CM-2014-547 - 9/29/2014City of Round Rock
ROUND—K
reins Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Exhibit Agreement for Art in Public Places with
Dan Pogue.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/26/2014
Dept Director: Will Hampton, Communications Director
Cost: $300.00
Indexes: General Fund
Attachments: CMAF Art in Public Dan Pogue.pdf, doc02C23120140922121017.pdf
Department: Administration
Text of Legislative File CM -2014-547
CWo/RounJRoch Pepe1 Pante on L2WW14
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Administration Project Name: Exhibit Agreement for An in Public Places
Project Mgr/Resource: Soot Wilkinson ContractorNendor:
Fxj City Manager Approval
CMA Wording
Consider authorizing an Exhibit Agreement for Art in Public Places wth Dan Pogue.
Approval
XXEmployee EE Bowden 6--:�Fate September 22, 2014
CITY OF ROUND ROCK
EXHIBIT AGREEMENT FOR ART IN PUBLIC PLACES
This Exhibit Agreement is for display of artwork (including statuary) on City -owned property, and is between the City
of Round Rock, Texas and the person/organization listed on the signature page of this Agreement, referred to herein
as the "Artist"
A. AGREEMENT TO LEND / DISPLAY
Artists agrees to lend the artwork described and/or pictured in attached Exhibit "A" for display on City property to the
terms of this Agreement, City agrees to display the privately -owned artwork on its property.
B. ARTIST'S ACKNOWLEDGEMENTS
Artist acknowledges that:
I. Publically-displayed art is subject to deterioration, agrees that City will not be responsible for such deterioration,
and certifies that the artwork is in condition to withstand the ordinary strains of outdoor public display.
2. At the time of installation, a "Condition Report' will be completed by City and Artist which will accurately
document the condition of the artwork as it artived on site. Any noticeable damage to the artwork that is incurred
while on display will be reported by City to Artist within five business days of discovery
3. Artist shall remain the owner of the artwork while it is on display, however, City agrees to insure the artwork for
events such as theft, vandalism, or damage resulting from a car accident, while it is displayed on City property. The
type and amount of insurance coverage shall be in the sole discretion of the City.
4. City has the right to request that Artist remove any damaged piece of artwork promptly. Any associated costs
will be the responsibility of Artist. Any restoration and/or repair of the artwork will be at City's discretion, but will
not be done without written permission from Artist.
C. TRANSPORTATIONN AND INSTALLATION
I. Artists will be responsible for transportation of the artwork to and from the property for display, and for
installation and removal of the artwork. All costs will be the responsibility of Artist. Artist agrees to restore City's
property to its condition prior to display of the artwork.
2. Artist will be responsible for installing the artwork to the specifications of City. In the event Artist's installation
is unsatisfactory to City, Artist will be responsible for promptly re -installing or removing the artwork and bearing any
costs.
D. PAYMENT
The parties agree that City will have no responsibility for payment for the artwork, although City or its agent plans to
pay an honorarium amount of $300 per artwork.
E. TERMINATION
Artist agrees that the artwork will remain on its installation site for the time specified by City, but that City may at any
time direct Artist to remove the artwork. In that event, this Agreement will terminate. Upon termination, Artist will
promptly remove the artwork, along with all structures related to its display. After making reasonable efforts, if City
is unable to have the artwork removed within sixty days after termination date, City will have the right to remove,
place in storage, and charge any costs such as transportation, storage, and insurance, and to place and enforce liens for
all costs.
cu- Q614 - 6J17
F. RETURN OF ARTWORK
1. Upon return of artwork, City will issue a final "Condition Report and Return of Art Receipt' to be signed by
Artists prior to or at the time of removal. This will be proof of return in acceptable condition. If Artist fails to collect
the artwork or sign the final report within fifteen days, the condition of the artwork as noted on the final report will be
deemed acceptable to Artist, and any subsequent claims made will not be valid.
2. After the sixty-day period referenced in Section E, if Artist has not paid all charged and removed the artwork
Artist agrees that ownership of the artwork will immediately pass to City without further requirement of payment or
abandonment proceedings.
3. If the artwork is at any time voluntarily offered as a gift to the City, and if City accepts the gift, Artist will
executive a valid Deed of Gift to City (prepared and paid for by City). At the time the Deed of Gift is recorded, this
agreement will terminate.
G. COPYRIGHT; REPRODUCTION RIGHTS
1. For the artwork, Artist expressly reserves every right available to Artist under the Federal Copyright Act.
2. Except as mentioned in this Section G, City will not make any commercial use of the design of the artwork
without Artist's written consent.
