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2016-03-22 SLAC PacketCITY OF SOUTHLAKE MEMORANDUM March 2, 2016 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, March 22, 2016 The meeting will be held in The Marq Southlake, Legacy Meeting Room I at 6:00 p.m. If you are not able to attend this meeting, please notify staff at 817.748.8184 or Icarpenter(a�ci.southlake. tx. us. 1. Agenda Item No. 2A. Consent: Approval of the minutes from the Southlake Arts Council meeting held February 9, 2016. Please make any corrections to the minutes part of the motion for consideration. 2. Aaenda Item No. 3A. Consider: Recommendation on Dublic art to be installed at Frank Edgar Cornish, IV Park— At the February 9t" Southlake Arts Council meeting, the Arts Council reviewed 16 submittals received from the December 2015 Call to Artists for Public Art for Frank Edgar Cornish, IV park. The Arts Council recommended closing the call without selection because the submittals did not represent the type of art that fit the concept they envision for the park. The purpose of this item is for the Arts Council to either make a recommendation for one artist to provide a concept for Public Art at Frank Edgar Cornish, IV Park; or, make a recommendation to re-release a new Call to Artist, with updated language specifically requesting kinetic proposals. 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. Artist(s) chosen as the finalists for the commissioned art will be granted a $500 stipend to complete a 3D mockette/model of their final concept. 3. Aaenda Item No. 313. Consider: Recommendation to revise the Public Art and/or Performance Policy — The current Public Art and/or Performance Policy, approved by City Council in March 2011, establishes guidelines and a permit approval process for temporary Planned Visual Art Exhibits and temporary Ad Hoc Visual Art Exhibits in all city facilities, as well as guidelines for approval of permanent, purchased or donated, art exhibits or pieces in a city facility or on city property. The items for Southlake Arts Council's consideration at this time are revisions to Sections 4.1, 4.2, 4.3, 4.6, and 4.7. A copy of the current Public Art and/or Performance Policy is City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — March 22, 2016 Page 2 of 3 included in your packet memo, with the suggested revisions red -lined. A clean copy of the Public Art and/or Performance Policy incorporating the proposed revisions is also included. 4. Agenda Item No. 3C. Consider: Recommendation on the Southlake Historical Society Aviation Exhibit proposal and permit -- The purpose of this item is to receive Arts Council's recommendation on a proposal and permit from the Southlake Historical Society to host an "Aviation in North Texas" exhibit (dates to be determined) in the Town Hall lobby. The exhibit proposal features 18 panels and 2 display cases. The panels present a North -Texas aviation timeline that begins in 1911 and highlights aircraft manufacturing, military, commercial and general aviation throughout the area. Aviation memorabilia would be displayed in the display cases. Your packet memo contains details of the request. 5. Agenda Item No. 4A. Discussion: Strokes of Art in the Square Reception Wrap Up — The purpose of this item is to allow the Southlake Arts Council to recap the reception held February 21, 2016. There are no packet documents for this item. 6. Agenda Item No. 4B. Discussion: Apex Film Day — Plans for the Apex Film Day to be held May 7, 2016 may be discussed at this time. There are no packet documents for this item. 7. Agenda Item No. 4C. Discussion: Fort Worth Symphony Orchestra Opportunities — Opportunities for partnership with the Fort Worth Symphony Orchestra may be discussed at this time. There are no packet documents for this item. 8. Agenda Item No. 4D. Discussion: September 2016 Art Gallery Event — The purpose of this item is to allow Southlake Arts Council an opportunity to brainstorm and plan the annual art gallery event for September 2016. Last year's event, which was co- sponsored with Southlake Historical Society, was "Walk Through Time Historical Photographs of Southlake." There are no packet documents for this item. 9. Agenda Item No. 5. Public Forum This is the public's opportunity to address the Arts Council about non -agenda items. During Public Forum, the Arts Council will not discuss or take action on any item brought up at this time. 10. For Your Information — Attendance Report — A copy of the Southlake Arts Council attendance log is included in your packet. We appreciate your commitment and service to the City. CHT City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — March 22, 2016 Page 3 of 3 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; ctribblec@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(cDci.southlake.tx.us Linda Carpenter -Elgin, Administrative Secretary, (817) 748-8184; IcarpenterCoki.south lake. tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday, March 22, 2016 Location: The Marq Southlake Legends Hall — Legacy Meeting Room 1 285 Shady Oaks Drive Southlake, Texas Time: 6:00 p.m. Agenda: 1. Call to Order 2. Consent A. Approval of the minutes from the February 9, 2016 regular Southlake Arts Council meeting 3. Consider A. Recommendation on public art to be installed at Frank Edgar Cornish, IV Park B. Recommendation to revise the Public Art and/or Performance Policy C. Recommendation on the Southlake Historical Society Aviation Exhibit proposal and permit 4. Discussion A. Strokes of Art in the Square Reception Wrap Up (Reception — February 21, 2016) B. Apex Film Day (May 7, 2016) C. Fort Worth Symphony Orchestra Opportunities D. September 2016 Art Gallery Event 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 Date — March 22, 2016 Page 2 of 2 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on March 