2015-12-08 SLAC PacketCity of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
December 3, 2015
TO: Southlake Arts Council
FROM: Cassie Tucker, Assistant to the Director of Community Services
SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting
– Tuesday, December 8, 2015
This meeting will be held in Town Hall, 4th Floor, Room 4A, at 6:00 p.m.
If you are not able to attend this meeting, please notify staff at 817.748.8184 or
lcarpenter@ci.southlake.tx.us.
1. Agenda Item 2A. Consent: Approval of the minutes from the October 27, 2015
regular Southlake Arts Council meeting – Please make any corrections to the
minutes part of the motion.
2. Agenda Item No. 3A. Consider: Recommendation to amend Public Art and/or
Performance Policy to allow price information on art exhibit – The existing Public Art
and/or Performance Policy does not allow for prices to be visibly displayed.
However, members of the Arts Council discussed this topic at their October meeting
and desire to amend the policy to allow pricing information to be displayed along
with the art work’s description. A copy of the existing policy highlighting the proposed
revision is included in your packet for consideration and recommendation to City
Council.
3. Agenda Item No. 3B. Consider: Recommendation on Call to Artists for public art for
Frank Edgar Cornish, IV Park – The purpose of this agenda item is to allow
Southlake Arts Council to release a Call to Artists to start the process of selecting
the public art piece for Frank Edgar Cornish, IV Park. Based on feedback received
from the Arts Council at their last meeting staff has developed the Call to Artists and
is seeking Arts Council’s review and recommendation. A copy of the Call to Artists is
included in your packet. Staff will provide a presentation at the meeting.
4. Agenda Item No. 4A. Discussion: Future Public Art Opportunities – This is a
standing item that allows the Southlake Arts Council to discuss and brainstorm
upcoming opportunities for public art. Items to be discussed at this meeting include
the Arts Council/Apex event at The Marq Southlake, an Apex Film Da y, and the
Strokes of Art in the Square Reception and Exhibit. Other future public art
opportunities may also be discussed at this time. There are no packet documents for
this item.
Southlake Arts Council
Meeting Date – December 8, 2015
Page 2 of 2
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5. Agenda Item No. 5. PUBLIC FORUM: This is the public's opportunity to address the
Arts Council about non-agenda items. During this proceeding the Arts Council will
not discuss or take action on any item brought up at this time.
6. For Your Information – Attendance Report – A copy of the Southlake Arts Council
attendance log is included in your packet.
OTHER ITEMS OF INTEREST
Staff would like to share the following upcoming community events:
• The Marq Grand Opening
Grand Opening VIP Party – December 11
Public Open House – December 12
Senior Center Grand Opening – December 14
If you are interested in receiving notifications for City Council meetings, construction alerts,
calendar updates and more, please visit the City’s website and click on the “Notify Me” tab
at http://www.cityofsouthlake.com/list.aspx.
We appreciate your commitment and service to the City.
CHT
STAFF CONTACT INFORMATION:
Telephone – (817) 748-8019
Facsimile – (817) 748-8027
1400 Main Street, Ste. 210, Southlake, Texas 76092
Chris Tribble, Director of Community Services (817) 748-8021; ctribble@ci.southlake.tx.us
Candice Edmondson, Deputy Director of Community Services, (817) 748-8311; cedmondson@ci.southlake.tx.us
Cassie Tucker, Assistant to Director of Community Services, (817) 748-8036; ctucker@ci.southlake.tx.us
Linda Carpenter-Elgin, Administrative Secretary, (817) 748-8184; lcarpenter@ci.southlake.tx.us
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
SOUTHLAKE ARTS COUNCIL
Tuesday, December 8, 2015
Location: Southlake Town Hall
1400 Main Street – 4A (4th Floor)
Southlake, Texas
Time: 6:00 p.m.
