A contract is essential to the understanding and agreement between an agency or individual commissioning a work of public art and the artist creating the commissioned public art. The field of public art has grown and matured over the last several decades. Various local, state and federal laws regulating contractual agreements have become increasingly complicated. This form addresses many of the more current requirements and considerations of a contractual agreement to commission a work of art.
This is a sample of an agreement between a public agency of a municipality and a professional art consultant regarding an art project of the municipality. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Mississippi Agreement for Commission of Public Artwork between Art Consultant and Municipality Introduction: The Mississippi Agreement for Commission of Public Artwork between an Art Consultant and a Municipality is a legally binding contract that outlines the responsibilities, terms, and conditions related to the creation and installation of public artwork in a specific municipality within the state of Mississippi. This agreement establishes a collaborative relationship between the art consultant, who acts as a liaison between artists and the municipality, and the governing body responsible for overseeing public art projects. Types of Mississippi Agreement for Commission of Public Artwork: 1. Request for Proposal (RFP) Agreement: A Request for Proposal is a common method used by municipalities to solicit proposals from art consultants for the commission of public artwork projects. This agreement outlines the terms and specifications of the RFP process, including the evaluation criteria, schedule, budget, and other requirements set forth by the municipality. 2. Project Development Agreement: Once an art consultant has been selected through the RFP process, a Project Development Agreement is often established. This agreement details the consultant's responsibilities to research potential artists, develop project proposals, coordinate with relevant stakeholders, and manage the overall project development process until completion. It typically addresses financial arrangements, timelines, and deliverables. 3. Artist Selection Agreement: In cases where the municipality has already identified a specific artist for a public artwork project, an Artist Selection Agreement may be used. This agreement outlines the roles and responsibilities of both the art consultant and the municipality concerning the selection process, negotiations with the artist, and finalizing the contract terms. 4. Installation and Maintenance Agreement: Once the artwork has been commissioned and completed, an Installation and Maintenance Agreement ensures that the municipality and the art consultant establish clear guidelines for the installation, upkeep, and maintenance of the artwork. This agreement addresses aspects such as public safety, insurance, ongoing maintenance responsibilities, and potential relocations or removal of the artwork if necessary. Key Components of a Mississippi Agreement for Commission of Public Artwork: 1. Definitions: Precise definitions of terms relevant to the agreement, such as artwork, art consultant, municipality, design development, etc. 2. Scope of Work: Detailed description of the commissioned artwork, including its purpose, theme, medium, site location, dimensions, and any specific requirements or constraints provided by the municipality. 3. Compensation: Clauses clarifying the payment structure, including consultant fees, artist fees, reimbursement of project-related expenses, and any contingency budget for unforeseen circumstances. 4. Timelines: A comprehensive project timeline with milestones, deadlines for deliverables, and installation completion dates, allowing both parties to plan and manage their activities accordingly. 5. Intellectual Property: Outlining the ownership of the artwork's intellectual property, copyright, reproduction rights, and restrictions on modification or replication. 6. Insurance and Liability: Coverage obligations, responsibilities, and insurance requirements for all parties involved, addressing potential damages, theft, or public safety concerns related to the artwork. 7. Termination and Dispute Resolution: Procedures and conditions for terminating the agreement, as well as dispute resolution mechanisms, such as mediation or arbitration, to ensure conflicts are resolved amicably. Conclusion: The Mississippi Agreement for Commission of Public Artwork between an Art Consultant and a Municipality serves as a vital tool for establishing a solid foundation for collaborative public art projects. Through various types of agreements and their accompanying provisions, it creates a framework that safeguards the interests of both the municipality and the art consultant, resulting in successful and impactful public art installations throughout Mississippi.