3. Artists grants City an unrestricted license to use photographic reproductions of the artwork in advertising
brochures, media publicity, promotion of City activities, catalogues, site guides, books, and publications for
noncommercial purposes. The parties will use best efforts to secure credits listing Artist as the creator of the artwork
and owner of its copyright.
H. RELEASE AND INDEMNIFICATION
Artist (and all heirs, successors and assigns) releases City, its officers and employees, from all liabilities, claims,
obligations whatsoever arising from under this Agreement. Artists indemnifies and holds City harmless from all
losses, damages, claims or judgments on account of any suit, judgment, execution, claim, action, or demand
whatsoever arising from Artist's performance under this Agreement.
K. VENUE
The laws of the State of Texas will govern this Agreement, and any action or suit will be brought in Williamson
County.
This agreement has been signed on the dates shown below.
ARTIST:
By: :: Dl �—
Printed Name:
Title: —:r C L( L�!!Tn /Z
Date Signed: —7 _ // — / L,1
ACCEPTED BY CITY OF ROUND ROCK
EXHIBIT A
Sale of Exhibited Artworks
Although the City of Round Rock does allow artists to provide information concerning the prices of exhibited artwork,
every aspect of such sale is between the artist and the individual buyer. The City of Round Rock will have no role
whatsoever, and will not be responsible for the promotion of sales of an individual artist's work or for any other aspect.
The delivery or third party shipping of sold works will be the sole responsibility of the artist.
A twenty percent (20%) sales commission is due from the artist to the City of Round Rock on any piece of artwork sold as
a result of exhibition with the City of Round Rock. The artistlorganization shall tender to the Round Rock Area Arts
Council such sales commission, that being twenty percent (20%) of the total sales price of the artwork sold during the
exhibition, and said sales commission is to be paid in full no later than ten (10) days after the date of sale.
No artwork may be removed from the exhibition until the ending date of the exhibition, regardless of whether it has been
sold during an exhibition or before installation. It is the responsibility of the artist to notify the City of Round Rock in
writing if a third party is to pick up artwork at the conclusion of the exhibition. Individuals or organizations engaging in
the sale of artwork while on display at the City of Round Rock are required to collect and remit sales tax to the State Tax
Comptroller, and the City of Round Rock shall have no responsibility therefor.
Exhibit Information
Brief description of artwork: 9
ROX44 LEE -
List of individual pieces in exhibit, and value of each: t
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Condition of artwork at the time of installation en� 4
Exhibit dates:
Exhibitor's Printed Name: 7Fi Al .Z7n ",1-zr
Exhibitor's Signature:
Date Signed: 7—//-/
City of Round Rock Arts Authorized Representative (Printed Name): C,,+ 5 .71k,,,?V
City of Round Rock Representative's Signature:
Date Signed:
SUPPLEMENT W-9 FORM Print Form
CITY OF ROUND ROCK, TEXAS
an 221 EAST MAIN STREET, ROUND ROCK, TEXAS 75664
Pursuant to Internal Revenue Service Regulations, we ask that you furnish the City of Round Rock with your Taxpayer Number (TM). If this
number is not provided, IRS regulations require us to subject you to a 28% withholding on each payment. To avoid this withholding and to
ensure that accurate tax information is reported to the Internal Revenue Service, we would appreciate your cooperation in providing us with
the information requested below. Please contact the City of Round Rock Purchasing Division at (512) 671-2861 if you have any questions or
problems with this request. Thank you for your assistance in this matter.
INDIVIDUAL: List name as shown on your social security card and your social security number.
List owner's legal name, followed by the legal business name and list the owner's social security number.
ALL OTHERS: List the legal name of your corporation, partnership, organization or other legal entity and list your Employer Identification
Number,
LEGAL BUSINESS NAME: �Q 6-u 6 -
Mailing Address: Remit Address: ❑ Check if mailing and remit address are thesame
Address 7G�Ol�J
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Address
City AAmte � Zip Code %6�6 City State Zip Code
Business email:
Website address:
BUSINESS ENTITY (please check only one):
❑ Estate/Trust rgCorporation ❑ Public Service Corporation ❑ GovemmentaFNon-profit
❑ Individual ❑ Partnership ❑ Sole Proprietorship ❑ Other
❑ Limited Liability Company (select tax classification below):
❑ D=disregarded entity/sole proprietorship ❑ C -corporation ❑ P=partnership
ENTER THE NINE (9) DIGIT TAXPAYER INDENTIFICATION (TIN) BELOW:
Social Security Number: , / /// _ /
Federal Employer Identification Number: 20 8 Z 3
UNDER PENALTIES OF PERJURY, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, I DECLARE THAT THIS FORM HAS
BEEN COMPLETED FULLY AND ACCURATELY.
