CM-2014-573 - 10/24/2014City of Round Rock
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,ExAs Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Exhibit Agreement for Art in Public Places with
the artist Michael Epps for "No Ryme or Reason."
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/24/2014
Dept Director: Will Hampton, Communications Director
Cost: $300.00
Indexes: General Fund
Attachments: Michael_Epps.pdf
Department: Administration
Text of Legislative File CM -2014-573
Ch,.f%—d Rock Pape 1 PmW on 1"9 14
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Administration Project Name: E_xbiba Agreement for Art in Public Places
Project Mgr1Re80urce: scot Wilkinson
QCity Manager Approval
ContractorNendor: Michael EDPs
CMA Wording
Consider authorizing an Exhibit Agreement for Art in Public Places with the artist Michael Epps for"No Ryme or Reason".
Approval
X�Employee EE Bowden Date October 21, 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 an 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 arrived 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
t. 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 ail 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.
C k1-2-014 — 513
F. RETURN OF ARTWORK
I. 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: D -AI C k�4a(M5
Printed Name: /'L.�L l_
Title: e� �a .2T ren— pt-3dlJ
Date Signed: r"1 jL _ i , 20 I -t
I:CKN 1911 al Il WK411 I Ird rely .11110111 FC1117 CI
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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:
"o4Al c C
List of individual pieces in exhibit, and value of each: r t
Condition of artwork at the time of installation: »
Exhibit dates:
Exhibitor's Printed Name: M I e—"Pre L— m�,C�05
Exhibitor's Sign
Date Signed:
City of Round Rock Arts Authorized Representative (Printed Name): Joof S. w 111S,,kUN
City of Round Rock Representative's Signature:—Ap I
8Ig /
Date Signed: 10 /1�
Art Sculptures
Round Rock
1. Michael Epps
a.
21032 Dawn Drive, Lago Vista, Texas 79645
b.
michaelepps47@yahoo.com
c.
512.267.1617, 512.970.0642
d.
$300
e.
Mosaics, "No Ryme or Reason"
f.
Sell Price/Value: $4500
g.
Installation: 10/8/2014