CM-13-05-067ROUND ROCK, TEXAS
NPPOS MNpl PROSPFRRY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Exhibit Agreement for Art in Public Spaces with
Bob Coffee.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2013
Dept Director: Scot Wilkinson, Arts Director
Cost: $250.00
Indexes: General Fund
Attachments: Bob Coffee.pdf
Text of Legislative File CM -13-05-067
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 Bob Coffee for the exhibition of a 5 foot long bronze statue valued at $9,000.
Staff recommends approval.
City of Round Rock Page 1 Printed on 5/18/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Administration
Project Mgr/Resource: Sara white
[]Council Action:
ORDINANCE
Agenda Wording
Project Name: Exhibit Agreement For Art In Public Places
ContractorNendor: Bob Coffee
RESOLUTION
City Manager Approval
CMA Wording
Consider executing Exhibit Agreement For Ari In Public Places with Bob Coffee.
Attorney pproval
Attorney
Notes/Comments
Date ,11()
O:\wdox\SCCInts10112\1300\MISC\00274786.XLS Updated 6/3/08
Cr nr. OF ROUND ROCK Vki i
EXHIBIT AGREEMENT FOR ART IN PURLIC PLACES VI g 1 8
This EAibit Agreement is for display of artwork (including statuary) fitt City- oWned property; and
Rock, Texas and the personlorganintion listed on the signature pulte of this AVteMent, referred to herein a the 'Artist."
A. AGREEMENT TO LEND / DISMAY T.
,
Artist agrees to lend the artwork described andior pictured in attached Exhibit "A,." for display on City property according to the turns
otitis Agement City agrees to display the privately-owatd artwork On its property,
it ARTIST'S ACKNOWLEDGMENTS
Artist acknowledges that:
1. Pirtilically-displayed art is Stkbitet 1[0 deterioration and act; of varafidism, agrees that City will not be responsible for same,
and certifies that the artwork is in Condition to withstand the orttMary strains Of OutdOOr Ant; dis:play.
2. City will give. the artwork t comparable Standard of eare as it gives othil- personal property ov,nied by the City, but Artist
agrees that City will not inure the artwork 4gile it is displayed:
3. At the time cif installation, a "Condition Report' veil' be completed by City and Artist with will accurately document the
condttion of the artwork as it arrived on site. Any notireithle dantaae to the artwork that is incurred while on display will be reported
by City to Artist within five business days of discovery.
4. City ims the right to request that Artist wheny damaged pice4.-, of oftWOrk prOinptly. Any USSOCiated COStS Will be the
responsibility of Aril* Any xestOration andior repair of the tWork Will be itt City's discretioii, but will not be dose without written.
permission from Artist.
C. TRANSPORTATION AN D INSTALLATION
1. Artist will be responsibleitOr tr4r1S-pOrtAtio' of the artwork. to and non) the property for display, and flu.inst. *illation and
removal of the artwork: All cots will be the revonsibility of Artist, Artist agrees to rWore City's property to its condition prig to
display of the artwork.
2. Artist wilt be responsible for installing the artwork to the ictfeaion of Chy. ke the event Artist's installation is
unsatisfactory to City, Ardst will be TapOliglik for promptly re -installing Or removing the artwork taxi bearing any costs_
D. .PAYMENT
The parties agree that City will have norespon-sibility for payment for the artwork, although City or its nem plans to pay an
tiOnOraritrin airrOont of S250 per artwork.
E. TERMINATION
Artist agates 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
artwo4k„ along with all structures related to its displa:y, Ater making reasottable eflOrts, it -City is unable to have. the artwork removed
within sixty days after texinittation date, City will have the right to narrow, place in storage, and ettarge any costs such as
transportation , storage, and insurance, and to place and mforce tie for all owns.
RETURN OP ARTWORK
1. Upon id= of the tirtwort, City will issue final "Condition Report and Return of Art Receipt" to be signed by Artist prior
to or at the date of removal. T% will be proof of return in aceeptabk 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 fmal roport will be deemed acceptable to Mist, and any
suirsequent claim rade witil trot be valid
2. After the sixty-day period referen4x4 in Section E, if Artist has not paid all changes and ranoyed the artwork Artist agrees
that ownership ofthe artworh will immediately pass to City without any further requirement of payment or abandon:tient proceedings.
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3. If the artwork is at any tinte voluntarily offered as a gilt to City, and if City act et the gil(, Mitt. will CIecute a valid Deed
of Gift to City (prepared and paid for hy City) At the time the l)eed of OW i reomded, this Agreement will terminate.
G. COPYRIGHT; REPRODUCTION RIGHTS
For the artwork. Artist expressly reserves every right availitbk in Artist under the Federal Copyright Act.
2. Except as mentioned in this Section G, City will not make any r,•01F.Iftlettigi use of the design or the artwork without Artist's
written constatt.
3. Mtn grants City an unrestricted license to use photographic reproductions of (the artwork in advertising b-roctaires, media
publicity, promotion of City activities, catalogu&s-, site guides, books, and pahlicAtiOn tot noncommt puiposts. The parties will
use- best efforts to secure credits listing Artist as the creator of the artwork and owner of its copyt lett,
H. RELEASE AND LNDEMNIIIICATION
Artist (and ail heirs, ITIXTeasora and assigns) releases City, it officers and anployees, from all liabilities, claims, and obligations
whatsoever arising from or under this Agreement. Artjg indemnifies and holds City harmless from all losses, darns^ claim o
judgments on account of any snit, judgmecution cIairn acti or demand whatsoever arisi% !kin Ati erformance wider this
Am -talent
K, VENUE
The laws of the State of Texas will gcrvern this Agreement, and any adiari or suit will he hrouffit in Williamsrai Coady.
This Agreement has been signed on the dates shown below.
ARI1ST:
By:
ThkAVV1T 2ME; VI kik
* 10
hinted Name; 15;;Al
Date, Signe&
1
ACCEPTED BY IC.TTY OF ROUND ROCK:
-
zka
1.3
EXHIBIT A
Sded Exhibited Artwarks
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 indivi imil 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 or 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 there for.
Exhibit Infarmatian
Brief description of artw
List of individual pieces in exhibit, and value of each:
sPoi, -1-145--4,14"
Exhibit dates:
Ir!
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Exhibitor's Printed Name:
Exhibitor's Signature:
Date Signed: .7,4 c
150 b Cff-t4
00?
Round Rock Area Arts Council Authorized Representative (Printed Nam
RRAAC Representative's Signature:
Date Signed: AV2M 3