Council governance & administration

Art and About expression of interest 2024/25

Published

Terms and conditions

By participating in the Art & About Sydney 2024-2025 EOI process, participants (‘Artists’) acknowledge and accept the following terms and conditions.

Stage One submissions

  1. Stage One submissions must be submitted using the Art & About Sydney online form by 5pm AEST on Wednesday 28 February 2024.
  2. Stage One submissions must be in the form and include all the information specified in the Stage One Submission Requirements and the Art & About Sydney online form.
  3. All costs incurred by Artists in any way associated with the preparation and submission of a Stage One submission is entirely borne by the Artist.
  4. The Artist must disclose in the Stage One submission details of all proposed or required funding partners, sponsors, presenting partnerships, producers (other than the City) or similar third parties for the Artist and/or the project.
  5. Failure to submit all information required as part of a Stage One submission, or failure to disclose the details set out in item 4 above, may result in the Artist’s submission being excluded from evaluation or rejected from the EOI process at any time.

Information and enquiries

  1. Where an Artist has any doubt about the meaning of any aspect of the EOI process, the Artist must make enquiries in writing to [email protected] by Tuesday 20 February 2024.

Shortlisting and selection

  1. The City reserves the right to shortlist and/or select any number of projects as part of the EOI process, including not shortlisting or selecting any projects.
  2. The City reserves the right to shortlist and/or select projects in part or in full.
  3. All decisions made by the City in relation to the EOI process are final.
  4. The shortlisting and/or selection of any project will be at the sole discretion of the City. Shortlisting is no guarantee of selection.
  5. The City reserves the right to reject submissions that the City deems (at its sole discretion) to be incomplete, not feasible, high risk, insufficiently detailed or undefined, that do not comply with the specified submission requirements or terms and conditions, or do not meet the Brief.
  6. Stage Two submissions for shortlisted projects must be submitted via Tenderlink in accordance with the instructions specified by the City.
  7. Shortlisted Artists must consider any feedback or directions in relation to the proposed project provided by the City in response to their Stage One submission, and as part of preparing their Stage Two submission.
  8. The City will pay $1,000 (excluding GST) on receipt of a complete and conforming Stage Two Submission by the Key Date specified by the City, and a valid tax invoice. This is the maximum amount payable for a Stage Two Submission, irrespective of the number of projects, Artists or personnel it comprises.
  9. The City reserves the right to not proceed with any projects submitted via the EOI process, and/or to source projects outside the EOI process.
  10. Shortlisting and/or acceptance of projects may be subject to an interview or presentation process.
  11. The completion of a Stage 2 submission is no guarantee of selection or the City proceeding with the project.
  12. The City reserves the right to consider project for presentation dates beyond June 2025.

Artist not to solicit City personnel

  1. The Artist (and any personnel of the Artist, proposed team member or sub-contractor for the project) must not, at any time during the EOI process at any time before the City makes a final decision as to whether to select and proceed with a project, contact, discuss or attempt to discuss the EOI, the project or the Artist’s Stage One or Stage Two submissions with any City employee, Councillor, or person engaged by the City to participate in any way with the EOI. The City reserves the right to reject any submission that contravenes this condition.

Conflict of interest

  1. Artists must disclose any conflict of interest in performing the commission or delivering the project as part of their Stage Two submission, including detailed information about the nature and scope of the conflict of interest and how the Artist would resolve or manage the conflict of interest if selected.
  2. In these terms and conditions, ‘conflict of interest’ means an actual or potential pecuniary or non-pecuniary conflict of interest (refer to the City’s Code of Conduct for more information).
  3. If an Artist fails to disclose a conflict of interest and the City then becomes aware of the conflict, the Artist may be excluded from this EOI process and/or any future process by which the City is seeking proposals or the provision of goods or services.

Agreement

  1. Terms and conditions that apply to the Stage Two part of the EOI process will be advised to shortlisted Artists via Tenderlink, as part of Stage Two. Any such terms and conditions are in addition to these terms and conditions.
  2. Artists selected by the City at the conclusion of Stage Two must enter into an Art & About Commissioning Agreement with the City for the delivery of the project. A copy of the Agreement that will apply will be provided to all shortlisted Artists as part of Stage Two. No amendments to the Agreement terms and conditions will be accepted.
  3. No legal or other obligations will arise between an Artist and the City unless or until an Art & About Commissioning Agreement has been signed by both parties.

General

  1. Projects selected through this EOI process will be presented as part of Art & About Sydney, produced and commissioned by the City.
  2. Projects selected through this EOI process must be presented in the City’s LGA during the period September 2024 to June 2025, unless otherwise agreed by the City.
  3. Artists must have a valid Australian Business Number (ABN) in order to participate in the EOI process.
  4. Artists and participants in the EOI process must comply with all directions given by the City in relation to the EOI process.
  5. Artists must not make any statements to the media, or include any statements on social media, personal websites or other public forums, about the EOI process and/or the project without prior approval from the City.
  6. Artists will be responsible for obtaining public liability insurance (minimum of $20 million per occurrence), professional indemnity insurance (where relevant), and worker’s compensation insurance. Shortlisted Artists must provide the City with certificates of currency for all required insurances as part of Stage Two.