18, 2016 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Lori Payne, 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 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING, FEBRUARY 9, 2016 LOCATION: Southlake Town Hall, 4t" Floor, TH4A Southlake, Texas TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Leslie Bartlett, Vice Chair Miriam Murray, Secretary Jesika Cook and Southlake Arts Council members Terri Messing, Tamara McMillan, Devika Seth and Kelly Trager (Alternate 1) SOUTHLAKE ARTS COUNCIL ABSENT: Merlene Ingraham STAFF PRESENT: Deputy Director Candice Edmondson and Assistant to the Director Cassie Tucker PUBLIC FORUM: Stanley Walker REGULAR SESSION si I M 11exal N Q 4:7 The meeting was called to order by Arts Council Chairman Bartlett at 6:04 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 JANUARY 8, 2016 SOUTHLAKE ARTS COUNCIL MEETING A correction was made to the minutes of the January 8, 2016 meeting. APPROVED A motion was made to approve the minutes of January 8, 2016 meeting with the correction. Motion: McMillan Second: Trager Ayes: Bartlett, Cook, Messing, McMillan, Murray, Seth, Trager Nays: None Abstain: None Vote: 7-0 Motion Carried City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 0_d Minutes of the February 9, 2016 Southlake Arts Council Meeting Page 2 of 4 3. CONSIDER 3A. RECOMMENDATION ON PUBLIC ART MATCHING FUNDS POLICY Assistant to the Director Cassie Tucker presented the proposed Public Art Matching Funds Policy and responded to questions. Deputy Director Candice Edmondson was also available to answer questions. The proposed Public Art Matching Funds Policy will provide a process for considering requests by petitioning individuals, organizations and businesses for Public Art Matching Funds projects. Eligible projects include public art at private developments and public art to be installed on public property. 0»:19117/ 4 11 A motion was made to approve the Public Art Matching Funds Policy. Motion: Cook Second: Trager Ayes: Bartlett, Cook, Messing, McMillan, Murray, Seth, Trager Nays: None Abstain: None Vote: 7-0 Motion Carried 3B. RECOMMENDATION ON FINALIST FROM CALL TO ARTISTS FOR PUBLIC ART TO BE INSTALLED AT FRANK EDGAR CORNISH, IV PARK Assistant to the Director Cassie Tucker presented this item. The Arts Council reviewed the 16 submittals received from the December 2015 Call to Artists for Phase I of the Public Sculpture Program for an art piece for Frank Edgar Cornish, IV Park. The Arts Council agreed the submittals did not present kinetic style art pieces they envision for the park location. The consensus was to close the Call to Artists and to investigate artists specifically for kinetic pieces at the next meeting. Arts Council members were asked to forward suggestions for artists' websites to staff. APPROVED A motion was made, having reviewed the submittals of the Call to Artists, to close the Call to Artists without selecting a finalist and move forward with seeking the commission of an artist for a kinetic piece. Motion: Messing Second: Murray Ayes: Bartlett, Cook, Messing, McMillan, Murray, Seth, Trager City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 0-1W Minutes of the February 9, 2016 Southlake Arts Council Meeting Page 3 of 4 Nays: None Abstain: None Vote: 7-0 Motion Carried Public Forum was considered next on the agenda. See comments under Item 5. 4. DISCUSSION 4A. STROKES OF ART IN THE SQUARE RECEPTION & EXHIBIT Southlake Arts Council discussed assignments and finalized plans for the reception to be held February 21, 2016 and the exhibit February 19 — April 22, 2016. 4B. DEBUT ... ART AT THE MARQ WRAP UP The Arts Council recapped the event held January 23, 2016 at The Marq Southlake. 4C. APEX FILM DAY (MAY 7, 2016) Plans for the Apex Film Day to be held May 7, 2016 were discussed. 4D. SOUTHLAKE CONSTELLATION DEDICATION I UNVEILING Staff updated the Arts Council on plans for the dedication and unveiling of Kathleen Caricoff's art piece, "Southlake Constellation" prior to the Arts Council's meeting on March 22. 4E. MARCH 22, 2016 MEETING LOCATION CHANGE (THE MARQ) The Arts Council agreed to move their March meeting location to The Marq Southlake to coincide with the unveiling and dedication of the "Southlake Constellation" sculpture prior to the meeting. 5. PUBLIC FORUM Stanley Walker, Southlake resident, spoke regarding a possible project for art matching funds. If City Council approves the proposed Public Art Matching Funds Policy and allocates funds in the FY2017 budget for arts matching funds projects, matching funds art projects may be potentially funded after October 1, 2017. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-3 Minutes of the February 9, 2016 Southlake Arts Council Meeting Page 4 of 4 6. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 7:18 p.m. Motion: Trager Second: Cook Ayes: Bartlett, Cook, McMillan, Messing, Murray, Seth, Trager Nays: None Abstain: None Vote: 7-0 Leslie Bartlett, Chair Attest: Cassie Tucker, Assistant to Director Community Services Department A digital audio recording of this meeting is available in the Office of the City Secretary. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork PI_Q I Arts Members: Please initial beside your name below so there will be a record of attendance. Guests: Please sign your name below. Southlake Arts Council Meeting Town Hall — 4th Floor, TH4A Tuesday, Feb 9, 2015 @ 6:00pm Leslie Bartlett, Chair, Place 1 Merlene Ingraham, Place 2 Jesika Cook, Secretary, Place 3 Terri Messing, Place 4 Devika Seth, Place 5 Miriam Murray, Vice Chair, Place 6 Tamara McMillan, Place 7 Kelly Trager, Alternate 1 Candice Edmondson (staff liaison) Cassie Tucker (staff liaison) Guests: CITY OF SOUTHLAKE MEMORANDUM March 17, 2016 To: Southlake Arts Council From: Cassie Tucker, Assistant to the Director of Community Services Subject: Recommendation on public art to be installed at Frank Edgar Cornish, IV Park Action Requested: Southlake Arts Council recommendation for one artist to provide a concept for Public Art at Frank Edgar Cornish, IV Park. Or Southlake Arts Council recommendation for the City of Southlake to re-release a new Call to Artist, with updated language specifically requesting kinetic proposals. Background Information: The purpose of this item is for the Arts Council to either make a recommendation for one artist to provide a concept for Public Art at Frank Edgar Cornish, IV Park; or, make a recommendation to re- release a new Call to Artist, with updated language specifically requesting kinetic proposals. At the February 9t" Southlake Arts Council meeting, the Arts Council reviewed 16 submittals received from the December 2015 Call to Artists for Public Art for Frank Edgar Cornish, IV park. The Arts Council recommended closing the call without selection because the submittals did not represent the type of art that fit the concept they envision for the park. The Arts Council requested to review the work of kinetic artists at the March meeting. Staff has received suggestions from the Arts Council of kinetic artists websites for consideration and recommendation at this time. Those sites include: Troy Pillow http://www.piIlowstudios.com/medium-scuIpture.htmI Andrew Carson http://www.windsculpture.com City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A - 1 Southlake Arts Council Meeting Date — March 22, 2016 Page 2 of 4 http://www.gallerVofmodernmasters.com/artist-andrew-carson/ Lyman Whitaker http://www.leopoldgallery.com/wind-sculptures/Iyman-whitaker/ http://www.wifordgallery.com/store/sculpture-lyman-whitaker Mark White httiD-//www.markwhitefineart.com Russ Vogt http://www.russvoqt.com/sculpture/ http://www.Ia n n i nggal I e ry. com/artist-d i rectory/scu I ptu re-artists/russ- vogt Anthony Howe http://www.howeart.net/index.html Jim Lapsco http://Iapaso.com/outdoor-kinetic-sculptures/ Jeff Kahn http://www.neffkahnsculpture.com/gallery/outdoor/ John Tyler http://www.scuIpturesite.com/J0HN-TYLER.cfm?ArtistsID=47 Hypnartic Artwork http://www.hypnarticartwork.com/shop.html Jass Designs http://www.gassdesign.com.au Jeff Kahn http://www.neffkahnsculpture.com/video/#mg http://www.'effkahnsculpture.com/gallery/outdoor/ Mark White Fine Art httD://www.markwhitefineart.com/wind-sculpture/ David Hickman http://davidbhickman.com/sculpture/public-art/the-messengers/ City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-2 Southlake Arts Council Meeting Date — March 22, 2016 Page 3 of 4 If the Arts Council selects one artist, the artist will be requested to provide a final concept for Arts Council's review at the April 26t" meeting. The Arts Council would then make a recommendation on the final concept for the City Council to approve a personal services agreement to provide public art for Frank Edgar Cornish, IV Park. If the Arts Council selects to re-release the Call to Artists, the timeline will be as follows: April 20, 2016 Application Deadline — 5:00 PM, no late submissions will be accepted April 26, 2016 Application Review/Selection of Finalists by Southlake Arts Council May 2, 2016 Notification to Finalists May 24, 2016 Presentation of Proposals by Finalists and Interviews with Southlake Arts Council May 27, 2016 Notification of Selected Artist June 2016 Presentation of Selected Art to City Council June 2016 Upon City Council approval, execution of Contract with Artist 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. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-3 Southlake Arts Council Meeting Date — March 22, 2016 Page 4 of 4 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 1 of the Public Sculpture Program. Artist(s) chosen as the finalists will be granted a $500 stipend to complete a 3D mockette/model of their final concept. The Call to Artists identified the maximum project budget as $70,000. $5,000 has been set aside for expenses incurred by the City for installation. Strategic Link: Selection of Public Art 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: Selection of Public Art complies with provisions of the Southlake 2030 Public Art Master Plan. Southlake Arts Council will review artist websites and make a recommendation on a final candidate or will re-release the Call to Artists. Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: Call to Artists Recommendation: Southlake Arts Council recommendation for one artist to provide a concept for Public Art at Frank Edgar Cornish, IV Park. Or Southlake Arts Council recommendation for the City of Southlake to re-release a new Call to Artist, with updated language specifically requesting kinetic proposals. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-4 CITY OF SOUTHLAKE TEXAS CALL TO ARTISTS CITY OF SOUTHLAKE, TEXAS PUBLIC ART PROJECT OPPORTUNITY KINETIC 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 kinetic artwork for Frank Edgar Cornish, IV Park. The piece will be installed in the plaza. Images of the park can be found on page 3. €raRl Edgar Cornish, IV Park was narned after a Seuthlake resident who passed away On 2008. He was -a beloved father and SOR, and an avid athlete and GeaGh. Mere iRfermatMOR GaR be fOuRd at - 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 is seeking a piece that is kinetic and has movement. 3A - 5 City of Southlake Call to Artists: Frank Cornish Park - RFQual1512C520CT150027 Page 2 of 5 The piece should acknowledge or pay tribute to the park design and architecture. It must be a statement piece that embodies an appropriate balance and size, 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. Maximum project budget is $70,000, including the base. ESTIMATED PROJECT TIMELINE April 20, 2016 Application Deadline — 5:00 PM, no late submissions will be accepted April 26, 2016 Application Review/Selection of Finalists by Southlake Arts Council May 2, 2016 Notification to Finalists May 24, 2016 Presentation of Proposals by Finalists and Interviews with Southlake Arts Council May 27, 2016 Notification of Selected Artist June 2016 Presentation of Selected Art to City Council June 2016 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. Applications are due April 20th at 5:00 PM. No late applications will be accepted. ■ 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. 