Contact Name: Toa f DK -a Title: .Sir iAC rt�;EJ0/7&*
Phone Number: d�15 99 7 — 9 s Fax Number: S W�
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Email address: ryl �p4L! e
SIGNATURE:
THIS
AREA TO BE
COMPLETED
BY CITY
OF ROUND ROCK FINANCE
DEPARTMENT:
❑
NEW
❑
UPDATED
Assigned Vendor q:
Assigned By:
❑
W9 SENT
❑
RECEIVED
Date:
Approved By:
Form
W'9
Request for Taxpayer
Give Form to the
(Rev. pepember:°",Identification
Number and Certification
requester. Do not
pepenmeN
of me treasury
considered a U.S. person if you are:
send to the IRS.
Internal
Revenue Service
entities, it is your employer identification number (EIN), If you do not have a number, see How to get s
example, income paid to you. real estate transactions, mortgage interest
organized in the United States or under the laws of the United States,
Name his shown on your income tax return)
. M estate (other than a foreign estate), or
TIN on page 3.
' A domestic trust (as defined in Regulations section 301.]]01-T).
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
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Business name/tlise9ametl entry name, If different from above
number to enter.
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1. Certify that the TIN you are giving is correct for you are waiting for a
(—F—F—T--T—T—T—1
number to be issued),
partnership is required to presume that a partner is a foreign person,
2. Certify that you are not subject to backup withholding, or
and pay the withholding tax. Therefore, if you are a U.S. person that is a
Check appropriate box for lederal tax classification:
partner in a partnership conducting a trade or business in the United
payee, If applicable, you are also codifying that as a U.S. person, your
p
El individual proprietor C Corporation E]S Corporation ❑ Partnership Q TrusVestate
status and avoid withholding on your share of partnership income,
is not subject to the withholding tax on foreign partners' share of
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Address (number, sheet, and apt. or suite no.)
Re9ueRer's name and address (optional)
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List account numbers)here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the 'Name" line
I social security number
I
to avoid backup withholding. For individuals, this is your social security number (SEN). However, tura
Section references are to the Internal Revenue Code unless otherwise
to this Form W-9.
noted.
Definition of a U.S. person. For federal tax purposes, you are
resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other
considered a U.S. person if you are:
A person who is required to file an information return with the IRS must
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entities, it is your employer identification number (EIN), If you do not have a number, see How to get s
example, income paid to you. real estate transactions, mortgage interest
organized in the United States or under the laws of the United States,
you paid, acquisition or abandonment of secured property, cancellation
. M estate (other than a foreign estate), or
TIN on page 3.
' A domestic trust (as defined in Regulations section 301.]]01-T).
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
Nola. If the account is in more than one name, see the chain on page 4 for guidelines on whose
Employer identification number
number to enter.
F—T7
tax on any foreign partnere share of income from such business.
1. Certify that the TIN you are giving is correct for you are waiting for a
(—F—F—T--T—T—T—1
number to be issued),
partnership is required to presume that a partner is a foreign person,
2. Certify that you are not subject to backup withholding, or
and pay the withholding tax. Therefore, if you are a U.S. person that is a
3. Claim exemption from backup withholding if you are a U.S. exempt
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
Her,
u.aperaon. i pare. f'
General Instructions
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise
to this Form W-9.
noted.
Definition of a U.S. person. For federal tax purposes, you are
Purpose of Form
considered a U.S. person if you are:
A person who is required to file an information return with the IRS must
• An individual who is a U.S. citizen or U.S. resident alien,
obtain your correct taxpayer identification number (TIN) to report, for
• A partnership, corporation, company, or association created or
example, income paid to you. real estate transactions, mortgage interest
organized in the United States or under the laws of the United States,
you paid, acquisition or abandonment of secured property, cancellation
. M estate (other than a foreign estate), or
of debt, or contributions you made to an IRA.
' A domestic trust (as defined in Regulations section 301.]]01-T).
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
Special rules for partnerships. partnerships that conduct a trade or
requester) and, when applicable, to:
business in the United States are generally required to pay a withholding
tax on any foreign partnere share of income from such business.
1. Certify that the TIN you are giving is correct for you are waiting for a
Further, in certain cases where a Form W-9 has net been received, a
number to be issued),
partnership is required to presume that a partner is a foreign person,
2. Certify that you are not subject to backup withholding, or
and pay the withholding tax. Therefore, if you are a U.S. person that is a
3. Claim exemption from backup withholding if you are a U.S. exempt
partner in a partnership conducting a trade or business in the United
payee, If applicable, you are also codifying that as a U.S. person, your
States, provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S. trade or business
status and avoid withholding on your share of partnership income,
is not subject to the withholding tax on foreign partners' share of
effectively connected income.
Cat. No
o231X Form W -A (Rev. 12-2011)