Details of 150th sculpture gift to Flinders agreement

This Agreement is between Mornington Peninsula Shire (MPS), the Flinders Community Association (FCA) and Sculpture Commissions Pty. Ltd. (the Artist), for the installation and ongoing management of the Flinders 150th Celebration Sculpture on the roundabout at the intersection of Cook St and Wood St in Flinders.

The requirements of the planning permit P14/0309 must also be considered in conjunction with this agreement.


  1. Commission: The FCA is responsible for the production of a sculpture as part of the Flinders 150th Celebrations. The sculpture will be a gift to the community from the FCA as part of the Flinders 150th Celebrations. The cost of the sculpture, the fee for works and payment schedule to the artist is the responsibility of the FCA.


  1. Artwork Details: The integrity of the artwork is important to MPS, FCA and the Artist. As such, any works or changes that impact the artwork are to be discussed and agreed by representatives of FCA and MPS. MPS and/or FCA can also refer to the Artist, Andrew Rogers, for further information or advice as required.


  1. Description: The Artwork is approximately 3.5m in height, constructed in patinated silicon, bronze and stainless steel in a conical shape. The sculpture will be created by Sculpture Commissions Pty Ltd (the Artist). It is understood that the Artist will use aesthetic skill and judgment to create a unique work and that the commissioner agrees to the completed work providing it is the approximate dimensions and in similar form to that in the series of sculptures known as “I Am”.


  1. Ownership: At the time of installation of the Sculpture, the FCA agrees to ‘give’ the sculpture to the Mornington Peninsula Shire. To formalise this arrangement, the Shire agrees to pay a small fee of $10 for the sculpture that it will then become the property of the Mornington Peninsula Shire. Should the sculpture require removal, the Shire must consult with the FCA with regard to the future ownership and location for the Sculpture, subject to the provisions of paragraph 10 of this agreement.


  1. Copyright: Copyright shall be retained by the Artist, who agrees to allow the FCA and Mornington Peninsula Shire to use images of the sculpture for advertising and promotion as they require. In the event of production of promotional material the following names will be included: the Artist’s name, the FCA, Mornington Peninsula Shire and Flinders 150th.


  1. Authorship: Informative/interpretative signage including the Artist’s name, the Foundry name, the installers name and a description of the sculpture and the Flinders 150th celebration, in a similar style to that as existing historical signage in Cook St Flinders, shall be provided to MPS by FCA for installation at a suitable location near to the sculpture.


  1. Delivery and Installation. The delivery and installation of the sculpture will be undertaken by the Artist, in consultation with FCA and the Shire. The Artist must provide to the Shire, details of soil testing (if deemed necessary by the consultant engineer), engineering drawings for footings, mounting and other structural details as deemed necessary by the consulting engineer prior to installation. The consultant/contractor undertaking such testing, drawings and details must be certified to undertake these works.


  1. Project Management/Surveillance. The Shire’s furniture & signs contractor, Transfield, will work with the Artist to assist in coordinating the installation of the sculpture. The Artist must work with Transfield to ensure that traffic management and other OHS requirements are completed to the reasonable satisfaction of the Shire and Vic Roads. The Shire’s construction and asset protection team will assist with surveillance of the Shire’s assets throughout the works.


  1. The sculpture will be subject to a 12 month defect liability period. The Artist will be responsible for any defects in workmanship in this period.


  1. Non-Destruction or Alteration: All parties agree not to destroy, damage, alter or modify intentionally, the work in any way. The location of the sculpture may be changed in the future, to elsewhere within the Flinders township, after consultation between MPS and FCA. The FCA will be given the option to buy back the sculpture for the same small fee as the purchase price of $10 in the event that it must be removed from its current site and a suitable alternative public location within Flinders cannot be identified.


  1. Maintenance and Repair: The Mornington Peninsula Shire shall be responsible for the proper cleaning and maintenance of the work following installation.  The Artist or FCA must provide detailed information about the materials of the sculpture and a maintenance schedule upon delivery of the sculpture. The maintenance schedule must include what cleaning products are suitable for use on the sculpture and how graffiti should be removed. Details of a way to deter adherence of graffiti to the surface and protect the sculpture will be provided and the frequency of its application should also be included in the maintenance schedule.

Note – Maintenance: The work is expected to oxidise naturally in the salt air which contributes to the protection of the bronze. Maintenance is likely to involve washing the sculpture with fresh water every six months. Alternatively, to maintain the work with a polish then a 6 monthly polish is required with Carnauba Oil or Beeswax.


  1. Vandalism and Damage: Any vandalism of or damage to the sculpture as a result of its construction or location, will be subject to inspection and assessment. If at any time the artwork is damaged beyond economical repair, then the options for the management of the sculpture, including the cost/funding of works to reinstall or restore the sculpture, will be discussed between MPS and FCA. The artist will be invited to provide advice and/or undertake repairs if they are significant or if specialist advice is required.


  1. Insurance: The Shire will insure the artwork on the public art register against theft and damage following its installation. The Artist is responsible for the insurance of the artwork until completion of the installation. The Shire will also hold Public Liability Insurance for the sculpture within the roundabout location in accordance with the planning permit P14/0309 Condition 6.


  1. Bond: Planning permit P14/0309 Condition 11 requires a bond of $20,000 to be paid by FCA and to be held by the Shire for a period of 12 months. Provided that the Artist provides the necessary plans and certification and the sculpture is installed in accordance with paragraphs 7 and 8 above, the bond will be suspended and is not required to be held by MPS. In addition, the Artist agrees to a defect liability period of 12 months following installation as a warranty against structural defects of the sculpture, in accordance with paragraph 9.


  1. Supporting Infrastructure. Any supporting infrastructure including, but not limited to, signage, bollards, fencing, lighting and landscaping is at the discretion of MPS, as land manager. MPS will consult with FCA as required regarding supporting infrastructure.


  1. Sculpture Review. In accordance with the Council decision of 11 Aug 2014 and the planning permit condition, the sculpture will be subject to a review on 11 Aug 2016. MPS will work with FCA to determine how this review will be undertaken and the timing for the review. The outcomes of the review will be presented to Council for their consideration and approval.


Signatures by all parties to the Flinders 150th Sculpture Management Agreement:

Signed _________________________________________________________________________

Name: _________________________________________________________________________

Position/Title: ____________________________________________________________________

Organisation:      Flinders Community Association



Signed _________________________________________________________________________

Name: _________________________________________________________________________

Position/Title: ____________________________________________________________________

Organisation:       the Artist




Name: _________________________________________________________________________

Position/Title: ____________________________________________________________________

Organisation:       Mornington Peninsula Shire