Arts Contract Essay Example

  • Category:
    Law
  • Document type:
    Essay
  • Level:
    Undergraduate
  • Page:
    4
  • Words:
    2619

PUBLIC ART COMMISSION PROJECT BRIEF

CITY OF MELBOURNE

THE CONTEXT

Melbourne is an internationally renowned region for creative art works. Public Art Melbourne is determined to make sure that the public art scene continues thriving. The city of Melbourne seeks to create a visible art sculpture to celebrate its values, cultures, as well as the city’s future aspirations. Public Art Melbourne committee will manage the entire project through integrative and collaborative approach.

LOCATION

The art sculpture will be located at the entry to Royal Park, at the corner of Elliot Avenue and Flemington Road. The location has potential to support various additional community activities such as environmental arts.

PROJECT BUDGET

The total estimated budget for the project is $100,000. Applicants are required to complete a budget form and determine the estimated scope of the project. Artists are encouraged to allot 10% of the project budget as their fee. The remaining funds will cover all other project’s costs.

DESCRIPTION

The sculpture will be a permanent vertical carving with a modern twist. The sculpture should be constructed from steel, metal lath, and colored concrete and this will make maintenance issues minimal. The color should match with the surroundings in the location. The sculpture should be framed in an open frame design as this will prevent the sculpture from being damaged by wind. For the sculpture to enhance the urban environment, the design should be visually attractive, with astonishing accuracy and aesthetics. A signage should be installed at the sculptor’s location to identify the title of the work as well as the artist.

ELIGIBILITY

The project is open to artists living and working within Australia only. Artists are required to address the assessment criteria and make sure the submission and budget forms are completed and submitted before the indicated closing date. Employees of City of Melbourne and their immediate family members are not eligible to participate in this project. Submissions over $100, 000 are also ineligible.

SELECTION CRITERIA

All interested parties are required to submit the following:

  • The Curriculum Vitae

  • Copies of previous works

  • A concept summary

  • References/recommendations for previous projects

  • Copy of Public Liability Insurance

The selection panel will consist of representatives of the City of Melbourne, Public Art Melbourne Advisory Committee, and individuals with expertise in assessing public art commission applications. The selection process will consist of five stages:

Stage One

Submission of proposals by artists through expression of interest

Stage Two

Shortlisting of submissions where the City of Melbourne will:

  • Examine submissions to establish the eligible proposals

  • Selection panel determining submission short-list

  • Notifying all artists regarding the status of their submissions

Stage Three

The short-listed artists will be given a period of one month to develop their proposals further. The City of Melbourne will support and assists the artists in developing their proposals. The artists will then complete t developing their project concepts and present the outcome to the City of Melbourne.

Stage Four

This stage will include the selection panel making the final selection and recommendations to the City of Melbourne. All artists will be informed regarding the status and outcome of their proposals. All the successful finalists will receive payment of $3,000.

Stage Five

This stage will involve selection of the final artists and the artwork’s commissioning. The City of Melbourne will commission the selected final proposal and closely work with the successful artist for the presentation of the proposals as part of the Open Permanent Public Art Commission. The selected artist will be required to:

  • Sign a finance agreement with the City of Melbourne indicating the terms and conditions of the commission

  • Submit an ABN to the City of Melbourne

  • Submit a tax invoice to the City of Melbourne

  • Submit a feedback report upon completing the project

PROJECT TIMEFRAME

1st Stage: Expression of interest (Closing date, 4pm, 10th November)

  • Design and development

  • Documentation

  • Detailed project’s budget

2nd Stage: Designing Proposals (Shortlisted artists making presentations: 18th December)

Artists will present their detailed concepts to the selection panel

Selection of the successful artists and signing of the contract

Stage 3: Installation of the sculpture: Project should be complete by 28th February 2016

Commissioning and installation of the completed sculpture in accordance with the Public Art Commission

COMMISSIONING CONTRACT

PUBLIC ART: DESIGN AND COMMISSION AGREEMENT

THIS IS AN AGREEMENT BETWEEN:

THE CITY OF MELBOURNE

of [ABN, EMAIL, TELEPHONE, FAX]

THE ARTIST_________________

of [ABN, EMAIL, TELEPHONE, FAX]

RECITALS

  1. The City of Melbourne has prepared a project brief which will be the basis of the sculpture and it is attached to this Agreement as Annexure 1

  2. The City of Melbourne has chosen the preliminary design of the artist attached to this Agreement as Annexure 2

  3. The City of Melbourne wishes to commission the artist to create and install the sculpture as described in the project brief

  4. The artist has agreed to create and install the sculpture as per specifications and terms in the project brief

THE PARTIES AGREE AS FOLLOWS:

STAGE 1: DESIGN & DEVELOPMENT

The Artist must:

  1. Ensure that the design is based on the project Brief, concepts and proposals already submitted to the Public Art Melbourne committee

  2. Present the Public Art Melbourne committee with the Design by___________

  3. Guarantee the originality of the Design and ensure the copyright of any third party are not infringed

  4. Receive design development fee before this agreement is signed

  1. Acceptance of the Design

By signing this agreement, the City of Melbourne accepts that the Design is:

