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2021-09-28 SLAC PacketSouthlake Arts Council Meeting September 28, 2021 CITY OF SOUTHLAKE MEMORANDUM September 24, 2021 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, September 28, 2021, at 6:00pm The meeting will be held on Tuesday, September 28, 2021 at Champions Club Hall of Fame rooms. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez(cDci. southlake. tx. us Regular Agenda: Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. 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. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less. 3. Agenda Item No. 3. Consent A. ADDroval of the minutes from the Auaust 24, 2021 Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. B. Approve cancelling the December 28,2021 Southlake Arts Council meeting 4. Agenda Item No. 4. Consider A. Recommendation on Permit for the Southlake Historical Societv Art Exhibit- The purpose of this item is to allow the Arts Council to discuss and make a recommendation regarding a renewal of the permit for the Southlake Historical Permanent Collection art exhibit which expired on September 30, 2020. A copy of the previous permit and Public Art Display Policy are included in your packet. 5. Agenda Item No. 5. Discussion A. Bob Jones Art installation update- This item allows for an update on the installation of the Bob Jones Art. No packet document. Southlake Arts Council Meeting September 28, 2021 B. Bob Jones Art plaque update- This item allows for an update on the memorial plaque to be placed with the new Bob Jones Art to be installed. No packet document. C. Aria Soundboard Meeting update- This item allows for an update on the current sound system in place at Aria Amphitheater and potential upgrades. No packet document. D. Fall Exhibit Update and Alcohol Variance- This item allows for an update regarding the fall exhibit to be hung in Town Hall. A copy of the Public Art Display Permit and Artist Agreement and the signed Alcohol Variance is included in your packet. E. Southlake Presents Update- This item allows for an update on the progress of the Southlake's Got Talent program. No packet document. F. FY 2022 Projects- This item allows for the discussion of any potential FY 2022 projects for Arts Council. No packet document. G. Annual Tree Lighting Event- This item allows for the discussion of the Arts Council to potentially have a booth at the Annual Tree Lighting Event. No packet document. H. Arts Council Bylaws review- This item allows for the review of the Arts Council Bylaws. No packet document. Process for Discarded City Signs- This item allows for the discussion of the City's process for discarding outdated city signs and how Arts Council can acquire them. No packet document. 6. Agenda Item No. 6. Adjournment 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. Liaison Contact Information: Milenka Lopez Assistant to the Director STAFF CONTACT INFORMATION: Southlake Arts Council Meeting September 28, 2021 Telephone- (817) 748-8963 Facsimile- (817) 748-8027 285 Shady Oaks Drive, Southlake, Texas 76092 Milenka Lopez, Assistant to the Director, mlopez@ci.southlake.tx.us Vicky Schiber, Community Relations Manager, vschiber@ci.southlake.tx.us CITY OF SOUTI-HLAKE SOUTHLAKE ARTS COUNCIL Tuesday, September 28, 2021 Location: The Marq Southlake Champions Club- Hall of Fame Classroom 285 Shady Oaks Blvd. Southlake, Texas 76092 Time: 6:00 p.m. Regular Agenda: 1. Call to Order 2. 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.) 3. Consent A. Approve the minutes from the August 24, 2021 Southlake Arts Council meeting B. Approve cancelling the December 28, 2021 Southlake Arts Council meeting 4. Consider A. Recommendation on Permit for the Southlake Historical Society Art Exhibit 5. Discussion A. Bob Jones Art installation update B. Bob Jones Art plaque update C. Aria Soundboard meeting update D. Fall Exhibit Update and Alcohol Variance E. Southlake Presents Update F. FY 2022 Projects Update G. Annual Tree Lighting Event Partnership with Southlake Library H. Arts Council Bylaws review City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — September 28, 2021 Page 2 of 2 Process for Discarded City Signs 6. Adjournment CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on lSeptember 24, 2021 by 6:00 p.m. pursuant to Chapter 551 of the Texas GovernmentCode. ,%%GUT H / Veronica Lomas AMC`; v Deputy City Sec iy : U, If you plan to attend this public Tn@etiqqand hive a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonat�le#cd6m dations will be made to assist �/1111111111\\ City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: AUGUST 24, 2021 LOCATION: The Marq Southlake 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice Chair Jesika Cook and Secretary Beatriz Terrazas and Southlake Arts Council members; Deanna Kienast and Terri Messing SOUTHLAKE ARTS COUNCIL ABSENT: Council members Heather Engelhardt, Mimi Tran, and Alternate #1 Nadia Hassan STAFF PRESENT: Community Relations Manager Vicky Schiber and Assistant to the Director Milenka Lopez REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 5:59 p.m. 2. PUBLIC FORUM Chair Tamara McMillan opened the Public Forum at 5:59 p.m. There being no one present to address the Arts Council, the Public Forum was closed