Agenda:
1. Call to Order
2. Consent
A. Approval of the minutes from the October 27, 2015 Southlake Arts Council meeting
3. Consider
A. Recommendation to revise the Public Art and/or Performance Policy to allow
prices to be visibly displayed on art exhibits
B. Recommendation on Call to Artists for public art for Frank Edgar Cornish, IV
Park
4. Discussion
A. Future Public Art Opportunities
1. Southlake Arts Council / Apex Event at The Marq
(January 23, 2016, 4:00-6:30 pm)
2. Apex Film Day (May 7, 2016)
3. Strokes of Art in the Square Reception and Exhibit
(Reception - February 21, 2016 and Exhibit - February 19, 2016 – April 22, 2016)
5. Public Forum
(This is the Public’s opportunity to address Southlake Arts Council about non-agenda items.
During Public Forum, Southlake Arts Council will not discuss, consider or take action on any
items presented. Southlake Arts Council respectfully asks anyone speaking during Public
Forum to limit remarks to three minutes or less.)
6. Adjournment
A quorum of the City Council may be present at this meeting.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
SOUTHLAKE ARTS COUNCIL MEETING, OCTOBER 27, 2015
LOCATION: 1400 Main Street, Southlake, Texas
Southlake Town Hall – 4A
TIME: 6:00 p.m.
SOUTHLAKE ARTS COUNCIL PRESENT: Chair Leslie Bartlett, Vice Chair Miriam
Murray, Secretary Jesika Cook and Southlake Arts Council members Devika Seth, Terri
Messing and Kelly Trager
SOUTHLAKE ARTS COUNCIL ABSENT: Tamara McMillan and Merlene Ingraham
STAFF PRESENT: Deputy Director of Community Services Candice Edmondson and
Assistant to the Director Cassie Tucker
STAFF ABSENT: None
OTHERS PRESENT: Stanley Walter
1. CALL TO ORDER
Chairman Bartlett called the meeting of the Southlake Arts Council to order at
6:05 p.m.
2. CONSENT AGENDA
Consent Agenda items are considered to be routine by the Southlake Arts
Council and are enacted with one motion.
2A. APPROVAL OF THE MINUTES FROM THE AUGUST 4, 2015 SOUTHLAKE
ARTS COUNCIL MEETING
There were no corrections to the August 4, 2015 meeting minutes.
APPROVED
A motion was made to approve the minutes of August 4, 2015 meeting as
presented.
Motion: Cook
Second: McMillan
Ayes: Bartlett, Cook, Messing, Murray
Nays: None
Abstain: Seth and Trager (appointed 10/20/15)
Vote: 4-0-2
2A - 1
Minutes of the October 27, 2015 Southlake Arts Council Meeting
Page 2 of 4
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Motion Carried
3. CONSIDER
3A. ELECTION OF SOUTHLAKE ARTS COUNCIL OFFICERS FOR 2016
Assistant to the Director Cassie Tucker presented the item and entertained
nominations.
APPROVED
A motion was made to keep same slate of officers as before and elect Leslie
Bartlett as chair, Miriam Murray as vice chair and Jesika Cook as secretary.
Motion: Cook
Second: Messing
Ayes: Bartlett, Cook, Messing, Murray, Seth and Trager
Nays: None
Abstain: None
Vote: 6-0
3B. CANCEL OR RESCHEDULE NOVEMBER 24 AND DECEMBER 22 MEETINGS
Assistant to the Director Cassie Tucker presented this item.
APPROVED
A motion was made to cancel the meeting on November 24 and December 22
and to hold a combined meeting on December 8, 2015.
Motion: Messing
Second: Trager
Ayes: Bartlett, Cook, Messing, Murray, Seth and Trager
Nays: None
Abstain: None
Vote: 6-0
4. DISCUSSION
4A. AMENDMENT TO PUBLIC ART AND/OR PERFORMANCE POLICY
REGARDING POSTING THE PRICE OF ART PIECES DURING EXHIBITS.
Assistant to the Director Cassie Tucker presented the item. Currently, the Public
Art and/or Performance Policy does not allow for prices to be shown on art
pieces hanging in the Town Hall during exhibits.
