22.05.10 MA Reven Swanson ATTACTIlVENT B: ART AROUND AVON AGREEMENT
between
TIE TOWN OF AVON
And
Reven Swanson
Information about the Town's Art Around Avon Program in the Town of Avon
(for informational purposes only)
Background.The Town ofAvon(`Town')established the Town ofAvon Art Around Avon in 2021 to promote
the display ofvisual art throughout the Avon community for the benefit ofresidents and visitors.
Art Around Avon Application Process. The Town uses the web based service,CallforEntry.orgTM, also
known as CaFETM,to manage Artist application and selection processes for the fabt annual Art Around Avon
Street exhibition.Artists must upload contact information,digital images of their work,the weight,height and
depth of the work,the price ofthe work, and all special display and installation requirements for each entry.
The deadline for entries is March 28,2022.Town selects up to ten sculptures for exhibition and will make its
selections by approximately April 29,2022.Town will pay selected artists a$900.00 honorarium at installation
except for the artist selected for location#1 as described in the Request for Proposal(`RFP');the stipend for
this selection is $2,000.All selected artists must execute a copy of this Art Around Avon Agreement.
Requirements of Work.
1. Safe for pedestrians
2. Of appropriate scale for street display.
3. Able to withstand high winds and/or substantial temperature changes.
4. Easy to maintain in an outdoor mountain environment.
5. Freestanding but attachable to cut stone pedestal,brick pavers,reinforced concrete pedestal,
sandstone, steel base or mounting plate (provided by the Town)for exhibit purposes.
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TABI F OF CONTENTS
1. Art Around Avon INSTALL,DISPLAY, &REMOVAL 1
(a) Generally 1
(b) Consistency of Work with Artist's Proposal 2
(c) Delivery and Installation of Work 2
(d) Marketing, Sale,&Donation of Work 3
(e) Decommission&Removal of Work 3
(f) RiskofLoss 3
(g) Waiver ofRights Under Visual Artists Rights Act of 1990(VARA) 3
2. COORDINATION AND LIAISON 3
3. WARRANTIES REGARDING THE WORK 4
4. SUBJECT TO LOCAL LAWS;VENUE 4
5. INSURANCE 4
6. INDEMNIFICATION 4
7. NO THIRD-PARTY BENEFICIARY 4
8. NOTICES 5
9. SEVERABILITY 5
10. SURVIVAL OF CERTAIN AGREEMENT P ROMS IONS 5
11. AUTHORITY TO ENTER INTO AGREEMENT 5
12. COUNTERPARTS OF THIS AGREEMENT 5
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2022 Art Around Avon Agreement
COLORADOAvon
THIS AGREEMENT is made and entered into this 10th day ofMay2022,by and between the Town of
Avon, a home rule municipality and political subdivision of the State of Colorado ("Town') and the
undersigned artist,Reven Swanson,whose address is 2616 Eudora Street,Denver,CO 80207(`Artist').
RECITALS
A. In 2021,the Town established the Art Around Avon art program,which is an annual,year-
long street exhibition showcasing outdoor sculptures in visible places around the Town of Avon.
B. Artist applied in response to the Town's 'Call for Entry"for this year's Art Around Avon
exhibition, including Artist's contact information,digital images of the artwork,weight of the artwork,price of
the artwork,and all special display and installation requirements for the artwork(collectively,the`Proposal').
C. Artist has been selected by the Town to design, execute, fabricate, deliver and install the
artwork, consistent with the Proposal and as ultimately conceived, designed, fabricated, transported,
delivered, engineered for installation, and ultimately installed by Artist(the `Work') in accordance with the
Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by
this reference.
D. Adepiction of and title to the Work, so given by the Artist, is attached to this Agreement as
EXHIBIT B and incorporated into this Agreement by this reference.
E. Artist seeks to install the Work, consistent with the Proposal, at a Town-selected Street
display site within the Town ofAvon(the `Site')as part of the Art Around Avon exhibit period,and the Town
seeks to pay Artist a$900.00 honorarium.
AGREEMENT
In consideration ofthe premises and the mutual covenants herein contained,and subject to the terms
and conditions hereinafter stated,the Town and Artist agree as follows:
1. INSTALL,DISPLAY,&REML)VAL.
(a) Generally.
(i) Artist shall perform all services and furnish all supplies,material and equipment as
necessary for the design,execution and fabrication ofthe Work,and shall,either directly or through qualified
sub-consultants,undertake the transportation ofthe Work to the Site.
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(ii) The Work shall be committed to the Town for the duration of the Art Around Avon,
the Town exhibit period,even in the event of a sale.
(b) Consistency of Work with Artist's ProposaL
(i) After the Town's written approval of the Proposal, Artist shall complete the
fabrication and transportation ofthe Work in confomiitywith the Proposal
(ii) Artist shall present to the Town in writing for further review and appmval any
significant changes in the scope, design, color, size, material or texture of the Work If there is a significant
change to the Work, as determined in the Town's sole discretion, or if Artist seeks to substitute the artwork
descnbed in the Proposal with different artwork, the Town may elect not to include Artist in the Art Around
Avon exhibit and terminate this Agreement.