3A-6 City of Southlake Call to Artists: Frank Cornish Park - RFQual1512C520CT150027 Page 3 of 5 ARTIST SELECTION PROCESS The Southlake Arts Council will review all applications and select finalists. Artists chosen as the finalist will be granted a $500 stipend to complete a 3D mockette/model of their final concept. 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. HELPFUL WEBSITE LINKS City of Southlake: http://www.cityofsouthlake.com Southlake Public Art Collection: http://www.cityofsouthiake.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 3A-7 ..� � ... i _� � 4 ; ,p�ac :� ra `# r3A � � n! � •I �:n,. �y:.%, " - f AMA f Zf T - �� .,aft of d ., "F�s �+..• - �r +1 J 4 - I � r III1V1' `•`IU1 ` NCL + . ,_ , a r.'� �u y. ,nnlu -.� � — �l►1ltllUla..wx, sw.� NM, Y. N 0W ilk eJ City of Southlake Call to Artists: Frank Cornish Park - RFQual1512C520CT150027 Page 5 of 5 FRANK EDGAR CORNISH IV, PARK 399 Grand Avenue Southlake, TX 76092 netlgwrrers OY san sheer pN+sionstr¢e± • b Y F � I np �a'Pti STafe ;,� sewnw•mnr,swn.� �ti/ ��/� o�w r � nwi„ F� kr� Fgrac aP¢ H Federal WaY � � oe.r dAi �=4+I PHhy sun>tineulur.n.umenr n ti i. a r�,era 07j n ri anar c,rev rn ew 8 • wrc F� a n. an.urk sou�nietera �•�:Pa• ,y Ln pornx.xaw sP.•°peweic r" iswr. `PHwyl�a nn.,es n E u. ri Cd�ryq� neirc. C ad/ a Park Ridge Houlev% Prospects, Mek 4�r ® Y Fulireer C LSa eo.xo-rsr-.LryeGR d9p ""v�aro r e's roe a vans �e•r�en, li wiipe i. raze z � = n �.tla — Meeting Street Meeting Street .. _ uy. ann.pp rn t�YN aa�ov��cni Cisic Pl }� tl 2 (D nwn�w 4. z � M,.,,.,,I i �.wn �,ni.�e aid.. eroera • rv� $ �� �a Arc mniwe wd'r claan n.8 3 rn� � a o�. n • r. �^• r.r ea�.mr d--. Hi'a Main street ` t. Man Street Wi,s a"tr l �k Man Street Main ctrert Main Stre,t Mafare r«.nwera rw�l.awe<sKs _ i� -,w..Ked,.xea, r:�ir ., Frarr.,rMr v ' sWnnrr p.,. CITY OF SOUTHLAKE MEMORANDUM March 2, 2016 To: Southlake Arts Council From: Cassie Tucker, Assistant to the Director of Community Services Subject: Recommendation to revise the Public Art Display and/or Performance Policy Action Requested: Southlake Arts Council review and recommendation on proposed revisions to the Public Art Display and/or Performance Policy Background Information: The current Public Art and/or Performance Policy, approved by City Council in March 2011, establishes guidelines and a permit approval process for temporary planned visual art exhibits and temporary ad hoc visual art exhibits in all city facilities, as well as guidelines for approval of permanent, purchased or donated art exhibits or pieces in a city facility or on city property. The items for Southlake Arts Council's consideration at this time are revisions to Sections 4.1, 4.2, 4.3, 4.6, and 4.7. Revisions to sections 4.1 and 4.2 would allow for the Southlake Arts Council to have final approval for temporary planned visual art exhibits and temporary ad hoc visual art exhibits that meet the established guidelines within the policy. The proposed revisions also change established guidelines regarding maximum exhibit length. The proposed revision removes the maximum exhibit length of two weeks, and allows the length of the exhibit to be determined by the Southlake Arts Council. Of the exhibits displayed in 2015 and 2016, 100% requested, and were granted, an exception by the City Council to exceed the two week maximum exhibit length. Exhibit lengths have ranged from four weeks to ten weeks. If the proposed revision is approved, the Southlake Arts Council would establish exhibit length on a case -by -case basis. City of Southlake Values: Integrity ♦ Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork rM Southlake Arts Council Meeting Date — March 22, 2016 Page 2 of 3 Currently, approval for temporary planned visual art exhibits and temporary ad hoc visual art exhibits requires City Council final approval with a recommendation by the Southlake Arts Council. The revision would reduce City Council agenda load and expedite the approval process of the temporary exhibits and performances that meet the policy's established guidelines. Staff would provide updates on exhibit schedules to the City Council. Examples of the temporary exhibits and performances which would be impacted by the policy change include: January Sister Cities Young Artists Showcase February Strokes of Art In the Square Reception & Exhibit April CISD Art Exhibit September Fall Art Gallery Reception & Exhibit Under the proposed revision, the City Council still would have final approval over all exhibits requiring an exception from the revised policy guidelines. Proposed revisions to Section 4.3 state that City department displays specifically regarding art may be available for Southlake Arts Council review. The update to the process mirrors the process established in Sections 4.1 and 4.2 and creates consistency. The proposed revision to Section 4.6 is to properly capitalize "City." Revisions to Section 4.7 would remove the wording, "Prices of the artwork cannot be visibly displayed" and would allow for pricing to be posted alongside the artist's contact information. 