2A - 2
Minutes of the October 27, 2015 Southlake Arts Council Meeting
Page 3 of 4
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Southlake Arts Council member Terri Messing presented information on the topic
and asked the council for their feedback. Members expressed a desire to
proceed with amending the policy for City Council to consider allowing pricing
along with the description on art pieces on exhibit. A formal recommendation will
be presented at the next meeting.
4B. ART WORK FOR FRANK CORNISH IV PARK
Deputy Director Candice Edmondson presented information about the Public
Sculpture Program and asked for suggestions for permanent art to be installed in
the Frank Edgar Cornish IV Park.
The Southlake Arts Council discussed options and made suggestions. Some of
the descriptive thought words mentioned were: kinetic, movement, combination /
acknowledgement of park history, balance, contribute to style of area and
statement.
Feedback from the general public about art concepts for Frank Cornish Park will
be available on the City’s website for two weeks. A draft Call to Artist may be
presented at the next Arts Council meeting with a Call release anticipated after
the December Arts meeting.
4C. WRAP UP AND DISCUSSION OF SEPTEMBER ART EVENT, A WALK
THROUGH TIME: HISTORICAL PHOTOGRAPHS OF SOUTHLAKE
To be discussed another time.
4D. FUTURE PUBLIC ART OPPORTUNITIES
The Arts Council discussed plans for the upcoming public art events: the Arts
Council/Apex Event at The Marq on January 23, 2016; the Apex Film Day on
May 7, 2016; and the Strokes of Art in the Square reception and exhibit
(reception 2/21/16 and exhibit 2/19-4/22/16).
A suggestion was offered to have an international exhibit in town hall lobby in
conjunction with a Cultural Festival Southlake Sister Cities is working on for May
16, 2016.
5. PUBLIC FORUM
Stanley Walter, Southlake resident, addressed the Arts Council regarding
purchase of an art piece in memory of his deceased wife and asked for direction
on the process for a private donated or purchased art piece for a public space.
2A - 3
Minutes of the October 27, 2015 Southlake Arts Council Meeting
Page 4 of 4
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Terri Messing will provide Mr. Walter artist names. Options were described for
matching funds art projects. An item will be placed on the next meeting agenda.
6. ADJOURNMENT
APPROVED
A motion was made to adjourn the meeting at 7:09 p.m.
Motion: Cook
Second: Murray
Ayes: Bartlett, Cook, Messing, Murray, Seth and Trager
Nays: None
Abstain: None
Vote: 6-0
Attest:
Leslie Bartlett, Chair Candice Edmondson, Deputy Director
Community Services Department
A digital audio recording of this meeting is available in the Office of the City Secretary.
2A - 4
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
December 3, 2015
To: Southlake Arts Council
From: Cassie Tucker, Assistant to the Director of Community Services
Subject: Recommendation to revise the Public Art and/or Performance Policy to
allow prices to be visibly displayed on art exhibits
Action
Requested: Southlake Arts Council review and recommendation on proposed
revision to the Public Art and/or Performance Policy to allow prices
to be visibly displayed on art exhibits.
Background
Information: The current Public Art and/or Performance Policy, approved by City
Council in March 2011, establishes guidelines for art placement
and performing arts in all city facilities.
Section 4.7 of the existing Public Art and/or Performance Policy
does not allow for prices to be posted: “Prices of the artwork cannot
be visibly displayed.”
Members of the Arts Council discussed this topic at their October
meeting and desire to revise the policy to allow pricing information
to be visibly displayed along with the art work’s description. A
revision to the Policy allowing the visual display of prices may
encourage greater participation of artists in the City’s art exhibits
and provide opportunities for higher caliber art displays for citizens
to enjoy.
Revising the policy is in line with the current practice of similar
public art programs. Area cities such as the City of Keller and the
City of Grapevine currently post pricing information during their art
exhibits.
The proposed revision removes the wording, “Prices of the artwork
cannot be visibly displayed,” from the policy.
A copy of the current Public Art and/or Performance Policy is
included in your packet memo, with the suggested revision to
Section 4.7 highlighted for review and Art Council recommendation.