  1. Subject to the specifications specified in the project brief and recitals section

  2. Subject to any design changes that might be needed to conform to the Development process and installation of the sculpture

By accepting the Design, the City of Melbourne represents and guarantees that the following has been taken into account:

  1. The expected life-expectancy of the sculpture

  2. The environmental location of the sculpture

  3. The appropriateness of materials to be utilized in making the sculpture and their durability

  4. Imperative maintenance aspects such as security issues

  1. Changes to the Design

  1. The City of Melbourne may require changes to the Design and only a maximum of 5 changes to the Design can be requested

  2. The Artist shall provide all amended Designs within the agreed time frame

  3. The City of Melbourne:

  • Cannot request for changes that significantly differ from the Project Brief or the presented proposals

  • Will pay for the ensuing requested Design changes and the Artist’s fee for the changes will depend on the required changes

  1. After the acceptance of the changed Design by the City of Melbourne:

  • The Artist must be notified within 7 days after submission of the amended Design

  • The amended Design will become the Ratified Design

  1. If the City of Melbourne does not inform the Artist regarding the acceptance of the changed Design as per clause 3(d), it will be assumed that the City of Melbourne has rejected the changed Design

  2. If the City of Melbourne has requested the Artist for the maximum number of amendments as per 3(a) and rejects the final amended Design, it will be considered that the Design has been rejected

  1. Rejection of the Design

  1. The City of Melbourne will reject the Design when:

  • The Artist is notified in writing regarding the rejection of the Design within 7 days after submission of the Design by the Artist

  • Clause 3(e) is applicable

  • Clause 3(f) is applicable

  1. Where the Design is rejected by the City of Melbourne as per clause 4(a), this Agreement will be considered terminated

  2. Once the Design has been rejected, the City of Melbourne will not be responsible for paying the Artist design development fee because the Artist was paid the fee before this Agreement took effect.

STAGE 2: CREATION OF THE WORK

  1. The Artist SHOULD:

  • Create the sculpture as per the Approved Design

  • Make sure that the sculpture is made with the timeframe outlined in the project brief

  • Ensure that the required updated reports listed in the project Brief are provided

  • Inform the City of Melbourne when the sculpture is complete are ready to be installed

  1. When the City of Melbourne is notified by the Artist as per the clause 5(a) regarding the completion of the sculpture, the City of Melbourne can either:

  • Accept the completed work

  • Ask the Artist to amend the work

  • Reject the work

  1. The City of Melbourne recognizes that that Artist will use their expertise when creating the work

  1. Changes to the Work before Completion

  1. The City of Melbourne can request for slight changes on the proposed Design and notify the artist in 5 days after completing the work

  2. The artist can request to make amendments on the work prior to completion and this must be done in writing where both contractual parties should sign

  3. All changes on the work must be completed within the agreed time

  1. Rejection of the Work

  1. The work will be rejected by the City of Melbourne if:

  • It is evident that the work was not created as per the approved design

  • The artist is informed of regarding the shortcomings of the completed work and given reasonable time to amend the work

  • The artist does not make the required changes within the specified timeframe

  1. Acceptance of the Work

  1. If the work is accepted, the City of Melbourne must inform the artist in writing within 7 days after the date when the artist notified the City regarding the completion of the work

  2. When the City of Melbourne fails to inform the Artist as per the clause 7(a), it will be assumed that the Design has been rejected and this will see the termination of this agreement

STAGE 3: INSTALLATION OF THE WORK

  1. The site is specified in the Project Brief and Annexure 3 provides the comprehensive details and map of the site

  2. The City of Melbourne will make sure that the site has the required preparations

  3. The City of Melbourne will ensure that the Artist has easy access to the site

  1. Delivery & installation

  1. The City of Melbourne will cater for the costs of the delivery of completed work to the site

  2. The Artist and representatives of the City of Melbourne must be present during the installation of the work

  3. The City of Melbourne will cater for installation costs

  4. The Artist will install the work to the site as per the specifications in the Project Brief

All payments will be made through the bank. The Artist will be paid by the City of Melbourne for the competed work and services allied to this Contract. The City of Melbourne will pay the artist total fee of________ in installments of the following phases:

  • _____ after signing of this agreement

  • _____ after the Design has been approved

  • _____after installation of the work

The City of Melbourne will authorize the final payment after the acceptance of the work

  1. Goods and Services Tax (GST)

  1. The Artist shall pay all tax charges allied to services and goods under this contract

  2. If GST is payable on supplies under this contract, the fee will be raised by the amount of the GST

  3. The Artist shall pay the required GST within 7 days after receiving the tax invoices

  1. Copyright and Reproduction Rights

  1. The Artist guarantees that he/she is the sole creator of the sculpture and that the sculpture has never been displayed anywhere else either in part or as a whole

  2. The Artist also agrees that he copyright will not be infringed in the work and also there will be no violation of privacy or publicity rights or any other applicable law

