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2011-02-22 SLAC PacketCity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL Tuesday, February 22, 2011 Location: Southlake Town Hall 1400 Main Street – 4A (fourth floor) Southlake, Texas Time: 6:00 p.m. Agenda: 1. Call to Order 2. Administrative Comments A. Update from APEX Arts League B. Update from Arts Council Northeast 3. Consent: A. Approval of the minutes from the December 14, 2010 Southlake Arts Council meeting 4. Public Forum 5. Consider: A. Recommendation on Revised Display of Public Arts Policy 6. Discussion: A. APEX report and update on Art in the Square display B. Art in the Square display partnering with CISD C. City Wide Arts Roundtable 7. Adjournment Southlake Arts Council Meeting Date – February 22, 2011 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on February 18, 2010 at 5:00 p.m. pursuant to Chapter 51 of the Texas Government Code. Alicia Richardson, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist M E M O R A N D U M February 17, 2011 TO: Southlake Arts Council FROM: Jim Blagg, Assistant City Manager SUBJECT: Agenda Item Comments for the regular Southlake Arts Council Meeting – Tuesday, February 22, 2011 at 6:00 p.m. Please note the meeting will begin at 6:00 p.m., in Town Hall – 4th Floor, Room 4A. A light dinner will be served about 5:45 p.m. If possible, could you please notify staff if you will not be able to attend the meeting at 817.748.8384 or kmcgeath@ci.southlake.tx.us? Thank you! 1. Agenda Item No. 2A – 2C. Administrative Comments: Reports --- Updates will be provided about the APEX Arts League and Arts Council Northeast. 2. Agenda Item No. 3A. Consent: Approval of the minutes from the December 14, 2010 Southlake Arts Council meeting – If you have corrections to the meeting minutes, please make it part of the motion for consideration. 3. Agenda Item No. 4. PUBLIC FORUM: This is the public's opportunity to address the Arts Council about non-agenda items. During this proceeding it is important that the council not deliberate (discuss among yourselves) or take action on any item brought up at this time. The Arts Councils' options during this topic are 1) to listen; 2) ask questions and respond to the presenter only; 3) request staff to l ook into the issue and report back to the Arts Council; and/or 4) request that the chair put the item on a future agenda for the Arts Council to discuss or consider. 4. Agenda Item No. 5A. Consider: Recommendation on Revised Display of Public Art Policy – The policy governs every aspect of placing and performing art in all city facilities. It requires the artist to obtain a permit for the display, as well as, signing an art exhibit agreement for the protection of the City from liability. The policy gover ns temporary displays, as well as, donated art and also speaks to the placement of purchased art. The original draft of the Policy was considered by City Council at their January 25, 2011 meeting where it was returned to the Arts Council for revisions. Your packet contains the latest revised documents for your review and recommendation. 5. Agenda Item No. 6A. Discussion: APEX Report on Art In The Square Display – Terri Messing will give a report for discussion regarding a plan to have art in Town Hall after Art In The Square. Southlake Arts Council Meeting Date – February 22, 2011 Page 2 of 2 6. Agenda Item No. 6B. Discussion: Art In The Square Display Partnering with CISD – Deputy Director McGeath will detail the options that are available so we can partner effectively with CISD. 7. Agenda Item No. 6C. Discussion: City W ide Arts Roundtable - Look at opportunities to have an inclusive roundtable for the arts in Southlake. We appreciate your commitment and service to the City. JB STAFF CONTACT INFORMATION: Telephone – (817) 748-8203 Facsimile – (817) 748-8027 400 North White Chapel Blvd., Southlake, Texas 76092-6242 Jim Blagg, Assistant City Manager, 817-748-8601, jblagg@ci.southlake.tx.us Kerry McGeath, Deputy Director of Community Services, 817-748-8384, kmcgeath@ci.southlake.tx.us Cynthia Pfledderer, Librarian, 817-748-8246, cpfledderer@ci.southlake.tx.us Nancy Roper, Administrative Secretary, 817-748-8249; nroper@ci.southlake.tx.us Linda Carpenter-Elgin, Administrative Secretary, 817-748-8184; lcarpenter@ci.southlake.tx.us UNOFFICIAL MEETING MINUTES NOT APPROVED BY MEMBERS OF THE SOUTHLAKE ARTS COUNCIL Southlake Arts Council Meeting Minutes – December 14, 2010 Page 1 of 4 SOUTHLAKE ARTS COUNCIL MEETING 1 Southlake Town Hall – 4A 2 1400 Main Street 3 Southlake, Texas 76092 4 5 December 14, 2010 6 M I N U T E S 7 8 9 Arts Council Members Present – Leslie Bartlett, Vice Chair; Jonathan Calvert, Chair; 10 Deborah Frazier; Merlene Ingraham; Carol Knox; Terri Messing; Leslie Ann Walker 11 12 Arts Council Members Absent – Karen Chidiac and Deborah Frazier 13 14 Staff Members Present – Jim Blagg, Assistant City Manager-Operations 15 16 Others Present – Cathy Hernandez, Arts Council Northeast; and Ken Mc Millan and 17 Lisa Watt, Southlake Community Band 18 19 REGULAR SESSION: 20 21 Agenda Item No. 1- Call to Order: 22 23 The meeting was called to order at 6:00 p.m. 24 25 REPORTS: 26 27 Agenda Item No. 2B - Administrative Comments – Update from Arts Council Northeast 28 29 Cathy Hernandez presented an overview about Arts Council Northeast services and 30 distributed a brochure on the 2011 MasterWorks concert series. In addition to the 31 concert programs, Arts Council Northeast also offers a grant program to Southlake arts 32 organizations and to individual artists. A free summer arts college is also offered which 33 provides breakfast and lunch to the participants as well as art classes. 