at 5.59 p.m. 3. CONSENT AGENDA 3A. APPROVAL OF THE MINUTES FROM THE MAY 25, 2021 SOUTHLAKE ARTS COUNCIL MEETING /_1»:Z91T/ 4 17 A motion was made to approve the minutes of the May 25, 2021 Southlake Arts Council meeting with no corrections. Motion: Cook Second: Kienast Ayes: Cook, Kienast, McMillan, Messing, Terrazas City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-1 Minutes of the August 24, 2021 Southlake Arts Council Meeting Page 2 of 5 Nays: None Abstain: None Vote: 5-0 4. CONSIDER 4A. RECOMMENDATION ON RENEWAL OF COMMUNITY SERVICES AGREEMENT WITH APEX ARTS LEAGUE FOR THE TERM OCTOBER 1, 2021—SEPTEMBER 30, 2024 Community Relations Manager Vicky Schiber presented the Community Services Agreements with APEX Arts League for Arts Council's recommendation. APPROVED A motion was made to recommend approval of the Community Services Agreements with APEX Arts League as presented. Motion: Cook Second: Terrazas Ayes: Cook, Kienast, McMillan, Messing, Terrazas Nays: None Abstain: None Vote: 5-0 4A. RECOMMENDATION ON RENEWAL OF COMMUNITY SERVICES AGREEMENT WITH ARTS COUNCIL NORTHEAST FOR THE TERM OCTOBER 1, 2021—SEPTEMBER 30, 2024 Community Relations Manager Vicky Schiber presented the Community Services Agreements with Arts Council Northeast for Arts Council's recommendation. APPROVED A motion was made to recommend approval of the Community Services Agreements with Arts Council Northeast as presented. Motion: Cook Second: Terrazas Ayes: Cook, Kienast, McMillan, Messing, Terrazas Nays: None Abstain: None Vote: 5-0 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-2 Minutes of the August 24, 2021 Southlake Arts Council Meeting Page 3 of 5 5. DISCUSSION 5A. BOB JONES ART INSTALLATION UPDATE Assistant to the Director Milenka Lopez presented an update for the Bob Jones Art installation to the Arts Council and was available to answer questions. Direction to Staff: Continue providing Arts Council updates on the install and dedication dates. 5B. BOB JONES ART PLAQUE UPDATE Community Relations Manager Vicky Schiber presented the Bob Jones Art plaque update to the Arts Council and was available to answer questions. Direction to Staff: Adjust wording format as needed. 5C. ARIA- SOUNDBOARD MEETING UPDATE Community Relations Manager Vicky Schiber presented item 5C for discussion and was available to answer questions. Direction to Staff: Review item 5C with Council Member Kathy Talley. 5D. HISTORICAL SOCIETY PRINT AGREEMENT UPDATE Community Relations Manager Vicky Schiber presented item 5D for discussion and was available to answer questions. Direction to Staff: Include item 5D as an action item for the next scheduled Arts Council Meeting. 5E. FALL EXHIBIT UPDATE Community Relations Manager Vicky Schiber presented item 5E for discussion and was available to answer questions. Direction to Staff: Update the art hanging date to September 30th, finalize the art pieces, and change reception date to October 3rd from 5:00 p.m.- 6:30 p.m. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-3 Minutes of the August 24, 2021 Southlake Arts Council Meeting Page 4 of 5 5F. SOUTHLAKE'S GOT TALENT UPDATE Council Members Terri Messing and Deanna Kienast presented item 5F to the Arts Council and was available to answer questions. Direction to Staff: None. Note: Event name is titled- Southlake Presents 5G. FY2022 PROJECTS Arts Council Chair McMillan presented item 5G to the Arts Council and was available to answer questions. Direction to Staff: Update the Arts Council when a bus driver has been hired. 5H. PUBLIC ART (DOVE AND CARROLL) LANDSCAPE UPDATE Assistant to the Director Milenka Lopez presented item 5H to the Arts Council and was available to answer questions. Direction to Staff: None. 51. ANNUAL TREE LIGHTING EVENT Arts Council Chair McMillan presented item 51 to the Arts Council and was available to answer questions. Direction to Staff: Discuss craft ideas at next Arts Council meeting. 141111»_1:i 1•'Y0161111111► IN f1111111 WWATIT&I N ATl I ATM Community Relations Manager Vicky Schiber presented item 5J for discussion and was available to answer questions. Direction to Staff: Follow up with the CSO regarding Arts Council Bylaws and members absences. Send Bylaws to current Arts Council members. 6. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 7:16 p.m. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-4 Minutes of the August 24, 2021 Southlake Arts Council Meeting Page 5 of 5 Motion: Cook Second: Terrazas Ayes: Cook, Kienast, McMillan, Messing, Terrazas Nays: None Abstain: None Vote: 5-0 Tamara McMillan, Chair Attest: Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-5 CITY OF SOUTHLAKE MEMORANDUM September 28, 2021 To: Southlake Arts Council From: Milenka Lopez, Assistant to the Director Subject: Recommendation on Permit for the Historical Art Exhibit Action Requested: Southlake Arts Council recommendation to not further extend the time of the permit for "Southlake Historical Permanent Collection" art exhibit in Town Hall lobby through a date to be determined. Background Information: Earlier this year, the Southlake Historical Society (SHS) 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, 2020. Based on direction from the Arts Council, the expired permit for "Southlake Historical Permanent Collection" is presented for Art Council consideration at this time. City Council approved the permit from Southlake Arts Council and the Southlake Historical Society in April 2017 granting an extension of the exhibit until September 30, 2020. 