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HomeMy WebLinkAboutMid-America Arts Alliance; 2011-03-25;2018 Baltimore Avenue Kansas City, Missouri 64108 816/421-1388 mid*america EXHIBITSUSA AGREEMENT Bookings-44485 . allianr PLEASE READ THOROUGHLY Fiscal Year 2014 alliance More Art for More People."THIS AGREEMENT, dated February 12, 2011, by and between Mid-America Arts Alliance, through its national division, ExhibitsUSA (hereinafter referred to as "ExhibitsUSA"}, and A'fvj irf ^uvfefes^ 4 tMww/cifc"v| William D. Cannon Art Gallery 1775 Dove Lane Carlsbad, CA 92009-4048 (hereinafter referred to as "Exhibitor"), WHEREAS, Mid-America Arts Alliance, in regional partnership with the state arts agencies of Arkansas, Kansas, Missouri, Nebraska, Oklahoma and Texas wishes to make available selected visual arts programs by cooperative activity for sharing resources, and WHEREAS, ExhibitsUSA, a national division of Mid-America Arts Alliance, wishes to make Our Lives, Our Stories: America's Greatest Generation - NEH on the Road available to selected exhibitors, and WHEREAS, Exhibitor wishes to share Our Lives, Our Stories: America's Greatest Generation - NEH on the Road with its community, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. EXHIBITION, CALENDAR. Exhibitor agrees to host the exhibition Our Lives, Our Stories: America's Greatest Generation - NEH on the Road (hereinafter referred to as "Exhibition"), coordinated, subsidized, and available from ExhibitsUSA for the period beginning 1/28/2014 and ending 3/16/2014 and to accept and display the Exhibition under the conditions stated herein. 2. PROGRAM COST, EXHIBITION FEE, MANNER OF PAYMENT. (a) The full Program Cost of the Exhibition is supported by grants to Mid-America Arts Alliance from: The National Endowment for the Humanities and private contributions to Mid-America Arts Alliance. (b) Exhibitor shall pay an Exhibition Fee of $1,000.00, U.S. dollars. (c) Exhibition Fee is payable to Mid-America Arts Alliance and is due in full upon the opening of the Exhibition. An invoice is attached to the EXHIBITSUSA AGREEMENT. 3. PROJECT EVALUATION REPORT. (a) Exhibitor must submit to ExhibitsUSA a Project Evaluation Report using the forms provided by ExhibitsUSA. Exhibitor should be 2018 Baltimore Avenue, Kansas City, Missouri 64108-1914 • (816) 421-1388 • FAX (816) 421-3918 www.maaa.org • www.eusa.org • www.nehontheroad.org IN PARTNERSHIP WITH: ARKANSAS ARTS COUNCIL, KANSAS ARTS COMMISSION, MISSOURI ARTS COUNCIL, NEBRASKA ARTS COUNCIL, OKLAHOMA ARTS COUNCIL, TEXAS COMMISSION ON THE ARTS, THE NATIONAL ENDOWMENT FOR THE HUMANITIES, AND THE NATIONAL ENDOWMENT FOR THE ARTS EXHIBITSUSA AGREEMENT page 2 Bookings-44485 William D. Cannon Art Gallery collecting information for this report as the program develops. The Project Evaluation Report is necessary to enable ExhibitsUSA to secure grants and contributions which make possible programs of this nature. (b) By accepting and displaying the Exhibition, EXHIBITOR IS OBLIGATED TO THE SATISFACTORY COMPLETION AND SUBMISSION OF THE EXHIBITSUSA EVALUATION REPORT. Submission of any final report to a state arts agency does not satisfy this requirement. (c) Project Evaluation Report is due to ExhibitsUSA NOT LATER THAN THIRTY (30) DAYS AFTER THE CONCLUSION OF THIS PROGRAM. 4. CREDIT REQUIREMENTS. Exhibitor must give credit to ExhibitsUSA and its funding sources for the availability of this program as specified in the EXHIBITSUSA AGREEMENT ATTACHMENT A which is incorporated by this reference and made a part hereof. 5. SHIPPING, HANDLING, SECURITY PRECAUTIONS. (a) Shipping and handling provisions and instructions will apply as described on EXHIBITSUSA AGREEMENT ATTACHMENT B which is incorporated by this reference and made a part hereof. (b) Exhibitor will provide adequate security for the Exhibition at its own cost which will minimally include the security precautions described on EXHIBITSUSA AGREEMENT ATTACHMENT C which is incorporated by this reference and made a part hereof. 