Contract for the Provision of Artistic Services

CONTRACT FOR THE
PROVISION OF
ARTISTIC SERVICES
Between
The Commonwealth of Australia as represented by the Department
of Parliamentary Services
ABN 52 997 141 147
And
[Bettina Fauvel Ogden]
[223 456 331 92]
1

CONTRACT FOR THE PROVISION OF ARTISTIC SERVICES
Date
This Agreement is dated [14 March].
Parties
This Agreement is made between and binds the following parties:
1. The Commonwealth of Australia as represented by the Department of
Parliamentary Services (the Commonwealth)
2. [Bettina Fauvel Ogden] [223 456 331 92]
(the Artist)
Context
This Agreement is made in the following context:
A. The Commonwealth seeks to commission a Portrait of the Subject for inclusion in
the Historic Memorials Collection.
B. The Artist has offered to create the Portrait on the terms set out in this Contract.
C. The Commonwealth has agreed to accept the offer by the Artist on the terms set
out in this Contract.
2

Contract Particulars 6
Conditions of Contract 8
1. Definitions and Interpretation 8
1.1. Definitions 8
1.2. Interpretation11
2. Provision of the Artistic Services 11
2.1. Services 11
2.2. Standard of Artistic Services 11
2.3. Limit of Authority 12
2.4. Notice of Matters Impacting Upon Artistic Services 12
2.5. Report 12
2.6. Title and Risk 12
3. Provision of Information and Assistance 12
3.1. Obligations of DPS 12
3.2. Additional Information 13
4. Intellectual Property 13
4.1. Contract Material 13
4.2. Licence of Existing Material 14
4.3. Artist’s Obligations in Relation to Contract Material 14
4.4. Artist’s Warranty 14
4.5. Indemnity 14
4.6. Moral Rights 14
5. Confidentiality 15
5.1. Non-Disclosure 15
5.2. Artist’s Confidentiality 15
6. Privacy 16
7. Personnel 17
7.1. Project Officer 17
7.2. Employees and Subcontractors 17
8. Payment 17
8.1. Payment of Instalments 17
8.2. Reimbursement of Agreed Expenses 18
8.3. Invoices 18
8.4. Payment 18
8.5. Prices and Reimbursements All-Inclusive 18
9. Insurance and Indemnity 19
9.1. Public and General Liability Insurance 19
9.2. Workers’ Compensation Insurance 19
3

9.3. Professional Indemnity Insurance 20
9.4. Maintenance of Insurance Policies 20
9.5. Claims Against Insurance Policies 20
9.6. Inspection of Policies by DPS20
9.7. Indemnity 20
10. Work Health and Safety 21
11. Dispute Resolution 22
11.1. Dispute Notice 22
11.2. Representatives to Meet 22
11.3. Reference to Expert 22
11.4. Expert Appraisal 22
11.5. Independent Expert 22
11.6. Determination 23
11.7. Costs of Appraisal 23
11.8. Arbitration 23
11.9. Condition Precedent 24
11.10.Continued Performance 24
11.11.Clause Survives Termination 24
12. Termination 24
12.1. Termination by DPS 24
12.2. Termination for Fault 25
12.3. Termination Not to Affect Rights 25
12.4. Procedure Upon Termination 25
13. Statutory Requirements 25
14. Security 26
15. General 26
15.1. Entire Agreement 26
15.2. Conflict of Interest 26
15.3. Access to the Artist’s Premises 27
15.4. Waiver 27
15.5. Costs 27
15.6. Notices 27
15.7. Deemed Service 28
15.8. Assignment 28
15.9. Governing Laws 28
15.10.GST 29
15.11.Precedence of Documents 29
15.12.Survival 29
Execution Page 30
Schedule 1 Statement of Requirements 32
1. Portrait for Historic Memorials Collection 32
4

2. Submission and approval process - Sketch 33
3. Submission and approval process - Portrait 34
4. Consultation by DPS with others 35
5

Operative Provisions
The parties to this Agreement agree as follows:
Contract Particulars
No Particular Detail
1
Commonwealth
Details
Department of Parliamentary Services
Parliament House
CANBERRA ACT 2600
2
Artist Details [Bettina Fauvel Ogden and My registered address is 221B The
Esplanade, St Kilda VIC 3182]
3 Contract
Commencement
Date
[1 May]
4 Subject Artistic Services related to the portrait of [insert procurement
of the portrait of prime minister]
6 Insurance
Public liability insurance for an insured amount of [$ 1 million
per occurrence and not less than [$5 million] in aggregate
Professional indemnity for an insured amount of [$ 1 million ]
per occurrence and not less than [$5 million] in aggregate.
Workers compensation as required by law
7 Address for notices
Project Officer:
[Jacqueline von Muppet]
Parliament House
PO Box 6000
CANBERRA ACT 2600
Artist:
[Bettina Fauvel Ogden]
[egistered address is 221B The Esplanade, St Kilda VIC
3182]
[[e-mail]]
6

8
Date for First
Submission of the
Sketch
[1 May]
9
Date for First
Submission of the
Portrait
[1 June]
10 Date for Submission
of framed final
Portrait
[1 September]
11
Payment
Instalments:
Payment Instalment 1: $ <insert amount> (incl. GST)/
<$30,000> (excl. GST)
Payment Instalment 2: $ <insert amount> (incl. GST/ )/
<$30,000> (excl. GST)
Payment Instalment 3: $ <insert amount> (incl. GST) )/
<$50,000> (excl. GST)
12 Rates for the Artist's
travel and
accommodation
costs:
In accordance with Government non-SES rates standard
rates for your airfare and accommodation
7

Conditions of Contract
1. Definitions and Interpretation
1.1. Definitions
1.1.1. Unless the context indicates otherwise, when used in this Contract each word or
phrase defined in this clause 1 has the meaning given to it in this clause 1:
"Artistic Services" means all work that is required to be carried out to enable the
completion of the Portrait in accordance with this Contract.
“Artist’s Personnel” means any one or combination of the following of the Artist
as applicable to the circumstances:
a. employees;
b. officers;
c. agents; and
d. Subcontractors.
"Artist's Representative" means the person who will represent the Artist in
relation to the resolution of any disputes under clause 11, being:
()a the person (if any) nominated by the Artist within five (5) Business Days of
a request by DPS; or
()b absent any nomination, the Artist.
"Business Day" means each day except:
()a Saturdays or Sundays; and
()b public holidays observed by the Australian Public Service in the Australian
Capital Territory.
"Claim" includes any claim, action, proceeding, damage, loss, expense, cost
(including the cost of any settlement and legal costs and expenses on a solicitor
and own client basis), compensation, or liability, however arising and whether
present, unascertained, immediate, future, or contingent.
"Commonwealth" means the Commonwealth of Australia, and includes DPS.
"Commonwealth Confidential Information" means information of the
Commonwealth that:
()a is, by its nature, confidential;
()b is designated by DPS as confidential;
()c the Artist knows, or ought to know, is confidential;
8