3A - 1
Southlake Arts Council
Meeting Date – December 8, 2015
Page 2 of 2
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City Council will consider the revision at their meeting on January
19, 2016.
Financial
Considerations: Approval of proposed revisions to the Public Art and/or
Performance Policy presents no financial impact on the City
budget.
Strategic Link: This item is linked to the City Council Focus Areas of Quality
Development and meets the corporate objectives to provide
attractive and unique spaces for enjoyment of personal interests
and enhance resident quality of life & business sustainability
through tourism.
Citizen Input/
Board Review: Southlake Arts Council recommendation December 8, 2015
City Council consideration January 19, 2016
Legal Review: Policy previously reviewed by the City Attorney
Alternatives: Alternatives include:
Recommendation to approve policy revision
Recommendation to approve policy revision with
modifications
Recommendation not to approve policy revision
Supporting
Documents: Existing Public Art Policy. The proposed change has been
highlighted.
Recommendation: Southlake Arts Council review and recommendation to revise the
Public Art and/or Performance Policy to allow price information to
be visibly displayed on art exhibits.
3A - 2
Public Art Display and/or Performance Policy
__________________________________________
Policy: Display and/or Performance 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.
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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.
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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 one 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 o r
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
3A - 5
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.
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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.
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Southlake Arts Council
Permit for the Display and/or Performance of Art in a Public
Facility or Property
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
Person 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 fundraiser? 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 ______
3A - 8
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; and,
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, the City has investigated and determined that it would be beneficial and in
the best interest 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
3A - 9
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 AND 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.
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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
3A - 11
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.
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For purposes of notice, the addresses of the parties shall be as follows:
If to the Artist:
Attn: ________________________
________________________
________________________
If to the City of Southlake:
Attn: City of Southlake, Public Arts Liaison
1400 Main Street, Suite 210
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.
3A - 13
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: ______________________________ DATE: ________________
City of Southlake, Texas
1400 Main Street, Suite 210
Southlake, Texas 76092
817-748-8019
ARTIST: _______________________________ DATE: ________________
_______________________________
_______________________________
_______________________________
3A - 14
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
December 3, 2015
To: Southlake Arts Council
From: Cassie Tucker, Assistant to the Director of Community Services
Subject: Recommendation on Call to Artists for public art for Frank Edgar Cornish,
IV Park
Action
Requested: Southlake Arts Council review and recommendation on the Call to
Artists for Phase I of the Public Sculpture Program for an art piece
to be installed in Frank Edgar Cornish, IV Park.
Background
Information: Since 2009, the City has successfully commissioned several public
art projects as part of its Public Art Program, including pieces
installed at:
DPS Headquarters
Five Roundabout Intersections (four currently installed, one
scheduled to be installed in 2016)
North Park Bas Relief
Family Park – Brian Stebbins Memorial
The Marq Southlake Sculpture (scheduled to be installed in
2016)
The 2030 Public Art Master Plan recommends commissioning and
installing public art pieces throughout Town Square as a walkable
public sculpture art exhibit through some of the square’s most
vibrant retail and dining areas. Frank Edgar Cornish, IV Park has
been identified as the ideal location for the first installment of the
Public Sculpture Program.
The purpose of this agenda item is to allow Southlake Arts Council
to release a Call to Artists to start the process of selecting the
public art piece for the park.
Based on feedback received from the Arts Council at their October
meeting staff has developed the attached Call to Artists. In
developing the call, staff also requested public comment from the
community through the City of Southlake Public Art Website, the
City’s weekly eblast e-mail, an article posted to MySouthlakeNews
3B - 1
Southlake Arts Council
Meeting Date – December 8, 2015
Page 2 of 2
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
and through social media. No public comment was received. Staff
is seeking Southlake Arts Council’s review and recommendation on
the attached Call to Artists.
Financial
Considerations: Funding in the amount of $75,000 for the design and installation of
artwork is approved in FY 2016 Public Art budget for Phase I of the
Public Sculpture Program.
The Call to Artists identifies the budget range for the piece as
$50,000-$70,000. $5,000 has been set aside for expenses incurred
by the City for installation.
Strategic Link: Approval of the Call to Artists is linked to the City’s Strategy Map
related to the focus area of Quality Development and meets the
corporate objective to provide attractive and unique spaces for the
enjoyment of personal interests. It also addresses Critical Business
Outcome CB01, to implement Southlake 2030 Plan by focusing on
short-term initiatives.
Citizen Input/
Board Review: The Call to Artists complies with provisions of the Public Art Display
and/or Performance Policy and the Southlake 2030 Public Art
Master Plan.
Southlake Arts Council will review proposed submittals and make a
recommendation on final candidates to the City Council.
Legal Review: Not Applicable
Alternatives: Not Applicable
Supporting
Documents: Draft Call to Artists
Recommendation: Southlake Arts Council review and recommendation on the Call to
Artists for Phase I of the Public Sculpture Program for an art piece
to be installed in Frank Edgar Cornish, IV Park.
3B - 2
CALL TO ARTISTS
CITY OF SOUTHLAKE, TEXAS
PUBLIC ART PROJECT OPPORTUNITY
PUBLIC ART FOR FRANK EDGAR CORNISH, IV PARK
SOUTHLAKE, TX
------------------------------------------------------------------------------------------------------------------------------
The City of Southlake, Texas, through its Southlake Arts Council seeks to commission an artist for the
creation of public art to be displayed in Frank Edgar Cornish, IV Park in Southlake, TX.
The application deadline is January 31, 2016.
Artists must submit their application on a DVD/CD via mail or hand-delivery to the City of Southlake
City Secretary’s Office, 1400 Main Street, Suite 270, Southlake, TX 76092. Complete information on
how to apply is listed below.
PUBLIC ART PROJECT DESCRIPTION
The City of Southlake is a premier community in the Dallas/Fort Worth Metroplex. Southlake is known
for its high quality school system, youth athletics, and destination dining and retail. Exceptional
neighborhoods are prevalent, and much of Southlake’s small town charm has been preserved
through careful planning.
The mission of the public art program is to create a better visual environment for Southlake residents
and visitors. The City of Southlake seeks to commission new artworks for visually prominent locations
in the community. Frank Edgar Cornish, IV Park is a highly trafficked park located in the center of
Southlake Town Square (location map available on page 5). The park is surrounded by upscale
shopping and dining. The Public Art Master plan establishes the following goals for artworks:
Promote unique community character by emphasizing urban design detail
Encourage features and amenities that create a unique sense of place
Emphasize creativity in the design of all development
The Southlake Arts Council is seeking an artist to provide artwork for Frank Edgar Cornish, IV Park.
Images of the park can be found on page 4. Frank Edgar Cornish, IV Park was named after a
Southlake resident who passed away in 2008. He was a beloved father and son, and an avid athlete
and coach. More information can be found at:
http://www.legacy.com/obituaries/dallasmorningnews/obituary.aspx?pid=116531843
The artwork(s) should: Be of the highest quality; Create interest for the community; Enrich the quality
of life and visual environment for all residents and visitors of the city; Reflect the mission and values
of the City of Southlake; Be of interest from all angles; and be appropriate to the identified location,
durable and low maintenance. The Arts Council has recommended commissioning a piece that is
3B - 3
City of Southlake Call to Artists: Roundabout Project
Page 2 of 5
kinetic and has movement. The piece should acknowledge or pay tribute to the park history. It must
be a statement piece that embodies an appropriate balance and contributes to the style of the area.
Interested applicants should review the City of Southlake urban design elements that reside on the
City of Southlake website for further information.
Total project budget is approximately $50,000 - $70,000, including the base.
ESTIMATED PROJECT TIMELINE
January 31, 2015 Application Deadline
February 2015 Application Review/Selection of Finalists by Southlake Arts Council
February 2015 Notification to Finalists
March 2015 Presentation of Proposals by Finalists and Interviews with
Southlake Arts Council
March 2015 Notification of Selected Artist
April 2015 Presentation of Selected Art to City Council
April 2015 Upon City Council approval, execution of Contract with Artist
The City of Southlake reserves the right to adjust this estimated timeline as necessary.