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. As the exhibit has been on display since 2015, non -approval of an extension of the permit through a date to be determined, would provide opportunity for visitors to Town Hall to enjoy and appreciate a new exhibit. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Southlake Arts Council Meeting Date — September 28, 2021 Page 2 of 2 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 September 28, 2021 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 • A copy of the 2017 approved permit • Public Art Display and Performance Policy Recommendation: Southlake Arts Council recommendation to not recommend a proposed extension to the permit for the historical art exhibit, "Southlake Historical Permanent Collection" through a date to be determined. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 CITY or SOUTH L KE MEMORANDUM April 11, 2017 To: Shana Yelverton, City Manager From: Jenni Lanier, Community Relations Manager 4C-1 Subject: Approve the Extension of the Southlake Historical Photographs Exhibit in Town Hall until September 30, 2020 Action Requested: City Council approval of an extension to the time for the "Southlake Historical Society Permanent Collection" exhibit of photographs of early Southlake, in Town Hall lobby through September 30, 2020, contingent upon available time and space Background Information: City Council initially approved the permit from Southlake Arts Council and the Southlake Historical Society in June 2015 to allow the historical photograph 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. The currently proposed extended exhibit will consist of 10-12 assorted historical photographs selected by the Southlake Historical Society. The photographs will be rotated to provide a variety of historical experiences. The photo exhibit was originally known as "A Walk Through Time: Historical Photographs of Southlake" but was renamed "Southlake Historical Society Permanent Collection" at the March 28, 2017 Arts Council meeting. Several examples of the photographs to be included in the exhibit are attached to the memo for your review. The proposed extended historical exhibit will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. For the extended exhibit, 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. An extension of the exhibit complies with provisions of the Public Art Display and Performance Policy that allows City Council to approve an extension upon recommendation by the Southlake Arts City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-3 Shana Yelverton, City Manager Meeting Date — April 18, 2017 Page 2 of 2 4C-2 Council. The Arts Council recommended approval (4-0-1) of the extension at their March 28, 2017 meeting. Approval of an extension of the permit through September 30, 2020 will provide additional opportunities for visitors to Town Hall to enjoy and appreciate the photographs taken of Southlake's varied and rich history. Financial Considerations: There is no additional cost to the City for the extended art exhibit. 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 recommended approval of the exhibit extension (4-0-1) March 28, 2017. Arts Council member Tamara McMillan abstained due to membership in Southlake Historical Society. City Council consideration April 18, 2017 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: • Approve the exhibit extension as presented • Approve the exhibit extension with modifications • Decision not to approve the exhibit extension Supporting Documents: Examples of photographs included in the Collection Southlake Historical Society Permit Recommendation: City Council approval an extension to the time for the "Southlake Historical Society Permanent Collection" exhibit of photographs of early Southlake, in Town Hall lobby through September 30, 2020, contingent upon available time and space City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-4 4C-3 Examples of the 10-12 photographs of early Southlake included in the Southlake Historical Society Permanent Collection exhibit 4 ai Item 4A-5 Southlake Arts Council Public Art Display and/or Performance Facility and Property Use Permit 4C - 4 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, 2020 Type of Display or Performance: 1) The extended exhibit consists of 10-12 assorted historical photographs selected by the Southlake Historical Society. The photo exhibit of Southlake history was originally known as "A Walk Through Time: Historical Photographs of Southlake" but was renamed "Southlake Historical Permanent Collection" at the March 28, 2017 Arts Council meeting. 