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. Prices would be posted for future gallery exhibits as appropriate. All artists are required to sign a waiver releasing the City from liability. The approval process for permanent art exhibits or art pieces purchased by the City, including donated pieces, found in Section 5 of the policy, is not affected by this request and would remain City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3B-2 Southlake Arts Council Meeting Date — March 22, 2016 Page 3 of 3 unchanged. City Council makes the final approval for all permanent art exhibits or acquired pieces upon recommendation by Southlake Arts Council. A copy of the current Public Art and/or Performance Policy is included in your packet memo, with the suggested revisions red - lined. A clean copy of the Public Art and/or Performance Policy incorporating the proposed revisions is also included. 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 March 22, 2016 City Council consideration April 19, 2016 Legal Review: Policy previously reviewed by the City Attorney Alternatives: Alternatives include: • Recommendation to approve policy revisions • Recommendation to approve policy revisions with modifications • Recommendation not to approve policy revisions Supporting Documents: • A copy of the current Public Art Display and/or Performance Policy is included in your packet memo, with the suggested revisions red -lined. • A clean copy of the Public Art Display and/or Performance Policy incorporating the proposed revisions. Recommendation: Southlake Arts Council review and recommendation to revise the Public Art Display and/or Performance Policy. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3B-3 CITY OF SOUTHLAKE 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. 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. temaorar se eS g beinreserved for GISD student �The Southlake Arts Council would may a`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 and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times Der vear with one of those times being reserved for CISD student art... Art e€xhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs w4-Mgy be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. App"Gatiens sneGifinally for T-GWR Hall and -Parks will be reviewed by the Arts GE)U}nil e a,mill nd they make a renommeRdation to the City Gounnil 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 — Tie exhibits `"could he planed fer a mavimi im neriorJ of seVen `Jaye Unless that neried is eVteRded by the City i`-TniI and �efiei iId oGGLjrr whe�paaGe is available as deterrmiRed by staff.Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by 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. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs wg-maybe available for Arts Council review but not approval. All other applications will require Arts Council review and approval. Onnlinatiens speGiftally fen Teem Hall and Darks will he reviewed by the Arts ( T eRd they will make_aa FeGE)Mmenetion to the City COURGOl for final a�fev No exhibit will be allowed to take up morethan 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. K: . 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 art displays, events or programs wif-may be available for 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 Ccity 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 rM 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 and pricing ep--near 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. DriGeG of the artwork GaRRet 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. outhlake Arts r�,T^City of Southlake 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: Cell Phone: Address: Zip Alternative Contact: Name: Phone Number: Phone:_ E-Mail Address: City E-mail: DISPLAY or PERFORMANCE INFORMATION State 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: K - • 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 (Arti 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. 36-10 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 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. 3B-11 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. 3B-12 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, 36-13 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 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. 36-14 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. I. 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 parry'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: ARTIST: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 DATE: DATE: 3B-15 3B-16 CITY OF SOUTHLAKE 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. 36-17 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 —The Southlake Arts Council may 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 and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times per year with one of those times being reserved for CISD student art. Art exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and 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 —Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by 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. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and 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 art displays, 36-19 events or programs may be available for 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 and pricing near 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. 36 - 20 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. 36-21 City of Southlake 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 Person Responsible: Cell Phone: Address: Zip Alternative Contact: Name: Phone Number: CONTACT INFORMATION Phone:_ E-Mail Address: City E-mail: DISPLAY or PERFORMANCE INFORMATION State 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 3B-22 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 36 - 23 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. 3B-24 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 3B-25 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. 