34 35 Agenda Item No. 2A - Administrative Comments – Update from APEX Arts League 36 37 Terri Messing presented information about APEX concerts held monthly in Southlake at 38 the White’s Chapel United Methodist Church or at other convenient venues . The Fort 39 Worth Symphony Brass is scheduled to perform in December, the UNT Jazz band in 40 January and the “Three Redneck Tenors” in February. APEX supports local arts in the 41 area and has an educational component to their program and hopes to someday work 42 to establish a center for the arts in this area. 43 44 Agenda Item No. 2C - Administrative Comments – Update from the Southlake 45 Community Band 46 UNOFFICIAL MEETING MINUTES NOT APPROVED BY MEMBERS OF THE SOUTHLAKE ARTS COUNCIL Southlake Arts Council Meeting Minutes – December 14, 2010 Page 2 of 4 1 Ken McMillan and Lisa Watt, members of the Southlake Community Band, presented 2 background information about the Southlake Community Bands’ concert band (wind 3 symphony) and Swing Band. The Community Band has been in Southlake since 1992. 4 It is free, open to anyone to join and there are no auditions – everyone is welcome to 5 play. Two professional music educators direct the band. The Band’s objective is not just 6 to be a performance band, but a participation based, music appreciation and proficiency 7 development group – a community fine arts program. An educational component is also 8 offered through two children’s concerts annually. A brochure was distributed about 9 benefits the Southlake Community Band offers to Southlake citizens. Practice is held 10 Monday nights at Dawson Middle School. Members of the Arts Council were invited to 11 dust off their old instruments and join the group. 12 13 CONSENT AGENDA: 14 15 Agenda Item No. 3A - Approval of the minutes from the October 26, 2010 Southlake 16 Arts Council meeting. 17 18 A motion was made and seconded to approve the minutes. The motion was 19 unanimously approved. 20 21 REGULAR AGENDA: 22 23 Agenda Item No. 4 - Public Forum: 24 25 The Public Forum was opened and closed at 6:30 pm as there was no one to speak. 26 27 CONSIDER AGENDA: 28 29 Consider Agenda Item 5D, was moved up on the agenda for consideration out of the 30 regular order. 31 32 Agenda Item No. 5D. Consider: Recommendation on Artist Contracts for Roundabout 33 Art 34 35 Jim Blagg presented the artist contracts for the four roundabouts. He reviewed the 36 timeline from the initial Call to Artist to the present consideration of contracts with 37 sculpture artists Seth Vandable, Darrell Davis and Jane Dedecker. The 38 recommendation by the Southlake Arts Council will be considered at the January 18, 39 2011 City Council meeting. 40 41 Approximately $440,000 is budgeted in the roundabout construction projects for public 42 art. The four proposed pieces may be purchased for about $350,000, with the 43 remainder of funds to cover the cost of installation. 44 45 The contracts were discussed briefly by Southlake Arts Council. 46 UNOFFICIAL MEETING MINUTES NOT APPROVED BY MEMBERS OF THE SOUTHLAKE ARTS COUNCIL Southlake Arts Council Meeting Minutes – December 14, 2010 Page 3 of 4 A motion was made and seconded to recommend to City Council the approval of the 1 three artists’ contracts and concepts as presented for art in four roundabouts. The 2 motion was unanimously approved. 3 4 Southlake Arts Council further discussed the opportunities for future artwork. 5 6 Agenda Item No. 5A. Consider: Recommendation on 2011 Community Services 7 Agreement with APEX Arts League 8 9 The community services agreement with APEX Arts League provides funding of $8,000, 10 $5,000 for concerts, community programs, and art display and an additional $3,000 for 11 a back to school concert. The proposed Agreement contains performance 12 measurements and defined scope of services. Southlake Arts Council reviewed and 13 discussed the agreement. 14 15 A motion was made and seconded to recommend to City Council the approval of the 16 Community Services Agreement with APEX Arts League. The motion was unanimously 17 approved. 18 19 Agenda Item No. 5B. Consider: Recommendation on 2011 Community Services 20 Agreement with Arts Council Northeast 21 22 The community services agreement with Arts Council Northeast provides funding of 23 $22,000 to provide MasterWorks programs for the community. The Arts Council briefly 24 discussed the agreement. 25 26 A motion was made and seconded to recommend to City Council the approval of the 27 Community Services Agreement with Arts Council Northeast. The motion was 28 unanimously approved. 29 30 Agenda Item No. 5C. Consider: Recommendation on 2011 Community Services 31 Agreement with Southlake Community Band 32 33 The community services agreement with Southlake Community Band provides funding 34 of $7,000 for community musical programs. This item was briefly discussed. 35 36 A motion was made and seconded to recommend to City Council the approval of the 37 Community Services Agreement with Southlake Community Band. The motion was 38 unanimously approved. 39 40 Agenda Item No. 5E. Consider: Recommendation on Display of Public Arts Policy 41 42 The Display of Public Art Policy was considered by the Southlake Arts Council at their 43 last meeting where minor revisions were recommended to allow for extensions and 44 provisions to deal with artists selling art while on display. Those changes have bee n 45 UNOFFICIAL MEETING MINUTES NOT APPROVED BY MEMBERS OF THE SOUTHLAKE ARTS COUNCIL Southlake Arts Council Meeting Minutes – December 14, 2010 Page 4 of 4 incorporated into the proposed Policy. This item will be considered by City Council at 1 their January 25, 2011 meeting. 