(c) Delivery and Installation of Work
(i) Artist is responsible for ensuring that the Work is made to be installed for public
display,including ensuring that the Work is safe for pedestrians,of appropriate scale for street display, able
to withstand high winds and/or substantial temperature changes, easy to maintain in an outdoor mountain
environment, and freestanding but attachable to concrete pedestal, steel base, or mounting plate (provided
by the Town)for exhibit purposes.
(ii) Artist shall identify to the Town all special display and installation requirements for
welding or bolting the Work to a concrete pedestal, steel base,or mounting plate for exhibit purposes.
(iii) Artist shall deliver the Work for installation to the Town designated Site in
accordance with the Major Dates Schedule,attached to this Agreement as EXFIIBDT A and incorporated into
this Agreement by this reference.
(iv) The Town shall pay Artist a nine hundred-dollar($900.00)honorarium. The Town
shall pay Artist a two thousand($2000.00)for location#1.
(v) The Town shall install the Work with all nece s sary as sistance and support from Artist
as required by the Town. The Town reserves the right to make all installation and placement decisions and
to make emergency repairs to the Work when necessary,as determined by the Town in its sole discretion.
(vi) The Town shall install signage for the Work to identify Artist,the Work's title, if any,
and the Work's price,in accordance with the Proposal
(d) Marketing, Sale,&Donation of Work.
(i) Town shall produce and distribute informational materials regarding the Work for
marketing purposes,including photographs ofthe Work for publicity or study.
(ii) The purchase price for any sale shall be consistent with the price listed in Artist's
proposal unless Artist has provided sixty(60)days'advance written notice to the Town of a price increase or
decrease for the Work.
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(iii) In the event of a sale of the Work during the exhibit period or ninety(90) days
following the exhibit period, the Town will act only as an agent for the collection and distribution of the
proceeds ofthe sale;and the sale is between the purchaser and the Artist and all state and local sales taxes
are applicable. The Town shall receive the full purchase price from the purchaser, and the Town shall then
remit to Artist the purchase price less the Town's commission of 20%of the purchase price.
(iv) In the event either Artist or a third party seeks to donate the Work to the Town,Artist,
Town, and any such third party shall enter into a donation agreement.
(e) Decommission&Removal of Work
(i) Upon conclusion ofthe Art Around Avon exhibit period and by the Decommission&
Removal Deadline set forth on EXHIBIT A,Artist shall decommission and remove the Work
(ii) If Artist fails to remove the Work by the Decommission & Removal Deadline,the
Town may decommission,remove,and store the Work,without liability whatsoever,in an interim storage area
selected by the Town in its sole discretion. IfArtist does not remove the Work from the interim storage area on
or before the Disposal Deadline set forth on DEBIT A, the Work shall automatically become the property
of the Town at no cost to the Town,and the Town may donate, sell, or otherwise dispose of the Work
(f) Risk ofLoss. The risk ofloss or damage to the Work shall be borne by Artist during delivery
and installation of the Work, and Artist shall take such measures as are necessary to protect the Work from
loss or damage.
(g) Waiver of Rights Under Visual Mists Rights Act of 1990(`°VARA). Artist understands and
agrees that,as to his or her rights in the Work,the provisions ofthis Agreement shallsupersede the provisions
of the Visual Artists Rights Act of 1990 (`VVARA), 17 U.S.C. §101 et. seq., as amended, including but not
limited to §106A(a)and§113, as to the Work, and that execution ofthis Agreement by Artist shall constitute
a waiver byArtist,as permitted in 17 U S.C. §106A(e),as amended,of any and all rights orprotections in the Work,
and anyuses ofthe Workwhatsoever,set out in or otherwise granted by 17 U S.C.§101,et seq.,as amended,including
but not limited to§106A(a)or§113,or otherwise in the nature of'Droit 1Vbra1"under which artists claim an interest in
the Work Mist understands that, despite the Town's commitment not to intentionally damage, alter, or modify the
Work without the prior written approval of Artist, installing, exhibiting,removing, or storing the Work may subject the
Work to destruction,distortion,mutilation,or other modification.
2. COORDINATION AND LIAISON
Town orders and directs all services under this Agreement and,until otherwise notified by the Town
Council,is designated as the authorized representative ofthe Town through whom services performed under
this Agreement shall be coordinated. Artist agrees that during the term of this Agreement, Artist shall fully
coordinate all work hereunder as directed by the Town and other the Town agencies or departments.
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3. WARRANTIES REGARDING THE WORK
Artist represents and warrants to the Town that:the Worlds available forpurchase;the Work is solely
the result ofArtistic effort of Artist;the Work is unique and original and does not infringe upon any copyright;
the Work is free and clear of any liens or claims from any source whatsoever; the Work, as fabricated and
installed, will be free of defects in material and workmanship, including any defects consisting of`Inherent
vice"or qualities which cause or accelerate deterioration ofthe Work;the Work is professionally constructed
of durable materials; the Work does not have easily damaged parts, is suitable for indoor and/or outdoor
public display,and is constructed in a manner to avoid potential liability, safety risks to the general public,or
maintenance (except cleaning).