APPLICATION PROCESS
This is a Request for Qualifications (RFQ) only.
Artists must submit the following on a DVD/CD via mail or hand-delivery to the City of Southlake City
Secretary’s Office, 1400 Main Street, Suite 270, Southlake, TX 76092.
Letter of Interest - Applicants must submit a letter of interest indicating the project(s) for
which they are applying and an artist statement.
Resume – Limited to three pages or less utilizing a font size of 10 or greater (must include
name, address, phone, e-mail and website)
Images of Completed Artwork – Must be submitted in a Microsoft PowerPoint
presentation with no more than ten (10) images of completed works (one image per slide).
The first slide should include the artist name and contact information. Each image must
include a title.
Description of Completed Artwork for Review – Must be submitted in a Microsoft Word
document to include the title, date, media, size (HxWxD), commission cost/purchase price,
and a brief description of the artwork corresponding to the images submitted in the
PowerPoint presentation.
3B - 4
City of Southlake Call to Artists: Roundabout Project
Page 3 of 5
ARTIST SELECTION PROCESS
The Southlake Arts Council will review all applications and select finalists. The Southlake Arts
Council will review final concepts presented by the finalists and may request interviews. One artist will
be selected to commission the artwork.
Criteria for selection includes: artistic merit as evidenced by the submitted materials; the applicant’s
professional qualifications; proven ability to perform well on similar projects; and demonstrated ability
to work with government agencies, boards, committees, architects, engineers, and other groups for
the successful completion of similar art projects.
Artists chosen as the finalist will be asked to visit Frank Edgar Cornish IV park before completing final
concept.
HELPFUL WEBSITE LINKS
City of Southlake: http://www.cityofsouthlake.com
Southlake Public Art Collection: http://www.cityofsouthlake.com/index.aspx?NID=786
Southlake Urban Design Plan: http://www.cityofsouthlake.com/index.aspx?NID=876
FOR ADDITIONAL INFORMATION, PLEASE CONTACT:
Cassie Tucker, Assistant to the Director of Community Services
(817) 748-8036 or ctucker@ci.southlake.tx.us
3B - 5
City of Southlake Call to Artists: Roundabout Project
Page 4 of 5
FRANK EDGAR CORNISH IV, PARK
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City of Southlake Call to Artists: Roundabout Project
Page 5 of 5
FRANK EDGAR CORNISH IV, PARK
399 Grand Avenue
Southlake, TX 76092
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1 Leslie Bartlett a 0 a r a a a 0 a 0 a 0 88%9.5 2015 86%
2 Merlene Ingraham a 0 a r a a a 0 a 0 r 0 75%8
3 Jesika Cook r 0 r a a a a 0 a 0 a 0 75%8.5
4 Terri Messing a 0 r a a a a 0 a 0 a 0 88%10
5 Devika Seth a 0 100%1.5
6 Miriam Murray a 0 a a a a a 0 r 0 a 0 88%8.5
7 Tamara McMillan a 0 a a a a a 0 a 0 r 0 88%9.5
Alt 1 Kelly Trager a 0 100%1.5
8 - Alt 1 Christina Esparza a 0 a a a a n
86%0 71%71%100%100%100%0 83%0 75%0 a In attendance
Total Hrs Per Month 1.5 0 1 1.5 2 1.5 1 0 1 0 1.5 0 11 r Not in attendance, no substitute
m Substitute in attendance
n Vacant position
0 Meeting Canceled
*Meeting Canceled due to no quorum
Change in Representative
Average Monthly
Attendance Rate
Meeting Attendance Rate
(includes substitutions)
Christina Esparza resigned 5/2015.
8/4/15 9/22/15 10/27/15 11/24/15 12/8/15 Individual
Attendance Rate
Southlake Arts Council Attendance Report
Place Name 1/27/15 2/24/15 3/24/15 4/28/15 5/26/15 6/23/15 7/28/153/4/15 Hrs To
Date
Packet Insert - Arts Council Attendance Report