Loading...
HomeMy WebLinkAboutContract 49912 Outgoing Loan Agreement 66" Loan Number: OL.2013.18 CITY SECRETARY CONTRACT N0. C C Loan Purpose Long Term Loan Loan Period 1 Jul 2017—30 Jun 2020 Borrower City of Fort Worth Contact: E-mail: 200 Texas Street Fort Worth,TX 76102 Phone: Mobile: Fax: United States Object Information 1941.2 i } fg „O Power O'Malley A Q The Cowboy c. 1928 Oil on canvas SOV �v1SG� EI'' 70 3/4 x 36 7/8 inches Collection of the Modern Art Museum of Fort Worth, Museum purchaseG�\``1SGGQ ? Insurance Value: $5,000.00 , Y r: Conditions Governing Outgoing Loans General Conditions It is understood that in arranging to receive this loan, the Borrowing Institution/Organizer(hereinafter"Borrower') accepts the general and specific conditions described in this outgoing loan agreement from the Museum of Modem Art of Fort Worth(hereinafter"MAMFW").The complete MAMFW loan agreement document is comprised of the confirmation letter, outgoing loan agreement including this statement of conditions governing outgoing loans, and any other attachments or enclosures,or subsequent executed amendments.In case of any differences between this agreement and any other non-MAMFW loan document(s),the conditions in the MAMFW document will control. Facilities&Security All loans are subject to a review of facility reports for all venues.This report must include information on the building,security,staff,fire detection and suppression. The Borrower agrees that the loan object(s)will be under continuous and vigilant protection from the hazards of fire,theft,exposure to extreme or deteriorating light,extremes of temperature and relative humidity,insects,dirt or handling by unauthorized or inexperienced persons or the public. Environmental Conditions Control of relative humidity and temperature is required in gallery,storage and packing areas where MAMFW loans are located.Unless otherwise specified,the general environment for loans must be as follows: Temperature 70'F +/-5' (18-23"Q Mt be maintained 24 hours a day and there must be a system Relative Humidity 50% +/-5% T in place to monitor and record temperature and relative humidity No food,drinks,or smoking in the galleries,storage,or receiving/holding area in which the borrowed object(s)is located.There must be no exposure to direct, indirect or filtered daylight.Natural,quartz,tungsten-halogen and fluorescent light must be filtered for ultraviolet radiation. Modem Art Museum of Fort Worth 3200 Darnell Street,Fort Worth,TX 76107 \vvw,thernodem.org Light levels must be measured with a calibrated footcandle/lux meter,and exhibition lights in the galleries are to be turned off when galleries are closed to the public. Light levels must not exceed: Paintings 25 FC(250 Lux) Works on Paper 5-10 FC(50-100 Lux) Photographs 5-10 FC(50.100 Lux) Textiles 3-5 FC(30-50 Lux) Furniture 15 FC(150 Lux) Care,Handling and Display of Loan Object(s) The loan object(s)shall be held and returned in the same condition in which they were received by the Borrower.The loan object(s)may not be cleaned,repaired, retouched,removed from mats,mounts,or frames,or altered in any way except with the written permission of the MAMFW Curator.The loan object(s)may not be subjected to any kind of technical examination except with written permission of the MAMFW Curator and Registrar.Framed works that are provided with security hardware must be mounted to the gallery walls with security screws.Locked glass or Plexiglas cases or vitrines are required for three-dimensional objects,unless the MAMFW Curator agrees to alternative method of display and protection.Materials used in case construction or any materials used in the gallery which come into direct contact with the object(s)must be of chemically inert materials or known not to cause deterioration.The Borrower must report any damage or loss immediately to the MAMFW Registrar.For normal business hours:Tel.817-840-2149/2128.For off hours:Tel.817-738-9215 and ask that the Registrar be contacted at home or on cell phone.Unless it is necessary to move an object to protect it from further damage,the Borrower will wait for MAMFW instructions. Storage of MAMFW loan objects off the Borrower's premises is not permitted without the specific consent of the MAMFW Registrar. Packing and Handling The MAMFW Registrar will pack the loan objects and crate as necessary.Only qualified members of the Borrower's staff may unpack,repack and handle the objects.Commercial firms,if used,must be approved by the MAMFW Registrar and must be supervised at all times by the Borrower's staff. Shipping and Transportation The Borrower must consult with and obtain advance approval from the MAMFW Registrar before finalizing any transportation arrangements.The MAMFW requires all shipments be scheduled via the most direct route.All vehicles used must have air-ride suspension and climate control,alar security,be manned with dual-drivers and must never be left unattended.The MAMFW reserves the right to request a transport company/agent other than the one selected by the Borrower. Couriers The MAMFW reserves the right to determine at any time prior to or during the loan period that courier accompaniment is required and to designate a courier.The Borrower will be responsible for all costs incurred for the trips,including: Round-trip Airfare Business Class airfare for portions of trips escorting artwork Hotel 2 nights domestic U.S.;3 nights for international(except Asia&Australia);5 nights for Asia&Australia Per Diem $75/day for domestic U.S.;$100/day for international Travel Allowance $125 for transport expenses to/from airports It may be necessary for MAMFW couriers to stay longer than the above-mentioned prescribed minimum,and in these cases,the Borrower must provide additional days per diem and hotel expenses.If the Borrower fails to pay any of these expenses directly,MAMFW will invoice the Borrower for them. Condition Reports MAMFW condition reports will be sent with the loan object(s).Each report shall be annotated by the Borrower(and MAMFW representative,if present)upon receipt and inspection of the object(s)and prior to re-packing.The Borrower shall pack the reports with the objects.For loans to multiple venues,the MAMFW must be advised immediately if any changes in condition are noted prior to re-packing or upon unpacking at each venue. Reproduction and Photography The