4. SUBJECT TO LOCAL LAWS;VENUE
The provisions of Colorado law,the Town of Avon Home Rule Charter,the Town of Avon Municipal
Code, ordinances, and regulations, as the same may be amended from time to time, are hereby expressly
incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising
hereunder shall be in Eagle County,Colorado.
5. INSURANCE
The Town and Artist stipulate and agree that the value of the Art is $12,000.00. The Town shall insure
the Art against loss or damage to the Art itself but only up to that stipulated value. The Town shall not,
however,insure Artist against any third party claims arising out of or connected with the Art or Artist's activities
under this Agreement—any such insurance shall be the sole responsibility of Artist.
6. INDEMNIFICATION
Artist shall defend, release, indemnify and save and hold harmless the Town against any and all
damages to property or injuries to or death of any person or persons, including property and employees or
agents of the Town, and shall defend, release, indemnify, and save and hold harmless the Town from any
and all claims, demands, suits, liabilities, actions, causes of action, or legal or equitable proceedings of any
kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of Artist's activities in
connection herewith, including acts or omissions of Artist or his or her officers, employees,representatives,
suppliers, invitees, licensees, subconsultants, contractors, and agents;provided,however, that Artist need
not indemnify and save harmless the Town, its officers, agents, and employees from damages proximately
resulting fromthe sole negligence ofthe Town's officers,agents,and employees.This indemnity clause shall
also cover payment of the Town's defense costs in the event that the Town, in its sole discretion, elects to
provide its own defense.
7. NO THIRD -PARTYBENEFICIARY
It is expressly understood and agreed that enforcement of the temps and conditions of this
Agreement,and allrights ofaction relating to such enforcement,shallbe strictlyreservedto the Town and Artist,
and nothing contained in this Agreement shall give or allow any such claim or right of
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action by any other or third person on such Agreement It is the express intention ofthe Town and Artist that
any person or entity other than the Town or Artist receiving services or benefits under this Agreement shall be
deemed to be an incidentalbeneficiaiy only.
8. NOTICES
All notices, requests, demands, and other communications which are required or permitted to be
given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery
or receipt thereof as the case maybe,ifhand-delivering,mailing ore-mating as follows:
Ifto the Town: Town of Avon Town Hall
ATTN Dania Dempsey
P.O. Box 975
100 Mkaela Way
Avon,Colorado 81620
Email:ddempseywon.org
Ifto Artist: The address first above written.
9. SEVERABILITY
It is understood and agreedbythe parties hereto that ifanypart,term,or provision ofthis Agreement
is held by the Courts to be illegal or in conflict with any law of the State of Colorado, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular part,term, or provision held to be
invalid.
10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS
The parties understand and agree that all terns, conditions and covenants of this Agreement,
together with the exhibits hereto, any or all of which, by reasonable implication, contemplate continued
perforiirance or compliance beyond the expiration or termination ofthis Agreement(by expiration of the term
or otherwise), shall survive such expiration or termination and shall continue to be enforceable as provided
herein for a period equal to any and all relevant statutes of limitation,plus the time necessary to fir lyresolve
any claims,matters,or actions begun within that period.
11. AUTHORITY TO ENTER INTO AGREEMENT
The person or persons signing and executing this Agreement on behalf of Artist,do hereby warrant
and guarantee that he/she or they have been fully authorized by Artist to execute this Agreement on behalf
of Artist and to validly and legally bind Artist to all the terms,performances and provisions herein set forth.
12. COUNTERPARTS OF THIS AGREEMENT
This Agreement shall be executed in counterparts, each of which shall be deemed to be an original
of this Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
TOWN:
Digitally signed by Danita Dempsey
Danita Dempsey DN<n=Danita Dempsey,o=Townof Avon,ou=General
Government,email=ddempsey@avon.org,c=US
By. Date:2022.05.19 15:06:23-06'00'
Name:
(please print)
ARTIST: ,17)
By: '�/! l '
Name: Reven Swanson
(please print)
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EXFIIBIT A
Major Dates Schedule
1. Artist Call for entry:February 14,2022
2. Deadline for entry:March 28,2022
3. Proposed selection notification:April29,2022
4. Installation of work June 8,9 and/or June 10,2022
5. Exhibition period for work June 10,2022,through May 29,2023
6. Art Around Avon Walls June 10,2022
7. Decommission and removal of work May 29 through May 31,2023
8. Disposal deadline:June 5,2023
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EXHIBIT B
Depiction&Title of the Work
As provided by artist in application
Good Nbrning Sunshine (Butterfly)
Kinetic mild steel,powder coat,enamel paint
15'x3.5'x7'
$12,000.00
2018
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