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2024-02-27 SLAC PacketSouthlake Arts Council Meeting February 27, 2024 CITY OF SOUTHLAKE MEMORANDUM February 23, 2024 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, February 27, 2024, at 6:00 PM The meeting will be held on Tuesday, February 27, 2024, at the Legends Hall Legacy Meeting Rooms Ill. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez(�ci.southlake.tx.us Regular Agenda: 1. 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 this proceeding, the Arts Council will not discuss or act on any item presented. 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. Approval of the minutes from the January 23, 2024, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 4. Agenda Item No. 4. Consider A. ADDrove Public Art DisDlav Permit for the Southlake Historical Societv Exhibit for July- August 2024 — The purpose of this item is to approve the public art display permit for the Southlake Historical Society Summer Exhibit for display at the Southlake Town Hall lobby in July 2024. The permit application and the Public Art Display Policy are included in your packet. 5. Agenda Item No. 5. Discussion Southlake Arts Council Meeting February 27, 2024 A. DPS West Art - The purpose of this item is to provide an update on the DPS West art project. No packet document. B. Veterans Memorial- The purpose of this item is to provide an update on the Veterans Memorial project. No packet document. C. Southlake Presents- The purpose of this item is to provide an update on Southlake Presents. No packet document. D. Dowdle Opportunity- The purpose of this item is to provide an update on the Dowdle project. No packet document. E. Public Art Updates - This item allows the Arts Council to discuss Public Art updates. No packet document. F. APEX Updates - This item allows for an update on APEX programming. No packet document. 6. Agenda Item No. 6. Adjournment We appreciate your commitment and service to the City. Liaison Contact Information: Milenka Lopez Assistant to the Director STAFF CONTACT INFORMATION: 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, vsch i ber(a-_)ci. south lake.tx. us CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday, February 27, 2024 LOCATION: The Marq Southlake Legends Hall- Legacy Meeting Room III 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. Regular Agenda: Call to Order 2. Public Forum (This is the Public's opportunity to address Southlake Arts Council about non -agenda items. During this proceeding, Southlake Arts Council will not discuss, consider, or act 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 January 23, 2024, Southlake Arts Council meeting 4. Consider A. Approve Public Art Display Permit for the Southlake Historical Society Exhibit for July -August 2024 5. Discussion A. DPS West Art B. Veterans Memorial C. Southlake Presents D. Dowdle Opportunity E. Public Art Updates F. APEX Updates 6. Adjournment A quorum of the City Council, Board, Commission, or Committee may or may not 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, Te,1c S%` i ft, February 23, 2024, by 6:00 P.M. pursuant to Chapter 551 of t xas Government Kee.• • • • • • • .'FF e y, TRMC C ecre ary If you plan to attend this pub'Fz m4eting and Nve k�bisability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.60)6 rejg j6�ble 50mmodations will be made to assist you. oi City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: January 23,202 LOCATION: The Marq Southlake Legends Hall- Traditions III Ballroom 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice -Chair Leslie Walker, Secretary Julie Doyle, and Southlake Arts Council members Alison Viktorin, Tim Sabo, Terri Messing, and Susan Steinbrecher SOUTHLAKE ARTS COUNCIL ABSENT: (Alt#1) Milan Georgia STAFF PRESENT: Assistant to the Director Milenka Lopez, Community Relations Manager Vicky Schiber, Director of Community Services David Miller, Youth Services Librarian Stacy Wells, and Operations Manager -Special Projects Robert Briggs CITY COUNCIL MEMBER PRESENT: Deputy Mayor Pro Tern Kathy Talley REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:00 P.M. 2. PUBLIC FORUM Chair McMillan opened the Public Forum at 6:00 P.M. There being no one to speak, the Public Forum was closed at 6:00 P.M. 3. CONSENT AGENDA 3A. APPROVAL OF THE MINUTES FROM THE November 28, 2023, SOUTHLAKE ARTS COUNCIL MEETING Chair Tamara McMillan presented item 3A, approval of the minutes from the November 28, 2023, Southlake Arts Council meeting. APPROVED City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-1 Minutes of the January 23, 2024 Southlake Arts Council Meeting Page 2 of 4 A motion was made to approve the minutes from the November 28, 2023, Southlake Arts Council meeting as presented. Motion: Steinbrecher Second: Walker Ayes: Steinbrecher, Walker, Doyle, McMillan, Messing, Sabo, Viktorin Nays: None Abstain: None Vote: 7-0 Motion passed. 