6. INSURANCE, CONDITION REPORTS, DAMAGES. (a) ExhibitsUSA will provide insurance coverage at its own cost of the complete contents of the Exhibition for its entire duration including transit, unpacking, installation, display, storage, dismantling, and repacking. Upon request, ExhibitsUSA will provide Exhibitor a bona fide certificate of insurance coverage, the contents of which shall remain confidential with Exhibitor and shall not be made public. (b) Exhibitor will prepare and file a Condition Report with ExhibitsUSA at both the beginning and conclusion of the Exhibition on forms provided by ExhibitsUSA. (c) Exhibitor will report any and all damages or losses to the Exhibition while in Exhibitor's custody immediately by telephone to ExhibitsUSA. Within 24 hours of discovery of damage or loss, Exhibitor will send a full written statement to ExhibitsUSA detailing the extent, time, place and circumstances of the damage or loss. All damaged materials must be left as discovered unless the Exhibitor is instructed by ExhibitsUSA to proceed otherwise or unless emergency measures are necessary to prevent further damage. EXHIBITSUSA AGREEMENT page 3 Bookings-44485 William D. Cannon Art Gallery 7. RESPONSIBILITY, LIABILITY. (a) Exhibitor shall not be liable for any damages to the Exhibition or costs of consequently necessary repairs thereto UNLESS: (1) Such damages are the result of: (a) Exhibitor noncompliance of stipulated security precautions as outlined in Attachment B hereof; or (b) The incompetence, irresponsibility, or negligence of personnel selected by Exhibitor to assist in handling the Exhibition; or (c) Exhibitor's negligence in any respect to provide for and insure the safety and protection of the exhibition . (2) Exhibitor does not adhere to damage reporting and other procedures identified in paragraph 6 hereof. (b) Exhibitor shall bear the full and complete burden of any and all liability to persons or property, other than the Exhibition and its crates, arising out of or incurred in connection with the program and shall absolve and hold harmless ExhibitsUSA and Mid- America Arts Alliance from any and all such liability. 8. PHOTOGRAPHS. Photographs of the Exhibition, or its unpacking, installation, dismantling, or repacking are prohibited unless specifically and solely for Exhibitor's reasonable publicity and promotional purposes for this showing of the Exhibition. 9. CANCELLATION. (a) Exhibitor may cancel its intention to display the Exhibition only upon written notice from Exhibitor to ExhibitsUSA, which shall be accompanied by a cancellation fee payable to Mid-America Arts Alliance as follows: (1) If notice of cancellation is received by ExhibitsUSA more than ten (10) months prior to the scheduled beginning of the Exhibition, Exhibitor shall pay one-half of the Exhibition Fee; (2) If notice of cancellation is received by ExhibitsUSA ten (10) months or less prior to the scheduled beginning of the Exhibition, Exhibitor shall pay the full Exhibition Fee plus any costs for storing the Exhibition during the cancelled display period. If, in this event, ExhibitsUSA is able to book the Exhibition with another exhibitor at the full fee, one-half of the Exhibition Fee will be returned to Exhibitor. (b) ExhibitsUSA makes every effort to facilitate the timely delivery of the Exhibition. However, ExhibitsUSA will not be responsible for damages or costs incurred arising from cancellations or transport delays of the Exhibition. EXHIBITSUSA AGREEMENT page 4 10. ADMISSION. Bookings-44485 William D. Cannon Art Gallery Exhibitor shall provide, upon request from ExhibitsUSA, complimentary admissions to all program activities without cost to ExhibitsUSA as follows: (1) Up to six (6) admissions for ExhibitsUSA and Mid-America Arts Alliance staff; (2) Up to six (6) admissions for members of Mid-America Arts Alliance Board of Directors, contributors to Mid-America Arts Alliance, or other invited guests of Mid-America Arts Alliance. 11. NON-PROFIT STATUS Exhibitor affirms that it possesses not-for-profit status as designated by the Internal Revenue Service. Exhibitor agrees to notify ExhibitsUSA immediately of any alteration of its not-for-profit status which may occur prior to the conclusion of the program. 