2 3 A motion was made and seconded to recommend to City Council the approval of the 4 Display of Public Arts Policy. The motion was unanimously approved. 5 6 Terri Messing left the meeting at this time. 7 8 DISCUSSION AGENDA: 9 10 Agenda Item No. 6A. Discussion: Display of CISD A rt in the Lobby in Town Hall in 11 January and February and Art Displays Related to Art In The Square 12 13 Panel displays of CISD student art work will be on display in the Town Hall lobby during 14 January and February. During Art In The Square, CISD art will be di splayed in the Town 15 Hall training rooms. The art work displays will be advertised to the community through 16 the City’s website and also through the CISD. The Southlake Arts Council will review 17 and make recommendations on future art displays. 18 19 Agenda Item No. 7 - Adjournment 20 21 This meeting was adjourned at 7:15 p.m. 22 23 24 25 26 Jon Calvert, Chair 27 28 Attest: 29 30 31 32 33 Kerry McGeath, Deputy Director of Community Services 34 35 A RECORDING OF THE MEETING IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY SECRETARY. 36 37 M E M O R A N D U M February 17, 2011 To: Southlake Arts Council From: Jim C. Blagg, Assistant City Manager/Director of Public Safety Subject: Recommendation on Revised Display of Public Arts Policy Action Requested: Southlake Arts Council recommendation on the revised policy for the display of art in public facilities. Background Information: In the last year the City has added a number of new facilities to its inventory. There has been a desire to ensure that the facilities were available to the public for its enjoyment and use. A Facilities Use Policy was adopted by the City Council earlier this year. Interest has been expressed by City Council members and citizens about the use of facilities to display art. The City has allowed use of facilities for art displays on a few occasions, mostly related to special events or CISD related events. It is apparent there are a number of art groups in the community who would like the opportunity to provide a range of art displays and performances in city facilities and these desires prompted the need to look at a comprehensive policy to accommodating these requests. A draft policy was reviewed by the Southlake Arts Council in October and then recommended for approval at the December 24, 2010 meeting. At the January 25, 2011 City Council meeting, Council reviewed the policy and returned it to the Southlake Arts Council for minor revisions. Those revisions related to extension of time for displays, how to deal with artists selling art while on display, fund raising events and limiting the space utilized for display – all of which have been addressed in the document included in your packet for consideration. The policy governs every aspect of placing and performing art in all city facilities. It requires the artist to obtain a permit for the display, as well as, signing an art exhibit agreement for the protection of the City from liability. The policy governs temporary displays, as well as, donated art and also speaks to the placement of purchased art. Financial Considerations: N/A Strategic Link: This policy is linked to the City Council Focus Areas of Quality Development and Partnerships and Volunteerism. The policy also addresses the corporate objectives of providing attractive and unique spaces for enjoyment of personal interests and providing opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: Southlake Arts Council recommended this policy to the City Council on December 14, 2010 on a vote of 6-0. City Council considered the policy at the January 25, 2011 meeting and returned it to committee for revisions. City Council will consider the policy at their March 29, 2011 meeting. Legal Review: The policy and exhibit agreement have been reviewed by the City Attorney Alternatives: Alternatives may include the following: Arts Council recommendation to approve proposed policy as presented Arts Council recommendation to approve proposed policy with input as desired Arts Council recommendation not to approve the proposed policy Supporting Documents: • Proposed revised Public Art Display Policy, including Art Exhibit Agreement and Performance Use Permit Recommendation: Southlake Arts Council recommendation to City Council to approve the proposed revised Public Art Display Policy Public Art Policy ______________________________________________ Policy: Display of art in public facilities or other city properties Source: City Council Effective Date: ______________________________________________ 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City’s core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places – Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 3.2 Artwork – Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. 3.3 Artist – A practitioner in the visual and/or performing arts generally recognized by critics and peers as a professional of serious intent and recognized ability that produces fine works of arts. 3.4 City – Shall mean the City of Southlake, Texas. 3.5 Deaccession – The removal, relocation, selling, auctioning, or trading of artworks owned by the City. 3.6 Donations (and Gifts) – Arts donated to the City from a private individual or institution and/or other outside sources. 3.7 Loan – Works of art provided to the City to display for a predetermined period of time and to be returned to the owner after the loan period has expired. 3.8 Southlake Arts Council - A board appointed by the City Council that makes recommendations to the City Council regarding the public arts program. 3.9 Permanent arts in public places - Any visual work of art displayed in City parks, rights of way, or the interior/exterior of any City facility. 