Borrower is expected to use MAMFW photography for reproduction purposes.To order such photography,the Borrower should contact: Allie Heath,Assistant Registrar aheath(athemodem.org T:817-840-2172 F:817-840-2105 The MAMFW grants permission for the Borrower to reproduce the loan objects for the following uses in connection with the exhibition:exhibition catalogue, brochure,checklist,publicity and promotion,including the Borrower's website,lectures,archival and registrarial records,non-commercial educational use,and didactic use or displays related to or part of the exhibition. For any other reproduction purposes(including but not limited to postcards,color or black-and-white prints,posters,merchandise,video or film productions),the Borrower must obtain written permission from the MAMFW Registrar and such reproduction will be subject to a separate agreement. The MAMFW grants permission for the Borrower to photograph,film or videotape the loan object(s),or to allow such to be done by third parties,for publicity and promotional purposes in connection with the exhibition.Photography may occur only on the Borrower's premises under the supervision of an appropriate member of the Borrower's staff.Photography conditions,lighting restrictions,and care,handling and display requirements indicated above.Flashbulbs or flash equipment may never be used. Borrower and third-party photography and any duplications or derivatives may be used solely for the purposes outlined above.Neither the Borrower nor any third-party will retain any independent rights to use such photography without specific permission from the MAMFW.The public is not permitted to photograph MAMFW objects on loan. Credit Line The Borrower shall credit the MAMFW as lender on labels,in the catalogue,and in publicity connected with the exhibition as provided in this form.In the catalogue and in all other printed publications,the MAMFW's accession numbers must be indicated with the descriptions of the object(s)or in parentheses immediately following the credit lines. Catalogues Two copies of any published exhibition catalogue or brochure should be sent to the MAMFW Registrar for MAMFW collection files and library. Insurance The loaned object(s)are to be insured by the Borrower during the loan period for the value stated on the face of this agreement under the Borrower's"all-risk", wall-to-wall policy.The Borrower is responsible for the loaned object(s)while they are in its custody and must provide a certificate of insurance prior to shipping. The Borrower will be held financially responsible for any damage or loss which results from negligence(or gross negligence)or from the failure to follow the terms of this contract,including specific written instructions provided by MAMFW. The MAMFW reserves the right to insure(at the Borrower's expense)all loans under its blanket policy and will provide a certificate of insurance prior to shipping. Loan Costs The Borrower shall bear all expenses of the loan,which may include but are not limited to special preparation or framing,conservation examination/treatment, packing/crating,shipping and shipping agents'fees,expenses for MAMFW staff or courier travel,and miscellaneous out-of--pocket costs related to the loan.The Borrower may contact the MAMFW Registrar to obtain estimates for packing and shipping costs,if needed.If the Borrower cancels the loan,any expenses incurred for the loan will be billed to the Borrower. Billing Procedure The MAMFW Registrar will prepare invoices for loan costs and send them to the Borrower.The MAMFW is not responsible for dividing charges among participating institutions.For traveling loans,invoices will be sufficiently explicit to allow the organizer and participating institutions to work out appropriate division of costs according to their agreements with each other.Invoices are payable within 30 days of receipt.At the MAMFW's discretion,the Borrower agrees to prepay the MAMFW's estimated costs in making the loan.Such payments must be in hand prior to shipment and no later than indicated on the invoice. Additional Charges for Loans When it is anticipated that an extraordinary amount of MAMFW staff time and effort will be needed for a major loan,the MAMFW reserves the right to impose an additional charge upon the Borrower with due notice. Borrower Responsibility and Loan Agreement Forms If the exhibition is to travel to more than one venue,it is the responsibility of the Borrower to see that the conditions set forth in this document are met by all exhibiting institutions.All movements of the loan between venues must be approved in advance by the MAMFW Registrar.Loan objects shall be returned directly to the MAMFW from the last venue,unless other arrangements are approved by the MAMFW Registrar. It is understood that in arranging to receive this loan,the Borrower accepts the general and specific conditions described herein.In case of any differences between this agreement and the Borrower's other contractual arrangements,the conditions here will control.The English text of this agreement controls,should any question of legal interpretation of this Agreement arise.In the event of any dispute under this Agreement,the laws of the State of Texas shall apply and the dispute shall be subject to the jurisdiction of the Courts of the State of Texas or the United States District Court. Recall MAMFW reserves the right to recall the loan if these conditions are not met.Violations of this loan agreement will be noted when future loans are considered. The Modem Art Museum of Fort Worth is pleased to agree to the loan of the art from the Collections in accordance with the specific terms and conditions described herein. Borrower's Acceptance I certify that I am authorized to enter into this agreement: Borrower • Date lO 70Z?_ l7 i�1 • MAMFW L. V Date fill I z 0 Maria Price,Director Please complete,sign,and return both copies of this form to The Modern's Registrar.A countersigned copy will be returned to you. Modern Art Museum of Fort Worth 3200 Darnell Street,Fort Worth,TX 76107 817.738.9215 www.themodem.org ' . ATTEST: �CORT0 By: Mary Kayser y City Secretary M&C:NAS r APPROVED TO FORM AND LEGALITY: By: Jessica SC7ty'Attorney ang Assistan II Form 1295 Certification No. NA CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuri /l performance a d rep rting requirements. l Name: Title: