CM-13-05-065ROUND ROCK, TEXAS
PURPOSE S1ON PROSPFAITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Exhibit Agreement for Art in Public Spaces with
Sun McColgin.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/10/2013
Dept Director: Scot Wilkinson, Arts Director
Cost: $200.00
Indexes:
Attachments: Sun C McColgin.pdf
Text of Legislative File CM -13-05-065
This is an agreement for the art in public spaces program. The artist is responsible for the
transporation of the artwork to and from the property for display and for the installation (per the
specifications of the City) and removal of the artwork. The City will have no responsibility for
payment of the artwork but plans to pay an honorarium amount of $250 per artwork. The artwork
will be displayed from May 2013 - May 2014.
This agreement is with Sun McColgin for the exhibition of metal a 6 foot tall abstract steel structure
valued at $5000
Staff recommends approval.
City of Round Rock Page 1 Printed on 5/9/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Administration
Project Name: Exhibit Agreement For Art In Public Places
Project Mgr/Resource: Sara White
ContractorNendor: Sun C. McColgiw
Council Action:
ORDINANCE
Agenda Wording
I RESOLUTION
xx City Manager Approval
CMA Wording
Consider executing Exhibit Agreement For Art In Public Places with Sun C. McColgiw.
Attorney Approval
Attorney
Notes/Comments
Date
O:\wdoxiSCClnts\0112\1300\MISC\00274554.XLS Updated 6/3/08
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
Artist agrees to lend the artwork described and/or pictured in attached Exhibit "A," for display on City property according to the terms
of this Agreement. City agrees to display the privately -owned artwork on its property.
B. ARTIST'S ACKNOWLEDGMENTS
Artist acknowledges that:
1. Publically-displayed art is subject to deterioration and acts of vandalism, agrees that City will not be responsible for same,
and certifies that the artwork is in condition to withstand the ordinary strains of outdoor public display.
2. City will give the artwork a comparable standard of care as it gives other personal property owned by the City, but Artist
agrees that City will not insure the artwork while it is displayed.
3. 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.
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. TRANSPORTATION AND INSTALLATION
1. Artist 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 $250 per artwork.
E. TERMINATION
Artist agrees that the artwork will remain on its installation site for the tune 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.
F. RETURN OF ARTWORK
1. Upon return of the artwork, City will issue a final "Condition Report and Return of Art Receipt" to be signed by Artist 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 charges and removed the artwork Artist agrees
that ownership of the artwork will immediately pass to City without any further requirement of payment or abandonment proceedings.
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3. If the artwork is at any time voluntarily offered as a gift to City, and if City accepts the gift, Artist will execute 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. Artist 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, and obligations
whatsoever arising from or under this Agreement. Artist 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:
Printed))ame: 5v G_ AcCe (re)
Title: Pk Cnl X.
Date Signed: 141k.1 ab 9-o(
ACCEPTED BY CI _ Y OF ROUND OCK:
2
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 artist/organization 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. If an artwork is sold during an
exhibition or before installation an approved comparable artwork must be made available. 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 during °I -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:
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List of individual pieces in exhibit, and value of each:
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Exhibit dates:
Exhibitor's Printed Name: S Jr✓ G /l t SCJ 1 c1w
Exhibitor's Signature:
Date Signed: � N -j 0b Zo 3
Round Rock Area Arts Council Authorized Representa ve (Printed Name):
RRAAC Representative's Signature: VA
Date Signed:
s f 7 2013