4. CONSIDER 4A. Recommendation for approval of final concept and contract with artist Vito DiBari and Associates, in an amount not to exceed $100,000 for art to be installed at DPS West Chair McMillan presented item 4A to the Arts Council for consideration. APPROVED A motion was made to recommend for approval the final concept and contract with artist Vito DiBari and Associates, in an amount not to exceed $100,000 for art to be installed at DPS West. Motion: Walker Second: Doyle Ayes: Walker, Doyle, McMillan, Messing, Sabo, Steinbrecher, Viktorin Nays: None Abstain: None Vote: 7-0 Motion passed. 4B. Recommendation for acceptance of donation for Library Door Art for an amount not to exceed $1,200. Chair McMillan presented item 4B to the Arts Council for consideration. APPROVED A motion was made to recommend acceptance of donation for Library Door Art for an amount not to exceed $1,200. Motion: Doyle Second: Walker City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-2 Minutes of the January 23, 2024 Southlake Arts Council Meeting Page 3 of 4 Ayes: Doyle, Walker, McMillan, Messing, Sabo, Steinbrecher, Viktorin Nays: None Abstain: None Vote: 7-0 Motion passed. 4C. Approve Public Art Display Permit for the Daughters of the American Revolution Traveling Exhibit for January 2025 Chair McMillan presented item 4C to the Arts Council for consideration. APPROVED A motion was made to approve the Public Art Display Permit for the Daughters of the American Revolution Traveling Exhibit for January 2025. Motion: Steinbrecher Second: Walker Ayes: Steinbrecher, Walker, McMillan, Messing, Sabo, Steinbrecher, Viktorin Nays: None Abstain: None Vote: 7-0 Motion passed 5. DISCUSSION 5A. Veterans Memorial Discussion Assistant to the Director Milenka Lopez and Operations Manager -Special Projects Robert Briggs presented the Veterans Memorial project to the Arts Council and asked for feedback. The Southlake Arts Council discussed liking the project and would like to get City Council input before moving forward with a call to artists. Direction to Staff: Form a Veteran Focus Group to gather feedback and aim to present ideas to City Council during their summer workshop for direction before beginning on a Call to Artists. 5113. Public Art Updates Assistant to the Director Milenka Lopez presented public art updates such as opening the application for Southlake Presents and finalizing details for the Strokes of Art reception and was available to answer questions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-3 Minutes of the January 23, 2024 Southlake Arts Council Meeting Page 4 of 4 Direction to Staff: Need help for unboxing and hanging of Strokes Art. 5C. APEX UPDATES Terri Messing presented upcoming APEX events and was available to answer questions. Direction to Staff: NA. 6. ADJOURNMENT Southlake Arts Council Chair McMillan adjourned the meeting at 7:18 P.M. Attest: Tamara McMillan, Chair Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-4 2024 Southlake Arts Council Attendance Report Place Name 1/23/24 2/27/24 3/26/24 4/23/24 5/28/24 6/25/24 7/23/24 8/27/24 9/24/24 10/22/24 11/26/24 12/24/24 Attendance Rate DateV Meeting Attendance Rate Includes substitutions 881. In attendance Total Hrs Per Month 1 1.2 x Not in attendance, no substitute 1 Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum Chance in Representative CITY OF SOUTH LAKE MEMORANDUM February 23, 2024 To: Southlake Arts Council From: Milenka Lopez, Assistant to the Director Subject: Approve Public Art Display Permit for the Southlake Historical Society Exhibit for July -August 2024 Action Requested: Approve Public Art Display Permit for the Southlake Historical Society Exhibit for July -August 2024 Background Information: Each year the Southlake Arts Council partners with select collaborators and community groups to bring art to the community. The purpose of this item is to consider the permit allowing for the Southlake Historical Society summer 2024 exhibit. The Southlake Historical Society is suggesting a photography exhibit that consists of 13 panels that showcase the history and importance of Lake Grapevine to the development of Southlake. Southlake Historical Society Summer Exhibit: o Exhibit: Friday, July 12- Monday, August 26, 2024 o Reception: TBD For each exhibit, the artwork will not exceed 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The pieces will be placed based on size and aesthetic concerns related to color and composition. The permit for the exhibit and reception complies with the provisions of the Public Art Display and Performance Policy. A copy of the permit is attached for your review. Financial Considerations: N/A Strategic Link: Approval of the permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and City of Southlake Values: Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Southlake Arts Council Meeting Date — February 27, 2024 Page 2 of 2 volunteer involvement and providing attractive and unique spaces for the enjoyment of personal interests. Citizen Input/ Board Review: Southlake Arts Council consideration and approval of the Public Art Display Permit on February 27, 2024. Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the permit as presented Approve the permit with modifications Decision not to approve the permit Supporting Documents: • Permit Application: Southlake Historical Society Summer Exhibit • Public Art Display and Performance Policy Recommendation: Approve Public Art Display Permit for the Southlake Historical Society Exhibit for July -August 2024 City of Southlake Values: Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 -City -of Southlak e Perm it for the a i:5p[ay a nClfQF Rerfafmance of Art in a Rub lir Facil ty or PrQperty -sq;wp kq b* sspW 40m pry _yam ar km mW a=x Fes= - rr -.a. x y-a r aed by st' Cite F&1z�p etq- +7 CCWFACT INFORMATON ftpw CAIPW* ETR- ZZ:�-E E-U+ 6c 4CR :I - C.0-A meets1�k roll Z . 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Item 4A-3 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Policy: Display and/or Performance of art in public facilities or other city properties Source: City Council Effective Date: 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City's core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places — Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 04/19/2016 City Council Approved (7-0) Item 4A-4 Public Art Display and/or Performance Policy Page 2 of 13 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 3 of 13 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 4 of 13 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 5 of 13 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 6 of 13 City of Southlake Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested CONTACT INFORMATION Person Responsible: Phone: Cell Phone: E-Mail Address: Address: City State Zip Alternative Contact: Name: Phone Number: E-mail: DISPLAY or PERFORMANCE INFORMATION Requested Date: Type of Display or performance: Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs. Please include the number of pieces to be hung for the exhibit. There are thirteen available panels in the Town Square Lobby. Pieces greater than 24x24 inches, but not larger than 60x70 inches, display best in the space. We limit the number of pieces hung in the Town Hall Lobby to 26 pieces: 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 7 of 13 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 8 of 13 ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Artist) This Art Exhibit Agreement ("Agreement") is made and entered into this day of , by and between the City of Southlake, Texas ("City"), a Home - Rule Municipal Corporation and ("Artist") on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from through and any additional dates agreed to in writing; and, WHEREAS, the Exhibition will be located at a facility of the City of Southlake; and, WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and, WHEREAS, the City has investigated and determined that it would be beneficial and in the best interest of the City and its citizens to allow the Artist to place the artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition ("Artwork"). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist's agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from through . Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ("Removal Date"). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional ("2D") Artwork shall be wired for 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 9 of 13 hanging and three dimensional (" 3D") artwork must be ready for installation immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist's name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City's removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY'S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 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)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 10 of 13 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 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 11 of 13 modification will be enforceable except in writing and signed by both parties. This Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. C. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 12 of 13 Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to the Artist: Attn : If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison 1400 Main Street, Suite 210 Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. i. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023. Public Art Display and/or Performance Policy Page 13 of 13 administrators, legal representatives, successors and assigns, as allowed herein. 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: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 ARTIST: I7_r d =I �7_,1121 04/19/2016 City Council Approved (7-0)- Admin Edits 07/24/2023.