12. TECHNICAL ASSISTANCE. ExhibitsUSA agrees to furnish assistance to Exhibitor for the development, organization and planning of this program, on a reasonable basis. 13. ASSURANCE OF COMPLIANCE. Exhibitor shall comply with all provisions of EXHIBITSUSA AGREEMENT ATTACHMENT D (Assurance of Compliance) which is incorporated by this reference and made a part hereof. This Attachment identifies compliance regulations required by ExhibitsUSA1s federal and state funding sources. 14. FUNDING DEFAULT, 'FORCE MAJEURE'. (a) In the event that any or all of the grants (as referenced in paragraph 2(a) above) or Exhibition Fees to support the full cost of the Exhibition are not forthcoming to ExhibitsUSA, neither ExhibitsUSA nor Mid-America Arts Alliance nor Exhibitor shall be held liable and Mid-America Arts Alliance may amend or terminate this Agreement. (b) In the event of 'Force Majeure1 which prevents the articles of this Agreement from taking place, neither ExhibitsUSA nor Mid-America Arts Alliance nor Exhibitor shall be held liable, and this Agreement shall become null and void. EXHIBITSUSA AGREEMENT page 5 15. BINDING EFFECT. Bookings-44485 William D. Cannon Art Gallery This Agreement sets forth the full and complete understanding between Mid-America Arts Alliance and Exhibitor and shall be binding upon Mid- America Arts Alliance and Exhibitor, as well as their respective successors and assigns. Any questions or clarifications required by Exhibitor regarding this Agreement must be directed to ExhibitsUSA prior to the execution of this document by Exhibitor. This Agreement may be altered only in writing, signed by both parties, except as provided herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on February 12, 2011. EXHIBITSUSA, a national division William D. Cannon Art Gallery of Mid-America Arts Alliance (M-AAA) Name : Dana M . Knapp Title: Director of Programs; Title _ Mid-America Arts Alliance Date: February 12, 2011 Date APPROVED AS TO FORM By_ Print Name_ Title Date The following information is required for reporting to the National Endowment for the Arts. U.S. Congressional District No. : State House District No.: State Senate District No . : County Name:94-M NEHQrj" m ^ " ", Agreement Attachment A t n e£^ Q £J |Q Credit Language Requirement The exhibition you are presenting is being made available to your community by ExhibitsUSA, which is supported by public agencies and private contributors. Our ability to raise funds for such programs is directly related to the credit acknowledgments you provide. You are required to give proper credit to ExhibitsUSA, a national division of Mid-America Arts Alliance, and its funding sources in all promotional and educational materials. This page provides you with the detailed credit language and how it is required to be used. In the event ExhibitsUSA secures funding for a particular program that affects your exhibition, you may receive amended credit requirements. This attachment to your Exhibits USA Agreement must be signed and returned to us within 60 days. Your agreement for this program will not be complete without this signed attachment. Failure to meet these credit requirements will jeopardize your participation in future ExhibitsUSA programs. 1. CREDIT PANELS: The credit panel in this exhibition must be prominently displayed at or near the entrance to the exhibition at all times. 2. For ADVERTISEMENTS, ANNOUNCEMENTS, WEBSITES, BROCHURES, INVITATIONS TO OPENINGS and other printed and electronic materials the following is required: This exhibition has been made possible through NEH on the Road, a special initiative of the National Endowment for the Humanities. It is brought to you by Mid-America Arts Alliance. Our Lives, Our Stories: America's Greatest Generation-was organized by the Minnesota History Center/Minnesota Historical Society, St. Paul, MN. Type size should be consistent with the majority of the type in your materials and never smaller than 8 point type. 3. For NEWS RELEASES: You must include the following credit language within the first five paragraphs of any news release (not public service announcements) prepared for the media (newspapers, radio and television): "This exhibition has been made possible through NEH on the Road, a special initiative of the National Endowment for the Humanities. It is brought to you by Mid-America Arts Alliance Our Lives, Our Stories: America's Greatest Generation was organized by the Minnesota History Center/ Minnesota Historical Society, St. Paul, MN." Exhibitor's failure to meet the above credit requirements will jeopardize it's participation in future ExhibitsUSA programs. Exhibitor hereby agrees to all credit requirements as stated above. Q.II"/ af £/HLLSpri-D / Exhibitor Date Signature V Title NEHQr\ " ™ ^ " "- Agreement Attachment B _ _ ^R Q £i O Shipping and Handling Provisions — Common Carrier 1. Incoming Shipping a. Exhibitor will receive the exhibition via Common carrier from the previous exhibition site. Exhibitor, within the continental United States, will not be responsible for incoming shipping costs and should contact ExhibitsUSA before accepting collect shipments. b. ExhibitsUSA will make a good faith effort to facilitate the arrival of the Exhibition no later than 4 business days in advance of the exhibition's beginning date specified in Paragraph 1 of the Agreement. ExhibitsUSA shall not be held responsible for delays outside of its control. c. If the exhibition has not been received within four days prior to the exhibition beginning date specified in Paragraph 1 of the Agreement, exhibitor must contact ExhibitsUSA immediately. d. In order to ensure that the exhibition will be delivered to the proper location, exhibitor must indicate below the shipping address to be used for transport. If this information is not provided, the exhibition cannot be shipped. SHIP EXHIBITION TO: ? wiiLf/v//| D. cA^Nohl /for Name of Exhibitor Contact Person Telephone Number Address Address Ck City State Zip LOADING DOCK? YES^NO)(circle one) IF YES, LOCATION: 2. Outgoing Shipping of Exhibition Common Carrier a. Exhibitor will coordinate with the ExhibitsUSA registrar and representative of the designated Common carrier to transport the exhibition to the next exhibition site. Exhibitor is responsible for payment of its share of outgoing transportation charges. The amount of the transportation charge will not exceed $1,000. NEH on the Road will pay any remaining fee beyond $1,000. Payment is due to ExhibitsUSA on or by the opening date of the exhibition. b. Exhibitor will be responsible for providing four to five persons to assist with the unloading of the exhibition. Exhibitor will be liable for any additional charges incurred as a result of special services such as multiple delivery sites or pick up locations, uncrating by shipping company, packing by shipping company, et cetera. NEHQ *> • m ^ • • Agreement Attachment B _ _ fR Q £10 Shipping and Handling Provisions—Common Carrier c. Shipping includes the cost of shipping within the Continental United States. Exhibitors outside the United States will be liable for additional charges related to customs brokerage fees, and any additional costs incurred shipping the exhibition across international borders for both incoming and outgoing shipping. d. ExhibitsUSA will specify the name and address to which the Exhibition is to be shipped, as well as the date by which the Exhibition must arrive at the next exhibition site. e. Exhibitor will retain bill of lading receipts for a period of three weeks from the date of shipment. f. Exhibitor will be liable for any costs resulting from exhibitor's delay or failure to transport the exhibition in accordance with the provisions of this attachment. 