36 - 26 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. 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. 3B-27 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. 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: CITY OF SOUTHLAKE MEMORANDUM March 17, 2015 To: Southlake Arts Council From: Cassie Tucker, Assistant to the Director of Community Services Subject: Recommendation on Southlake Historical Society Aviation Exhibit proposal and permit Action Requested: Southlake Arts Council recommendation to City Council on a proposal and permit to allow a Southlake Historical Society aviation exhibit in Town Hall, dates to be determined. Background Information: The Southlake Historical Society has submitted a proposal and permit request for an "Aviation in North Texas" exhibit to be displayed in the Town Hall Lobby. The exhibit proposal features 18 panels and 2 display cases. The panels present a North -Texas aviation timeline that begins in 1911 and highlights aircraft manufacturing, military, commercial and general aviation throughout the area. Aviation memorabilia would be displayed in the display cases. The Southlake Historical Society would like the exhibit to be displayed this summer for a length of time as recommended by the Southlake Arts Council. The artwork will not exceed 30% of the lobby floor space and will be displayed in between the pillars throughout the lobby. The exhibit would not obstruct the entrances into the lobby, Council Chambers or Municipal Court, nor will it impede the traffic flow, or the sight line between the security desk and the Council Chambers. A suggested layout of the exhibit is included in the attached proposal. The exhibit will be managed and maintained by the Public Art Manager. The proposal requires a recommendation from the Southlake Arts Council and approval by the City Council. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3C-1 Southlake Arts Council Meeting Date — March 22, 2016 Page 2 of 2 The exhibit is not a fundraising event, but is an opportunity to showcase aviation history relevant to Southlake. The proposal meets the provisions of the Public Art Display and Performance Policy. A copy of the permit, excluding specific dates and length of the exhibit, is included in your packet. The permit will be updated according to the Arts Council recommendation. Financial Considerations: Approval of the Summer 2016 Art Gallery exhibit will have no financial impact to the FY 2016 Public Art Budget. Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and volunteer involvement and enhancing the sense of community by providing excellent customer service and citizen engagement opportunities. Citizen Input/ Board Review: The permit for the exhibit complies with provisions of the Public Art Display and Performance Policy. Southlake Arts Council recommendation March 22, 2016 City Council consideration April 19, 2016 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the proposal and permit as presented Approve the proposal and permit with modifications Decision not to approve the proposal or permit Supporting Documents: A copy of the proposal and the permit are included in your packet. Recommendation: Southlake Arts Council recommendation to City Council on a proposal and permit to allow a Southlake Historical Society aviation exhibit in Town Hall, dates to be determined. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3C - 2 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: Southlake Town Hall, 1400 Main Street, Southlake — 2nd floor main lobby CONTACT INFORMATION Applicant: Connie Cooley, on behalf of the Southlake Historical Society Phone: 817-223-9606 Cell Phone: E-Mail Address: cecooley@verizon.net Address: PO Box #92825 City: Southlake State: TX Zip: 76092 Alternative Contact: Emily Galpin Phone Number: 817-939-1110 E-mail: galpineh@verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Date(s): 1) Reception — TBD 2) Exhibit — TBD Type of Display or Performance: 1) Reception — The reception will be held to kick-off the aviation exhibit. 2) Exhibit — 18 panels illustrating a North Texas Aviation Timeline beginning in 1911 Duration of Event(s) or Performance: 1) Reception — TBD 2) Exhibit — The art exhibit duration is for approximately TBD Detailed Information including a wall or floor space plan, display or performance details, including planned activities and/or any equipment/special needs required: 1) Reception -- The art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program, refreshments and entertainment. The reception will be managed and arranged the same as previously approved events. 2) Exhibit — See attached proposal. Organization Represented: Southlake Historical Society. 3C-3 Public Art Display and/or Performance Facility and Property Use Permit Page 2 Non -Profit: Yes X No Is this display or performance to include a fund raiser? Yes No X 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) Please answer the following: Does your organization maintain a Southlake Mailing address or PO Box? Yes X No Do a majority of your members, including officers, reside in Southlake? Yes X No Will your event cause any impact on City Staff or City resources? Yes X No 3C-4 AVIATION IN NORTH TEXAS �i we., cold and wrn(ly on lowIoly 1 "' P) l 1 ni I tail A. cmwrl nt IWOFly 1 l 1") 9titliarrtl ut !lira "Qriu+r�� Phrk," n lot 01 r,Ict+ Irm k. I boy iic�rt i uni, It, SRn the "Gre,sit Avlr.