  3. The Artist will maintain all rights under copyright law for the work

  4. The ownership of the work will pass to the City of Melbourne after:

  • Completion of the work

  • Installation of the work

  • The Artist has been paid all payments under this Contract

  1. Written permission from the Artist will be sought for any commercial marketing or use of the sculpture for any other purpose

  1. Attribution

The City of Melbourne will display a permanent notice which will identify the Artist as the creator of the work

  1. Non-destruction, Alteration or Relocation

  1. The City of Melbourne will ensure that the work is not destroyed, damaged, altered or intentionally modified in any manner whatsoever

  2. If the City of Melbourne violates clause 15(a) or relocates that sculpture without seeking a written consent from the Artist; the Artist can demand the City of Melbourne to remove the notice that identifies the sculpture as the Artist’s work

  1. Maintenance

  1. The Artist will only provide instructions for cleaning and maintaining the work but the City of Melbourne bears the sole responsibility to clean, maintain and protect the Work

  2. Whenever the Work requires any repair the City of Melbourne shall give the Artist the chance to repair the work at a fee

  1. Independent Contractor

The Artist is an independent contractor and there is no partnership/employment relationship between the parties

  1. Termination

  1. The Artist can terminate this contract by issuing a notice in writing to the City of Melbourne if the payment is late in____ days. The Artist will be paid for all completed stages of work by the time the notice was issued.

  2. If the Artist fails to complete the Work, the City of Melbourne notify the Artist in writing regarding the violation of the contract and give the Artist reasonable time to remedy the breach. If the Artist fails to remedy the breach in provided time, the City of Melbourne will terminate this contract by notifying the Artist in form of writing. The City can recover all payment made to the Artist

  3. In case of contract termination, the Artist will retain full rights to the title and all copyright of the Work

  1. Dispute Resolution

  1. In case of a disagreement regarding this contract, the disagreeing party should:

  • Inform the other party regarding the dispute in writing

  • Not comment any lawsuit or arbitration until clause 19 is followed

  1. After all parties are aware of the dispute, the parties should make arrangements for a meeting of their representatives in 7 days and do the necessary to try solve the dispute

  2. If under clause 25(b) the dispute is not resolved, the parties may begin arbitration process or not

  3. If the dispute is not solved through arbitration process in 14 days after the beginning of mediation, the parties may start litigation

  4. The parties should continue carrying out their relevant obligations provided in this contract even if there is disagreement

Choice of Law

Interpretation and performance of this contract shall be governed by the law of the State of Victoria, Australia

Signed by the Artist:

Signature:

Name (PRINT):

Signed by the agent of the City of Melbourne:

Signature:

Name (PRINT):

ANNEXURE 1: Project Brief

ANNEXURE 2: Preliminary Design

ANNEXURE 3: Site

List of Resources

Arts Law Centre of Australia (1994). Sample Design and Commission Agreement.

Arts Law Sample Agreement (2014). Public Art: Design and Commission Agreement, Sydney, Australia.

Cohn, S. (2007), The Business of Art: Contracts and the Commissioning Process in Renaissance Italy. Historian, 69: 390–392.

Exeter City Council, Public Art Commissioning Guidelines, Retrieved from: <http://www.exeter.gov.uk/CHttpHandler.ashx?id=1396&p=0>

Esmée Fairbairn Foundation (2007). Simple Loans Administration. Retrieved from:

< file:///C:/Users/user/Downloads/Loans%20UK(1).pdf>

Goldstein B (2005). Public Art. London, University of Washington Press. Retrieved from

< file:///C:/Users/user/Downloads/public%20art%20contracts.pdf>

Ipswich Borough Council (2007). Guidelines for Commissioning Public Art in Ipswich, Ipswich Borough Council. Retrieved from:

<https://www.ipswich.gov.uk/sites/default/files/Guidelines_for_Commissioning_Public_Art_in_Ipswich.pdf>

Pally M & Jill M (2005). Annotated Model Public Art Commission Agreement, Public Art Network Council Services Committee. Retrieved from:

< http://www.creativecity.ca/database/files/library/annotated_contract.pdf>

Public Art South West, 2008, Guidelines for Commissioning and Selecting Artists and Craftspeople, Public Art South West. Retrieved from:

< http://www.publicartonline.org.uk/resources/practicaladvice/commissioning/guidelines.php>

Rhodes A (2011). Art Law & Transactions, North Carolina: Carolina Academic Press.

US Public Contract, Retrieved from: <file:///C:/Users/user/Downloads/A%20US%20public%20art%20contract%20(1).pdf>

Simpsons Solicitors (2000). The Commissioning of Artworks, Sydney, Hickson Road-Millers. Retrieved from: <http://simpsons.com.au/wp-content/uploads/chapter-4-the-commissioning-of-artworks.pdf>

Themel K, 2014, The Commission Process, Retrieved from:

< http://www.katethemel.com/CommissionsFAQ.pdf>

Washington States Arts Commission, 2012, Contract for Commissioning of Artwork, Washington States Arts Commission. Retrieved from: < http://www.arts.wa.gov/media/dynamic/docs/Sample-Commission-Contract.pdf>