3.10 Donor - An individual, private company, community group, or other organization who places artwork in City parks, rights of ways, the interior or exterior of any City facility and/or private facilities and/or properties. 3.11 Public Arts Collection – Consists of all City of Southlake owned or controlled fine works of art. 3.12 Art Exhibit Agreement – Agreement that will exist between the City of Southlake and artists who display temporary exhibits in city facilities or on city property. 3.13 Temporary arts in City facilities or property – Any visual or performing work of art in city facilities or property. 3.14 Facility Arts Display Performance Use Permit - Form is required to be filled out and processed by staff for Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. 4.0 Placement of temporary art exhibits or performances at public facilities or other city property: 4.1 Planned Visual Art Exhibits, temporary – These exhibits would be placed for a maximum period of two weeks, unless that period is extended by the City Council, and would occur no more than five times per year with two of those times being reserved for CISD student art. The Southlake Arts Council would present up to three Calls to Artists per annum and would select the artist(s) to present artwork in accordance with the Call to Artist SOP. The dates for presentation of the artwork will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department displays, events or programs will be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. Applications specifically for Town Hall and Parks will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.2 Ad Hoc Visual Arts Exhibits, temporary – These exhibits would be placed for a maximum period of seven days, unless that period is extended by the City Council, and would occur when space is available as determined by staff. Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff. A Facility Arts Display/Performance Form will need to be submitted to the Arts Council liaison at least six weeks in advance of the showing. The Southlake Arts Council will review and approve or deny all applications in order to determine appropriateness of the application in a requested venue. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department displays, events or programs will be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. Applications specifically for Town Hall and Parks will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.3 Performing Arts Programs, temporary – These programs are limited to single performances. A Facility Arts Display/Performance Form will need to be submitted to the Southlake Arts Council liaison at least six weeks in advance of the performance and will be subject to review and approval by the Southlake Arts Council. City sponsored performances in City facilities that are not generally used for programming will be the responsibility of the department or division sponsoring or providing the event. The sponsoring department or division is responsible for submitting proper forms to the Southlake Arts Council liaison. City department displays, events or programs will require Southlake Arts Council review, but not approval; all other applications will require Southlake Arts Council review and approval. 4.4 Donated art to be placed in public facilities – Donated art will be reviewed by the Southlake Arts Council and a recommendation will be made to the City Council for placement of the art in a city facility or on city property. Credence and a clear preference will be given to location indicated by donor, but the City Council will make any and all final determinations on placement. 4.5 Art Exhibit Agreement – Art displayed on a temporary basis will require that the artist and the City of Southlake sign an agreement that determines the length of time for displays. Key components are: 4.5.1 Artwork and agency: The artist shall agree to lend his/her artwork for temporary display at no cost to the city; 4.5.2 Installation and curatorship: The artist shall deliver the artwork in a form that is ready for immediate display; 4.5.3 Artist’s assumption of liability and waiver removal of artwork: The artist shall acknowledge and agree that the City will not provide security for the exhibition, including without limitation, set up, operation and tear down of the exhibit, and the City should not, for any reason, be liable for lost, stolen, or damaged artwork and/or any related materials associated or used with the exhibit; and, 4.5.4 Conflicting events: The City will coordinate scheduling of exhibits. Should a conflict arise between the exhibit and a function of the City, the City’s event and/or function will take precedence. 4.6 Facility Arts Display Performance Use Permit: The permit is required to be filled out and processed by staff for the Southlake Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. Extensions of time can be requested for both ad-hoc and planned art displays for a period to be determined by the city staff members who administer the arts program. Any extension of time will be based on, but not limited to, the following: upcoming displays, City Manager’s office requests, approval by City Council and other staff-determined administrative needs. 4.7 Sales of displayed art work: Art work that is displayed can be made available for sale by the artist, but the artist or their representative cannot actively solicit the sales of art other than passively indicating (discreetly) the artists’ contact information on the artwork. The city will not be involved in any such transactions and will not solicit sales of items on behalf of an artist or their agents. Prices of the artwork cannot be visibly displayed. 