►tl011 Mr+t+t " IlviiR s't�rlt(�t��lr�+iutil`, i;;3 Mpleanl hltvrndUnn�ii Avi<tbire, lit�wavel'IIt�h I,; koill their g141103 610011(11"1 ; ' i i i , .vviation in i%i c 19 Southlake Historical Society March 9, 2016 The Tarrant County Archives, under the auspices of the Tarrant County Commissioners Court, has in its possession a professionally - created, museum -quality exhibition that documents the history of aviation in North Texas; and it is available on loan. Southlake Historical Society board members and Southlake Arts Council member Terri Messing have visited the archives and have met with Tarrant County archivist Dr. Dawn Youngblood to discuss mounting the exhibit in Southlake Town Hall this summer 2016. The exhibit includes 18 full color panels. Each panel measures 3' wide x 7'tall x 27" in depth; the concave panels (created to simulate the inside of a plane's fuselage) are light -weight and easily moved into place. The panels present a North Texas -aviation timeline that begins in 1911 and highlights aircraft manufacturing, military, commercial and general aviation throughout the area. Also available are approximately 50 aviation photographs, postcards and personal memorabilia currently showcased in lighted display cases at the archives. The society sees this exhibit, already rich in visuals and well - researched, as an opportunity for the city to bring to its residents and visitors a lesson on the impact of aviation on North Texas. A Starting Point The society wants to add to the exhibit Southlake's aviation history: the stories of area pilots who moved here to be close to the DFW International Airport and helped grow the city; the remembrances of aviators who carved out a handful of small, private grass airstrips Page 2 3C-6 Southlake Historical Society March 9, 2016 beginning in the 1960s; and discussions of the continuing impact the Dallas -Fort Worth International Airport and Alliance Airport have on the economic life of Southlake. Society board members have begun reaching out to residents associated with aviation for their oral histories and personal aviation mementos to be included on display in the exhibit. n addition, the society would like to present speakers and panel discussions about aviation during the exhibit. Dr. Youngblood has offered to introduce the exhibit and participate in any panel discussions. Other speakers could include past city leaders, representatives from the Dallas - Fort Worth International Airport, authors who have researched and written about the importance of aviation to our area and local residents, such as long-time resident and aviator Zena Rucker. The society would like to partner with the Southlake Library during the summer 2016 summer reading program to incorporate the exhibit and aviation -related activities for students. The society has spoken with Southlake librarian Cynthia Pfledderer and youth librarian Stacy Wells about such a partnership. Location of panels inside Southlake Town Hall The society recommends that panels be positioned back-to-back and placed between selected pillars inside Town Hall; this positioning will not in any way obstruct the entrances into the lobby, impede the traffic flow through the lobby or intrude on the entrances to council chambers or the municipal court. When two panels are placed back-to-back, they measure 4.5' deep. Minus the 18" depth of the pillars, each set of back-to-back panels will extend approximately 1.5 feet in front of and behind the pillars. Page 3 3C-7 Southlake Historical Society March 9, 2016 In this image, the circled numbers highlighted in yellow are the suggested locations and numeric flow of the exhibit panels. l War ET 0 Counc r Council Doors Dow$ Y '� -1a"tea r., Z 7'i }{ }< '1017Y 1 I South Entran* Elevator Lobby 6'4 Court Entrance Circle #1 — 2 panels back to back Circle #2 — 2 panels back to back Circle #3 — 4 panels back to back Circle #4 — 2 panels back to back Circle #5 —4 panels back to back Circle #6 — 2 panels back to back Circle #7 —2 panels back to back Circle #8 —2 display cases Page 4 3C-8 Southlake Historical Society March 9, 2016 The Panels Below are photographs of each panel in their timeline order. Elizabeth "Bessie" Coleman, horn in Atlanta. Texas, becomes the first Atncan-American woman a iatnr. Page 5 3C-9 Southlake Historical Society After AmenUN entry into World War \1, the Armv AAA P- N- r,.,. -- March 9, 2016 3C-10 Page 6 Southlake Historical Society March 9, 2016 �3^ t4omTbw 19 astronaut Nan i d Fort Watts. Texas. n t— p sm to wak Page 7 3C-11 Southlake Historical Society frst flit d the Hell -Boeing v 22 Ow". Its developers wo win the CNI- t— — March 9, 2016 Page 8 3C-12 -r to O O N LC)O CD N N More Than 100 Years of Aviation History Aviation has been a part of the culture of North Texas for more than a century. Just a few years after the invention of powered flight, aviation pioneers began taking to the skies over the region. Since then, North Texas has become a global center of innovation in aerospace. This was brought about by a progressive evolution in achievements that span from flight and training in the earliest aircraft made from wood and canvas to the modern design and manufacture of the most advanced helicopters, jets, 1 and rocket systems that push the boundaries of aerospace technology. MANUFACTURING Ira Lpnniui ne rr Ilrapk nr a.w LnnAylHld+n IM,ud, {MrnF IAs/ r.. Well. A—ni N, Axi.Anr. rrxa t,www A.r•r.r4 InnnrlXhNMlI fgwM�lrn /n PMw+ IA niYl" idlM AnMdl. blrni W W, wMIwWM r•M 44MiW nNd111NIrd 1AN W1i IW 11� (yMdlWn rA IM r.kx,� Im" Mludl, III IWKONW, IEWI 1001�- v Am, rrMwMDOW- so Ilan IYI- A nldi I.~0 NW —W h'.• Illln 1 r . Xxl r nrnxar wr+M la w+InlAl►b/M�A r iM n1yH 11 nM rfnp rknlw /aev1, dM MM116 IlHIhNIN A IfINYllal pull d Yv. k" HAApi1'y is GENERAL AVIATION !p wxre Il,.w, a svVd,xv, 1AY111 tN.m IAi h-h dM.w,t ais' slsatxd IW Ili AWI w, Ixvdsv. It,�aihvlt.+lr lMsl n: 'hwc.MY` .,tw the ti Al --rod,o.w.I IIl)j,.\t� — is, w`IWR — 1w x _,tiso l Y j hri ih' ftm, S.V,M W.o to IN woM 4:Vf la•M— db WNi-111,!•h.*-IMIwv114r,x,V et oshWl1it, (MAY, h rywph• Moo, I.Intsid— a�11va.Y wxYM an Its-, is, — I— a.I M*lt 1-1-1s V, t V1VIV,n11w51h 0-A qk• rrwscws rr,.