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2017-03-28 SLAC PacketC il'Y or SOUTH L KE MEMORANDUM March 23, 2017 TO: Southlake Arts Council FROM: Jenni Lanier, Community Relations Manager SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting — Tuesday, March 28, 2017 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. 1. Call To Order 2. Agenda Item No. 2. Consent A. Approve minutes from the regular Southlake Arts Council meeting held February 28, 2017. Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item No. 3. Consider A. Recommendation on an Extension to the Permit for a Historical Art Exhibit — Based on direction of the Arts Council at the last meeting, a permit for "A Walk Through Time: Historical Photographs of Southlake," is presented for your recommendation to City Council. City Council previously approved an extension to the original permit to allow the display in Town Hall lobby until September 30, 2016. The Southlake Historical Society now proposes an extension of the permit to allow the exhibit to be displayed in the Town Hall lobby area through September 30, 2018, or a date to be determined, based on the availability of space and time. Your packet memo provides details on the request and a copy of the proposed permit for your review. Staff will provide a presentation at the meeting. 4. Agenda Item No. 4. Discussion A. Public Art Projects Update — Current and upcoming public art projects will be discussed. No packet documents. Lyman Whitaker Sculpture Project — Staff will update the Council on the Lyman Whitaker sculpture project and its relocation from Frank Edgar Cornish, IV Park. At the January and February meetings, the Arts Council reviewed several potential locations for the sculpture, and initially suggested dividing the sculpture into two pieces and place on both sides of Rustin Park City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — March 28, 2017 Page 2 of 3 pavilion. However, upon further investigation the area was determined not ideal for the sculpture since an electrical box is on the east side and a single sculpture on the west side would not complement the total symmetrical appearance of the Park. At the February meeting, members previewed alternative locations in Rustin Park on the sidewalk pad sites across from Victoria's Secret (east side) and a luggage store (west side). Due to the proximity to the street and other factors, the Arts Council felt the alternative sites were not suitable for the sculpture. Board members suggested looking at the "Hill" in Bicentennial Park near the log cabin, Summit Park, and Central Park as potential locations for the sculpture. Concept drawings of the suggested locations will be provided for discussion at the meeting. A consider item may be put on the April agenda to allow the Arts Council to take formal action based on the discussion at this time. Southlake Senior Funding Inc. Senior Art Event — Arts Council member Miriam Murray will update the Council on plans for the Southlake Senior Funding, Inc. (SSFI) Senior Art Faire event on June 23, 2017. At the February meeting, Arts Council was informed about items SSFI had requested assistance with, including copies, "People Choice" forms, programs, art display labels, Southlake Arts Council logo, and volunteers for set up and tear down. B. Fort Worth Symphony Orchestra Opportunities — The Arts Council will receive an update from Terri Messing about the Fort Worth Symphony family concert at The Marq Southlake Aria on May 7, 2017 and the "Concert in the Garden" on May 26, 2017 at the White Chapel United Methodist Church, and other opportunities. No packet documents. 5. Agenda Item No. 4. 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. 6. For Your Information — Attendance Report — A copy of the Southlake Arts Council attendance report is included in your packet. We appreciate your commitment and service to the City. JL STAFF CONTACT INFORMATION: Telephone — (817) 748-8019 Facsimile — (817) 748-8027 1400 Main Street, Ste. 210, Southlake, Texas 76092 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — March 28, 2017 Page 3 of 3 Chris Tribble, Director of Community Services (817) 748-8021; ctribble(cD.ci.southlake.tx.us Jenni Lanier, Community Relations Manager (817) 748-8018; IlanierCCDci.southlake.tx.us Linda Carpenter -Elgin, Secretary, (817) 748-8184; IcarpenterCcDci.southlake.tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday, March 28, 2017 Location: Southlake Town Hall 1400 Main Street, 3rd Floor Room 3D Southlake, Texas 76092 Time: 6:00 P.M. Reaular Agenda: 1. Call to Order 2. Consent A. Approval of the minutes from the February 28, 2017 Southlake Arts Council meeting 3. Consider A. Recommendation on an extension to the permit for a Historical Art Exhibit 4. Discussion A. Public Art Projects Update B. Fort Worth Symphony Orchestra Update 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. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, Rp%Frirlayj March 24, 2017 by 6:00 p.m. pursuant to Chapter 551 of the exasPlarnmentCode.,c`p�?Hcmtk� % m ,s . fXhQ ®�•A ®�sce Lori Payne, TF City Secretary If you plan to attend this public meeting`trP4 hake-Witpt511ity that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accomMWatlongllill be made to assist City of Southlake Values: Integrity + Innovation + Accountability + Commitment to Excellence + Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING, FEBRUARY 28, 2017 LOCATION: Town Hall, 3rd Floor Room 3D Southlake, Texas TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Leslie Bartlett, Vice Chair Miriam Murray and Southlake Arts Council members Merlene Ingraham, Tamara McMillan and Kelly Trager (Alternate 1) SOUTHLAKE ARTS COUNCIL ABSENT: Secretary Jesika Cook, Terri Messing and Devika Seth GUESTS: Connie Cooley, Chairman of Southlake Historical Society, and Gaylene Schueller STAFF PRESENT: Jenni Lanier, Community Relations Manager REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chairman Leslie Bartlett called the meeting to order 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 24, 2017 SOUTHLAKE ARTS COUNCIL MEETING There were no corrections or changes to the January 24, 2017 meeting minutes. A motion was made to approve the minutes of January 24, 2017 meeting as read. Motion: Trager (Alternate #1) Second: McMillan Ayes: Bartlett, Ingraham, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A - 1 Minutes of the February 28, 2017 Southlake Arts Council Meeting Page 2 of 4 Vote: 5-0 3. DISCUSSION 3A. "A WALK THROUGH TIME: HISTORICAL PHOTOGRAPHS OF SOUTHLAKE" ART EXHIBIT Southlake Historical Society Chairman Connie Cooley petitioned the Arts Council to consider an extension to the permit for the art exhibit, "A Walk Through Time: Historical Photographs of Southlake," in the Town Hall lobby area. The previous extension approved by City Council expired September 30, 2016. Ms. Cooley and Community Relations Manager Jenni Lanier responded to questions. The Arts Council agreed to move forward with a formal recommendation on an extension to the permit for the art exhibit at their March meeting. 3B. ART GALLERY RECEPTION FEBRUARY 19, 2017 AND STROKES OF ART IN THE SQUARE ART EXHIBIT FEBRUARY 17 — APRIL 28, 2017 IN TOWN HALL LOBBY Community Relations Manager Jenni Lanier led the discussion to recap the February 19, 2017 Strokes of Art In the Square art gallery reception. The art gallery reception was considered very successful and well -attended with over 200 people in attendance. Arts Council and staff expressed positive comments about the event, the sponsors, food, music, decorations, and marketing. Suggestions for next year's event are: use the same musician, provide wine coolers, have small tables for children and handicapped -accessible tables. 3C. FORT WORTH SYMPHONY ORCHESTRA OPPORTUNITIES In APEX representative and Arts Council member Terri Messing's absence, Community Relations Manager Jenni Lanier provided an update on the Fort Worth Symphony Orchestra events in Southlake on May 7, 2017 at The Marq Southlake Aria and May 26, 2017 at White Chapel United Methodist Church. 3D. PUBLIC ART PROJECTS UPDATE Lyman Whitaker Sculpture Project — Community Relations Manager Jenni Lanier provided an update on the proposed sculpture location in Rustin Park. Rustin Park contains an electrical box in the proposed area on the east side of the pavilion and a grassy space on the west side. The sculpture would not be feasible on the east side next to the box and a sculpture on the west side would not complement the overall symmetrical look of the Park. Therefore staff proposed an alternative location in Rustin Park at the walkway pads almost directly across from Victoria's Secret on the east side and the luggage store on the west side. Arts Council reviewed preliminary concepts provided by the artist of the alternative walkway pad sites. Concerns were expressed about those City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-2 Minutes of the February 28, 2017 Southlake Arts Council Meeting Page 3 of 4 locations and the Arts Council suggested staff investigate other possible sites, including the "Hill" in Bicentennial Park near the log cabin, Summit Park and Central Park. Preliminary concepts of these suggested sites will be presented for Arts Council discussion at the March meeting. Southlake Senior Fundina, Inc. (SSFI) Art Exhibit June 23, 2017 Southlake Arts Council Vice Chair Miriam Murray provided an update on the Senior Art Exhibit in June and responded to questions. SSFI has requested Arts Council assistance with copies of the application, "People Choice" forms, programs, art display labels, Southlake Arts Council logo, and volunteers for set up and tear down. Staff will provide the Arts Council logo to Miriam Murray for the program and flyers. Community Relations Manager Jenni Lanier responded to questions concerning sales by artists at the event and the capacity of the Aria at The Marq Southlake. 