3. Exhibitor will be responsible for reasonable supervision and care of the Exhibition, crates, packing material and everything contained therein, from its incoming shipping until its outgoing shipping according to the timeline. One copy of this completed attachment must be returned to ExhibitsUSA with the Agreement. N FHmm I I Agreement Attachment C (neD O 3 H Security Requirements Limited For exhibitions with few environmental or security restrictions. • No food or drink in gallery or around artworks at any time • Fire protection according to local ordinance • Limited-access gallery or display area; hallways, lobbies, other trafficways not acceptable • Exhibition locked after hours • No temperature extremes (65 - 75 degrees) • No humidity extremes (45 - 65%) • No sunlight; light sources must have UV filters, and windows will be blocked by shades or blinds at all times • Responsible supervision of artwork at all times • Careful handling Exhibitor has read and understands the security requirements outlined above.of- Signature NEHf~ mm mm m m Agreement Attachment D tneD O 3 r| Assurance of Compliance All ExhibitsUSA programs are made possible in part through Federal Agency: National Endowment for the Arts; Category: Partnership; Discipline/Field: State and Regional Programs; CFDA (Catalog of Federal Domestic Assistance) #: 45.025. As a result, Exhibitor is required to comply with state and federal regulations as follows: (a) Exhibitor agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); and where applicable, Title IX of the Educational Amendments of 1972 (20 U.S.C. 1681 et seq.), as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes. Title VI, Section 504, ADA, and the Age Discrimination Act prohibit discrimination on the basis of race, color, national origin, disability, or age in any ExhibitsUSA program or activity. Title IX prohibits discrimination on the basis of sex in any educational ExhibitsUSA program or activity. (b) Exhibitor's financial records, supporting documents, and all records related to this ExhibitsUSA program shall be retained for a period of three years from the date of the Final Evaluation Report, or until a federal audit has been completed and any questions arising from it have been resolved, whichever is the lesser period. Exhibitor shall grant to ExhibitsUSA or the National Endowment for the Arts access to any pertinent books, documents or other records kept by Exhibitor to make audits or examinations as necessary. (c) Exhibitor certifies that it will administer ExhibitsUSA funds, if any, in accordance with Office of Management and Budget (OMB) Circular A-133. Exhibitor also agrees to have audits made in accordance with OMB Circular A-133, if Exhibitor expends $300,000.00 or more in Federal Awards during Exhibitor's fiscal year, and will submit complete copy of audit reports upon completion of such audits if requested. Exhibitor will also take prompt corrective action on any audit findings and will send ExhibitsUSA proof of implementation of such corrective action plans. (d) Exhibitor shall not use federal or state funds provided by ExhibitsUSA for purposes of lobbying to affect legislation of federal or state governments pursuant to 18 United States Code, Section 1913, and OMB Circular A-122, "Lobbying" revision. (e) Exhibitor's Final Evaluation Report shall be prepared in compliance with cost principles as established with OMB Circular A-122 ("Cost Principles for Nonprofit Organizations"), Circular A-21 ("Cost Principles for Educational Institutions") or Circular A-87 ("Cost Principles for State and Local Governments"), as applicable. (f) Exhibitor shall comply with the Drug-Free Workplace Act of 1988. (g) Exhibitor certifies that its organization and principals are not suspended or debarred by any federal agency. (h) Exhibitor shall comply with 29 CFR Part 505 of the Department of Labor, which provides that (1) all professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part with ExhibitsUSA funds will be paid not less than the minimum compensation for persons employed in similar activities, and (2) no part of any project or production which is financed in whole or in part with ExhibitsUSA funds will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. (i) Exhibitor certifies that its organization has on file a Section 504 Self-Evaluation. If Exhibitor has not previously conducted this self-evaluation or wishes to update the results of previously conducted evaluations, it may contact the NEA's Office of Civil Rights, free of charge, for a copy of a Program Evaluation Workbook. Copies of the above referenced federal guidelines can be obtained from the Office of Management and Budget or local libraries.