+awwwwwsw. '^^` ww.. 61, COMMERCIAL AVIATION I hanNV to Ile roasonahly goal thy,sc wearner, flat rerrmn. ant Control loeatlon wdhin the nahon, North Terns has become n motor 'nor—mildVlalmn hub. Some at the Ceunhy! IMgeel nominarfial alrhnas and allf-ght cnmpame- Including legendary names like Brdnlff, American. Fern: and Shothwact established haul and/nr headWarters m the Dallas•fal Worth area. The modern ainatron transport n,duslry depends on Nphist—ted systems for almod Mid,pnlonl, reesrvallon5, flight training. Md centralized tight Control operalioiis, many of which were deyefopad a advanced here. The regions network of anports have made �t one of the world's mostimportant air traffic hubs. `wvi �..ci yllaglNlN _- a.VwWint� w'!'•yn PM,lnp w,\ri�M,gYanxl pulM 4wAk 4iPMww�W uY• +v V . ..�... ,tn�ux�nt♦ t�Illi.e�erYlOr Mewnw�nno mrt n� . •ysyydgjsMfw P+a,WFf J..lti''e..: -... 1Y.r,. yyiAagl fw. tnu.. molm f1w .................... A..m ,Mwm MILITW M? AV I AT �nrr`�rJ After America entered World War I in 1917. the United States Army Air Service established military flight training facilities and airfields in North Texas: Love Field in Dallas, Call Field in Wichita Falls. and Rich Field in Waco. That year. the U.S., British and Canadian governments also agreed to loin forces on military flight training and three more airfields were developed near Fort Worth where the Royal Flying Corps trained. Since then, North Texas has played an important role in helping America become the world leading anpower. During World War 11, many new military airfields were constructed throughout the region such as the Fort Worth Army Airfield, known currently as the Fort Worth Naval Air Station Joint Reserve Base. Today, North Texas remains vital to the military for flight training and operations. .,,�. ,�r�,,.,���. ..����xncrs osau xr ■u.owxtK roxx ffi„ap t � gam. wxMi nrm�cau .r i� ust .w�.rtu r. •us s rwn wanx. r s�unwm. rus �wrvmnx xsw na use �'�� nniw.m nx.s uur�ws .rnr.nas erxexwx. n.xs wm.nxs `�� .u..uar. cus rmarr Southlake Historical Society March 9, 2016 Location of display Items inside Town Hall The memorabilia items should be exhibited in four lighted and keyed display cases. The Southlake Library has such cases and is amenable to using them in the exhibit. The society recommends that two cases be placed in the lobby (highlighted circle #8 in lobby image shown above) and the two remaining cases stay in the library. Visitors would be encouraged to continue viewing the exhibit by moving downstairs to the library. There are several maps, aerial photographs and posters ready for hanging that could displayed on the walls of the library as well. Page 14 3C-18 MR 'G 1 dve� Southlake Historical Society March 9, 2016 1 r< Vernon Castle (1887.1918) crashed at the age of 31 in Benbrook, Texas, having accomplished more in his short life than many do in three times the years. He and his bride Irene have been hailed as the first pop superstars of the 20th century. During World War 1, Vernon joined the Royal Flying Corps, was quickly commissioned as an officer, and flew 300 combat missions. He shot down two German planes and was awarded the French Croix de Guerre. He returned to the U.S. to teach aviation. On February 15, 1918, while successfully avoiding crashing into a cadet -piloted plane, Vernon nose dived from only 75 feet. Vernon's pet monkey, Jeffrey, who was with him at the time survived the crash unharmed. The former Benbrook Field where the crash occurred is now a housing development - a sculpture of a metal biplane by Benbrook resident David Crutchfield memorializes the site. FORT WORTH STAR -TELEGRAM ... B1N6 t Ff�ghtEnds 1st Non -Stop Global Fort Worth to Fort Worth' 89 Air -toaAir Aeluelinq e WORLD 3C-21 Page 17 Southlake Historical Society March 9, 2016 The society thinks the city has a unique opportunity. The society has presented programs in the past about the importance of aviation to Southlake, but nothing like this exhibit. Already rich with information about North Texas, this exhibit would be a starting point. We are willing to do the work to gather Southlake residents' aviation oral histories and memorabilia which will give another dimension to the exhibit. As for what the exhibit would cost, the Tarrant County Archives has been very positive about loaning the exhibit to the city at no cost for a time period to be determined by the city. In addition, since the archives is under the auspices of the Tarrant County Commissioner's Court, Dr. Youngblood has been very open about the possibility of the county helping with cost of transporting the panels and individual display items to and from Southlake. As a side note, the society is lucky to have the continuing support of a member of that court, Commissioner Gary Fickes, who as you may know, is the original founder of the Southlake Historical Society and is a lifetime member. We feel certain that Commissioner Fickes will be open to any needs the city and the society may have in making sure this exhibit is up to the expectations of city staff, city council and Southlake residents. We look forward to discussing the possibilities of this exhibit in more detail at your convenience. Thank you. Southlake Historical Society board members Connie Cooley, president Tamara McMillan, vice president programs Emily Galpin, vice president membership Bruce McGaha, vice president communications Rebecca Utley, secretary Lou Ann Heath, treasurer Anita Robeson, historian 3C-22 Page 18 Southlake Arts Council Attendance Report Place Name 1/8/16 2/9/16 3/28/16 4/25/16 5123116 6/27/16 7/25/16 8/22/16 9/26/16 10/24/16 11/28/16 12/26/16 Individual Attendance Rate HrsTo Date Miriam Murray Tamara McMillanMeeting Attendance Rate (includes substitutions) IMMENEEMENEEMEME Packet Insert - 2016 Attendance Report Average Monthly Attendance Rate 2016 75% In attendance x Not in attendance, no substitute i Substitute in attendance • Vacant position Meeting Canceled 1 Meeting Canceled due to no quorum Change in Representative