4. PUBLIC FORUM Chairman Bartlett opened the Public Forum. Gaylene Schueller, Southlake resident, said while visiting Town Hall, she saw the sign for the meeting and decided to attend. Ms. Schueller spoke about volunteering and opportunities to participate in the community. There being no one else to speak, Public Forum was closed. 5. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 6:50 p.m. Motion: McMillan Second: Murray Ayes: Bartlett, Cook, Messing, McMillan, Murray and Trager Nays: None Abstain: None Vote: 6-0 Motion Carried Attest: Leslie Bartlett, Chair 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 2A-3 Minutes of the February 28, 2017 Southlake Arts Council Meeting Page 4 of 4 NOTE: Four (4) of the regular seven (7) members of the Southlake Arts Council were present for this meeting. In the absence of Southlake Arts Council members Terri Messing, Devika Seth and Jesika Cook, Southlake Arts Council Alternate #1, Kelly Trager, participated. An Alternate may sit as a regular member in the event of an absence of one or more regular members per Ordinance No. 908, Section 2. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-4 CITY or SOUTH L KE MEMORANDUM March 14, 2017 To: Southlake Arts Council From: Jenni Lanier, Community Relations Manager Subject: Recommendation on an Extension to the Permit for a Historical Art Exhibit Action Requested: Southlake Arts Council recommendation to extend the time of the permit for "A Walk Through Time: Historical Photographs of Southlake" art exhibit in Town Hall lobby through September 30, 2018, or a date to be determined. Background Information: At your February meeting Southlake Historical Society (SHS) chairman Connie Cooley made an appeal for an additional extension of time for the historical exhibit since the original extension granted by City Council had expired on September 30, 2016. Based on direction from the Arts Council, a permit for "A Walk Through Time: Historical Photographs of Southlake" is presented for Art Council consideration at this time. City Council initially approved the permit from Southlake Arts Council and the Southlake Historical Society in June 2015 to allow the art gallery exhibit to be displayed in the Town Hall lobby area September 10, 2015-October 23, 2015. Because of the exhibit's wide appeal and public interest, in November 2015 City Council granted an extension of the exhibit until September 30, 2016. An extension of time for an exhibit may be granted by City Council upon recommendation by Southlake Arts Council in compliance with provisions of the Public Art Display and Performance Policy. Regarding extensions, Section 4.6 of the Public Art Display and Performance Policy states, "...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."A copy of the Policy is included in your packet. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A - 1 Southlake Arts Council Meeting Date — March 28, 2017 Page 2 of 3 The proposed extended historical exhibit will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. The artwork may be temporarily taken down and stored, allowing for temporary exhibits. Following the end of temporary exhibits, the extended exhibit will be restored. Approval of an extension of the permit through September 30, 2018, or a date to be determined, would provide additional ample opportunity for visitors to Town Hall to enjoy and appreciate the photographs taken of Southlake's varied and rich history. A copy of the proposed permit from Southlake Historical Society for the extension of the exhibit is attached to the memo for your consideration. Based on direction by the Arts Council, City Council may consider the proposed extension at their April 18, 2017 meeting. Financial Considerations: Not Applicable Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of promote opportunities for partnerships and volunteer involvement and provide attractive and unique spaces for enjoyment of personal interests. Citizen Input/ Board Review: Southlake Arts Council consideration March 28, 2017 Legal Review: Not Applicable Alternatives: Supporting Documents: • Direction to staff to place the item on a City Council agenda • Direction to staff to take no further action • Direction to staff as determined by the consideration of the item • Permit from Southlake Historical Society • Public Art Display and Performance Policy Recommendation: Southlake Arts Council recommendation on a proposed extension to the permit for the historical art exhibit, "A Walk Through Time: City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-2 Southlake Arts Council Meeting Date — March 28, 2017 Page 3 of 3 Historical Photographs of Southlake" through September 30, 2018, or a date to be determined. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-3 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: Jenni Lanier, on behalf Southlake Historical Society & Southlake Arts Council Phone: 817.748.8186 Cell Phone: 214.564.8426 E-Mail Address: 0Ian ier(a�ci.south lake.tx.us Address: 1400 Main Street #210 City: Southlake State: TX Zip: 76092 Alternative Contact: Connie Cooley Phone Number: 817.223-9606 E-mail: cecooley(aD_verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Date(s): 1) Extended exhibit display, contingent upon available space and time, through September 30, 2018, or date to be determined. Type of Display or Performance: 1) The extended exhibit consists of 10-12 assorted historical photographs selected by the Southlake Historical Society. The theme of the exhibit is the History of Southlake. Photographs will be rotated to provide a variety of photo experiences. Duration of Event(s) or Performance: 1) The art exhibit duration was originally approved for two months, September 10, 2015-October 23, 2015, but was extended to September 30, 2016. The current request is to extend the duration until September 30, 2018, or a date to be determined, based on available space and time. 2) The exhibit may be temporarily taken down and stored, allowing for temporary exhibits. Following the end of temporary exhibits, the extended exhibit will be restored. Detailed Information including a wall or floor space plan, display or performance details, including planned activities and/or any equipment/special needs required: 1) The extended art exhibit will include 10-12 historical photographs selected by the Southlake Historical Society and approved by the Southlake Arts Council. The theme was selected to help promote the History of Southlake. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council, the Southlake Historical Society, and APEX Arts League. Public Art Display and/or Performance Facility and Property Use Permit Page 2 Organization Represented: Southlake Arts Council, APEX Arts League, Southlake Historical Society. 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 3A-5 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. 04/19/2016 City Council Approved (7-0) 3A-6 Public Art Display and/or Performance Policy Page 2 of 12 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. 04/19/2016 City Council Approved (7-0) 3A-7 Public Art Display and/or Performance Policy Page 3 of 12 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, 04/19/2016 City Council Approved (7-0) 3A-8 Public Art Display and/or Performance Policy Page 4 of 12 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. 04/19/2016 City Council Approved (7-0) 3A-9 Public Art Display and/or Performance Policy Page 5 of 12 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. 04/19/2016 City Council Approved (7-0) 3A - 10 Public Art Display and/or Performance Policy Page 6 of 12 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 04/19/2016 City Council Approved (7-0) 3A - 11 Public Art Display and/or Performance Policy Page 7 of 12 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. 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 04/19/2016 City Council Approved (7-0) 3A - 12 Public Art Display and/or Performance Policy Page 8 of 12 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. 04/19/2016 City Council Approved (7-0) 3A - 13 Public Art Display and/or Performance Policy Page 9 of 12 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 04/19/2016 City Council Approved (7-0) 3A - 14 Public Art Display and/or Performance Policy Page 10 of 12 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. 04/19/2016 City Council Approved (7-0) 3A - 15 Public Art Display and/or Performance Policy Page 11 of 12 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. 04/19/2016 City Council Approved (7-0) 3A - 16 Public Art Display and/or Performance Policy Page 12 of 12 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: 04/19/2016 City Council Approved (7-0) 3A - 17 Southlake Arts Council Attendance Report Place Name 1/24/17 2128/17 3/28/17 4125/17 5/23/17 6127117 7125117 8/22/17 9126117 10/24/17 11/28/17 12/26/17 Individual Attendance Rate Hrs To Date Meeting Attendance Rate (includes substitutions) Total Hirs Per Month Average Monthly Attendance Rate 2017 69% In attendance X Not in attendance, no substitute M Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum Change in Representative Packet Insert - Southlake Arts Council Attendance Report