be exhibited in an outdoor setting. The Artist acknowledges that the Work is suitable for display in an outdoor environment. The Artist has the authority to loan the Work to the City pursuant to the terms and conditions outlined herein. The City agrees to provide the Work the same level of care that it would give to Work of a similar nature that is owned by the City. The City agrees to promptly report any evidence of damage to the Work as soon as practicable. The City may not alter, restore, or repair the Work without the written approval of the Artist. Prior to installation of the Work, the Artist shall provide City written instructions for appropriate maintenance and preservation of the Work and City shall adhere to such written instructions during the term of this Agreement.
7. Transportation and Installation
The Work shall be installed not later than November 20, 2020 and de-installed not later than November 13, 2021. The Artist and the City shall agree, in writing, to the dates of installation and de-installation. The Work shall be delivered to the City at the Site and installed on the Site free on board (F.O.B.). The Artist shall be responsible for installation of the Work at the Site, including without limitation, supervising the work of any subcontractors and coordinating the inspection of the installation of Work with the City. The Work will not be formally accepted until City issues an Acceptance Notice approving the Work installation at the Site. If City determines that all or any portion of the Work is not in compliance with the Work delineated in Exhibit A, City shall notify Artist of the same and Artist shall promptly cure such defect to the reasonable satisfaction of City. The City shall withhold the first stipend payment delineated in section 3(a) until such defects have been cured. The terms and conditions of this Agreement shall commence upon issuance of the Acceptance Notice by the City to the Artist. The risk of loss or damage to the Work shall be borne by the Artist prior to the Acceptance Notice issued by the City.
8. Insurance
With the execution of this Agreement, Artist shall furnish a completed Certificate(s) of Insurance to the City, which shall cover the Work performed prior to the issuance of the Acceptance Notice by the City; including, but not limited to, the installation process. The insurance shall be Broad form Commercial General Liability Insurance to include coverage for the following: (1) Premises/Operations; (2) Independent Contractors; (3) Products/Completed Operations; (4) Personal Injury; and (5) Damage to property (including the Site). The coverage shall have a minimum liability limit of not less than $500,000 per occurrence. The City of Kingsville shall be named as an additional insured on the policy. A Waiver of Subrogation is also required. A 30-day written notice of cancellation required on all certificates for by applicable policy endorsement. Policy shall remain in effect from November 20, 2020 thru November 13, 2021.
9. De-Installation
The Work shall be removed as of the date set forth in Section 4 of this Agreement. The Artist shall be responsible for the de-installation of the Work at the Site, including without limitation, supervising the work of any subcontractors and coordinating the inspection of the de-installation of Work with the City. The Site must be returned to the condition it was in prior to the installation of the Work, normal wear and tear excepted. If City determines that the Site is not returned to its original condition, the City shall notify Artist of the same and Artist shall promptly cure such defect to the reasonable satisfaction of City. The City may withhold the second stipend payment delineated in section 3(b) until such defect has been cured. If such defect is not cured by Artist within ten (10) days of notice of such defect, City may use such stipend payment to cure defect and will bill Artist for any remaining amount due.
Prior to de-installation of the Work to the City under this Agreement, Artist shall furnish a completed Certificate(s) of Insurance to the City, which shall cover the Work during the de-installation process. The insurance shall be Broad form Commercial General Liability Insurance to include coverage for the following: (1) Premises/Operations; (2) Independent Contractors; (3) Products/Completed Operations; (4) Personal Injury; and (5) Damage to property (including the Site). The coverage shall have a minimum liability limit of not less than $500,000 per occurrence. The City of Kingsville shall be named as an additional insured on the policy. A Waiver of Subrogation is also required.
10. Publicity and Photography
The Artist understands that the Work will be displayed outdoors and is for the use and enjoyment of Kingsville citizens and visitors. As such, the Work is suitable for outdoor environments. Additionally, the Work may be photographed and such photographs may be reproduced for any public or private purpose. The Artist specifically agrees that the City may photograph and reproduce images of the Work for any and all publicity purposes. The City agrees to include the Artist's name in connection with such reproduction controlled by the City. The Artist understands that, since the Work is in an uncontrolled environment, the Work may be photographed and used by any third party not under the City’s control or direction. The City has no liability for such third party use. The terms of this Section survive expiration of this Agreement.
11. Sales
The Work on display may be for sale by the Artist provided that any Work remain on display during the term of this Agreement. The Artist is responsible for all aspects of a sale transaction of Work on display. Information on how to contact the Artist may be included in promotional materials for the Work at the sole expense of the Artist. The Downtown Manager must approve any supplementary sales material and the location/display of the material. The City will receive a commission of twenty percent (20%) for the sale of the Work through the Exhibition. The City has the right of first refusal on the purchase of the Work during the Term of this Agreement.
12. Artist Warranties
a. Artist has not previously sold, assigned, licensed, granted, encumbered, or utilized the Work in any manner which may affect or impair the rights granted pursuant to this Agreement;
b. The Work is solely the result of the artistic effort of the Artist;
c. The Work does not infringe upon or violate any rights of others;
d. The Work is free and clear of any and all liens;
e. The Work is free of defects in material and workmanship, including any Inherent Vice that may accelerate deterioration of the Work;
f. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;
g. Artist warrants that the Work will not constitute any threat to the safety of persons or property when used in the manner for which it is designed; and
h. The Work is suitable for an outdoor environment and the City will not be responsible for deterioration as a result of the outdoor environment.
The warranties above are an essential term of this Agreement. The City shall provide prompt written notice of any observed breach of the above warranties. Within ten (10) business days of such written notice, the Artist shall cure such breach. Failure to cure will result in breach of this Agreement and will require immediate removal of such Work by the City at the Artist's cost and expense. Should such breach occur, the Artist shall have thirty (30) days to reimburse the City the stipend paid and the costs of the de-installation. City has the right to retain the Work until such amount is reimbursed. The Artist’s failure to reimburse the City such amounts within the timeframe set forth in this section will result in the City obtaining title to the Work to satisfy the amounts due and owing.
13. Reproduction Rights
The Artist retains all reproduction rights under the Copyright Act of 1976 (17 U.S.C. s. 101, et. seq) and all other rights in and to the Work except as such rights are limited by this Section 5. The Artist grants to the City and its assigns an irrevocable license to make two dimensional reproductions of the Work for any municipal purpose; including, but not limited to, advertising, brochures, stationary, media publicity, and catalogues or other similar publications. Any and all reproductions by the City will contain a credit to the Artist and a copyright notice in substantially the following form: “Artist's name, year of Exhibition".
14. Artist's Waiver of Moral Rights
Artist expressly consents to both the installation and the removal of the Work and expressly waives his/her Moral Rights, as defined in the Visual Rights Act 17 U.S.C. 106(A), to the Work. Further Artist understands that the incorporation and installation of the Work into a City facility may subject the Work to destruction, distortion, mutilation, or other modification if and when removed. It is agreed that if the Work, or any portion thereof, is removed causing such destruction, distortion, mutilation or modification in any significant way, the Work may no longer be referred to as "an Artwork by the Artist."
15. Artist's Rights
a. Identification. The City shall, at its expense and in consultation with the Artist, prepare and install at the Site, a plaque identifying the Artist, Title of the Work, and any other relevant information.
b. Maintenance. The City shall reasonably assure that the Work is properly maintained in accordance with the written instructions provided by the Artist during the Application process and as outlined in Exhibit A.
c. Repair and Restoration. If the Work is damaged during the Exhibit, the Artist agrees that the City may repair or restore the Work if such repair or restoration may be performed in accordance with the written maintenance instructions provided by the Artist pursuant to this Agreement. If such damage cannot be repaired or restored pursuant to the written maintenance instructions provided by the Artist, the Artist will be notified. The Artist and City will work collaboratively in the repair and/or restoration of the Work but the City is not responsible for the repair or restoration of the Work outside of the maintenance instructions provided by the Artist. The City will assist the Artist in making a claim for the damage on the insurance. When emergency repairs are necessary in order to ensure safety of Exhibit patrons and/or to prevent the further loss of or damage to the Work, the City may remove the Work from the Site, at the City’s cost and expense, until such repairs and / or restoration is made by Artist. The City agrees that it will not willfully alter, damage or destroy the Work. In the event that the Work is altered, destroyed and / or damaged, the City shall no longer represent the Work as that of the Artist if the Artist gives written notice to the City that it is the Artist's position to deny authorship.
The covenants contained in this Section shall not survive the death or legal incapacity of the Artist.
SIGNED this ___ day of __________, 2020.
LENDER
Released and Accepted By:
«First_Name» «Last_Name» / Signature
CITY OF Kingsville
Accepted By:
Mark McLaughlin, City Manager/ Signature
