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5-3 Public Art Policy -Section IV. Installation Agreement

County Administrator's Office

  • For artwork approved for installation there must be a written agreement with the artist and the County with the contract executed by the department head, general manager, or executive director of the County department or agency normally responsible over the area in which the artwork will be displayed on behalf of the County.
  • The contract should specify who maintains the art.
  • Unless otherwise specified in the contract the artist and or associated interests will be responsible for the costs associated with developing the artwork and its subsequent installation in a public space.
  • The contract will contain an indemnity and “hold harmless” clause that indicates that the artist agrees to hold harmless the County of Sonoma from any claim that may arise from the artist’s participation in the exhibit including loss, vandalism or damage caused by natural events to the artwork, or any claim against the County arising from display of the work.
  • The contract should indicate that there is no guarantee that the piece will be exhibited or be on display for any period of time.
  • The contract should indicate that the artwork piece will not be accepted if it is wet, unfinished, or too fragile and/or poses a hazard as determined by the County.
  • The contract should state that the artist is responsible for the legal and ethical integrity of their artwork.
  • The contract should state that the artist will not be allowed to change the art or title without the County’s consent.
  • The Contract should state and identify the specific party responsible for mounting, securing, safeguarding and removing the artwork.
  • The contract shall indicate if the art to be displayed will be retained for ownership by the artist or associated interests of if the artwork is a gift and or endowment to the County in perpetuity.
  • The contract shall state limitations associated with the disposition of artwork given to the County and clearly indicate that the County will retain full ownership of current and future value assigned to the artwork.