4.8 Art displayed and sold for fundraising: Art can be displayed and sold as part of a fundraising event, but the fundraising can only occur actively at specific events that need to be negotiated with the City. City facilities will not be a site for continuous/ongoing fundraising. Fundraising events can only occur for non-profit organizations. Applications specifically for Town Hall will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. 5.0 Placement of permanent art exhibits or pieces at public facilities or other city property: 5.1 Purchased Public Art – The placement and purchasing process of the Southlake Arts Council, which includes a Call to Artists, and subsequent selection process will be followed. The Southlake Arts Council will make recommendations on placement, artwork, and artists to the City Council who will make any and all final determinations on the said placement and the artwork/artists. 5.2 Donated Public Art - The Southlake Arts Council will make recommendations on placement to the City Council who will make any and all final determinations on the said placement of the donated art Southlake Arts Council Public Art display and/or performance Facility and Property Use permit Please Note: All requests are taken on a first-come, first-served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested__________________________________________________________________ ____________________________________________________________________________________ CONTACT INFORMATION Personal Responsible: ___________________________ Phone: _______________________________ Cell Phone: _________________________ E-Mail Address: ________________________________ Address: _____________________________ City ___________________________ State ________ Zip ________ Alternative Contact: Name: ____________________________________________________________________________ Phone Number: ________________________________ E-mail: ________________________________ DISPLAY or PERFORMANCE INFORMATION Requested Date: ______________________________________________________________________ Type of Display or performance: __________________________________________________________ Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs:____________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Organization Represented: ______________________________________________________________ Non-Profit: Yes _______ No _______ Is this display or performance to include a fund raiser? Yes ________ No ________ Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s) If YES, please answer the following: Does your organization maintain a Southlake Mailing address or PO Box? Yes _____ No ______ Do a majority of your members, including officers, reside in Southlake? Yes _____ No ______ Will your event cause any impact on City Staff or City resources? Yes _____ No ______ ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Artist)_________________________________________ This Art Exhibit Agreement (“Agreement”) is made and entered into this ___ day of__________________, by and between the City of Southlake, Texas (“City”), a Home-Rule Municipal Corporation and __________________________________ (“Artist”) on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from __________through ___________and any additional dates agreed to in writing; and WHEREAS, the Exhibition will be located at a facility of the City of Southlake WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and WHEREAS, City has investigated and determined that it would be beneficial and in the best interests of the City and its citizens to allow the Artist to place the Artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition (“Artwork”). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist’s agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from __________through___________. Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ___________(“Removal Date”). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional (“2D”) Artwork shall be wired for hanging and three dimensional (“3D”) artwork must be ready for installation immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist’s name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City’s removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY A ND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY’S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 6. Representations and Warranties Regarding Copyright. Artist hereby warrants and represents that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY’S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City’s event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS’ FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City’s other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. c. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Artist, to: Artist Attn: ___________________ ________________________ ________________________ If to City, to: City of Southlake Attn: City of Southlake Public Arts Liaison 1400 Main Street # 130. Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. i. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. j. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Miscellaneous Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. l. Miscellaneous Drafting Provision. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. m. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. CITY: _______________________ The City of Southlake , Texas 6101 Southlake Square Blvd. Southlake , Texas 75034 972.292.5100 ARTIST: _______________________________ _______________________________ _______________________________ _______________________________