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, 2020, contingent 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 S iLA�d4� Aes League. Public Art Display and/or Performance Facility and Property Use Permit Page 2 4C - 5 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 Item 4A-7 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) Item 4A-8 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) Item 4A-9 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) Item 4A-10 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) Item 4A-11 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) Item 4A-12 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) Item 4A-13 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) Item 4A-14 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) Item 4A-15 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) Item 4A-15 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) Item 4A-17 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) Item 4A-18 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) Item 4A-19 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy 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: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby Person Responsible: Milenka Lopez Cell Phone: 469-774-3613 Address: 285 Shady Oaks Dr Alternative Contact: Name: Terri Messing Phone Number: 817-307-2224 CONTACT INFORMATION Phone: 817-748-8963 E-Mail Address: mlopez .ci.southlake.tx.us City: Southlake State: TX Zip: 76092 E-mail: terrimessing(d_)verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Date: October 3, 2021, 5:00-6:30 pm Type of Display or performance: Southlake Art Council and APEX Arts League Annual Fall Art Reception and Exhibit Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will be held to kick-off the art exhibit. 2. Exhibit- The exhibit will consist of assorted art pieces selected by the Southlake Arts Council Organization Represented: Southlake Arts Council and APEX Arts League Non -Profit: Yes X No Is this display or performance to include a fundraiser? 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). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Yes _X No Item 5D-1 Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X_ No Yes X No Item 5D-2 ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Artist) Deanna Kienast This Art Exhibit Agreement ("Agreement") is made and entered into this 28 day of September, by and between the City of Southlake, Texas ("City"), a Home -Rule Municipal Corporation and Deanna Kienast ("Artist") on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from October 3, 2021 through November 17, 2021 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 September 30, 2021 through November 17, 2021. 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 November 17, 2021 ("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 ("21D") Artwork shall be wired for hanging and three dimensional ("31D") artwork must be ready for installation immediately Item 5D-3 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. Item 5D-4 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY'S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City's event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This Agreement is governed by the laws of the State of Texas. In the event that any dispute arising Item 5D-5 under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. C. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: Item 5D-6 If to the Artist: Attn: Deanna Kienast If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison, Milenka Lopez 285 Shady Oaks Dr. 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. Item 5D-7 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: ARTIST: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 DATE: DATE: Item 5D-8 CITY OF SOUTHLAKI MEMORANDUM September 24, 2021 To: Shana K. Yelverton, City Manager From: Milenka Lopez, Assistant to the Director of Community Services Subject: Request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for FY2022 Fall Exhibit Reception Action Requested: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for FY2022 public art Fall Exhibit Background Information: FY2022 Event Annual. Southlake Arts Council and APEX Arts League Fall Art Exhibit Reception, Sunday, October 3, 5-OOPM-6.30PM All receptions will be held after business hours. A certificate of liability insurance, meeting or exceeding all city liability requirements, will be provided to the Community Relations Manager prior to each event. Receptions will include entertainment and refreshments. The event sponsor (APEX) feels serving wine during the reception will enhance the event, encourage attendance, increase participation in arts and culture, and will create the feel of a true upscale gallery reception. APEX Arts League will comply with all TABC regulations and will hire an off -duty police officer to encourage a safe and enjoyable atmosphere during the event. Insurance coverage with the City named as an additional insured has also been obtained by Apex. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 5D-9 A variance to the Facility Use Policy that prohibits the possession or the consumption of alcoholic beverages in City facilities may be granted, upon request, at the discretion of the City Manager. Each year since FY14 the City Manager has approved a similar variance request for annual gallery exhibits. Staff Recommendation: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for FY 2022 public art event. APPROVAL: all 12 as City Manager Date �J/Pzly &IIA -22- Director of t6Wmunity Services Date City of Soufhlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 5D-10