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: North Dakota Agreement for Commission of Public Artwork between Art Consultant and Municipality Keywords: North Dakota, Agreement, Commission, Public Artwork, Art Consultant, Municipality Introduction: The North Dakota Agreement for Commission of Public Artwork between an Art Consultant and a Municipality is a legally binding document that outlines the terms and conditions of a collaborative partnership to commission public artworks. This agreement ensures transparency, fair compensation, and accountability in the process of creating captivating and meaningful artwork that enhances public spaces within municipalities in North Dakota. Types of North Dakota Agreements for Commission of Public Artwork: 1. Standard Commission Agreement: This type of agreement specifically details the responsibilities, obligations, and scope of work for both the art consultant and the municipality. It includes provisions for project management, artist selection, budgeting, design concept approval, installation, maintenance, and any other relevant procedures. This agreement ensures adherence to the artistic vision while keeping the artwork's integration into the public space in mind. 2. Design Competition Agreement: In cases where the municipality wishes to select public artwork through a design competition, this agreement sets out the guidelines and criteria for participation, selection process, timeline, eligibility requirements, compensation for finalists, and awarding of the final commission. The agreement ensures a fair and transparent competition while encouraging artistic creativity and innovation. 3. Temporary Exhibition Agreement: For temporary installations or exhibitions, this agreement focuses on the loan or rental of artwork from artists or organizations. It covers the terms of loan, duration of exhibition, insurance, transportation, storage, installation, reinstallation, and any necessary restoration or repair. This agreement ensures the safe and responsible handling of artwork and its return to the rightful owners post-exhibition. Components of the Agreement: 1. Parties Involved: Clearly identifies the participating parties: the art consultant, representing the interests of the municipality, and the municipality itself. 2. Objective: Defines the purpose and goals of the agreement, emphasizing the intent to commission public artworks that enhance the cultural, aesthetic, and social values of the municipality. 3. Scope of Work: Details the specific responsibilities, roles, and obligations of both the art consultant and the municipality, including artist selection, budget management, contract negotiations, project management, community engagement, and artwork installation. 4. Compensation: Specifies the compensation structure and payment terms for the art consultant, including a breakdown of applicable fees, reimbursable expenses, and invoicing procedures. 5. Intellectual Property Rights: Addresses ownership and licensing of the commissioned artwork, ensuring that the municipality obtains the necessary rights to reproduce, display, and maintain the artwork, with appropriate credit given to the artist. 6. Indemnification and Insurance: Outlines the insurance requirements, liability coverage, and indemnification clauses to protect the involved parties against any claims, damages, or losses arising from the project. 7. Term and Termination: Establishes the duration of the agreement, conditions for termination, and procedures for the resolution of disputes between the art consultant and the municipality. Conclusion: The North Dakota Agreement for Commission of Public Artwork between an Art Consultant and a Municipality serves as a comprehensive framework for the creation and installation of public artwork projects. With different variations tailored to specific needs, this agreement cultivates a collaborative environment that celebrates art, enriches public spaces, and fosters cultural growth within North Dakota municipalities.
