Detailed Contract: Artistic Services for Historic Memorials Collection

This document is a comprehensive contract for the provision of artistic services between the Commonwealth of Australia, represented by the Department of Parliamentary Services, and artist Betina Fauvel-Ogden. The contract outlines the commission of a portrait for the Historic Memorials Collection, detailing the context, contract particulars, and conditions of the agreement. It covers essential aspects such as definitions, the scope of artistic services, intellectual property rights, confidentiality, privacy, personnel, payment terms, insurance, work health and safety, dispute resolution, termination clauses, statutory requirements, and security protocols. The agreement also includes a statement of requirements, specifying the portrait's characteristics, submission and approval processes, and consultation procedures. The operative provisions detail the obligations of both parties, ensuring the artist provides high-quality artistic services while adhering to all legal and regulatory standards. This contract ensures the creation and acquisition of a portrait for the Historic Memorials Collection, adhering to a structured framework.

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
[Betina Fauvel-Ogdeninsert name of Artist]
[ABN-223 456 331 92insert ABN (if applicable)]
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CONTRACT FOR THE PROVISION OF ARTISTIC SERVICES
Date
This Agreement is dated 16 March 2020 [insert date].
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. [insert nameBetina Fauvel-Ogden ] [ABN-223 456 331 92insert ABN (if
applicable)]
(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.
Contract Particulars 6
Conditions of Contract 8
1. Definitions and Interpretation 8
1.1. Definitions 8
1.2. Interpretation 11
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
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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
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 DPS 20
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
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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 3332
2. Submission and approval process - Sketch 3433
3. Submission and approval process - Portrait 3534
4. Consultation by DPS with others 3635
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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
[Artist
Representative]
[Betina Fauvel-Ogdenitnsert name and address]
221B
The Esplanade,
St Kilda VIC 3182}
[Betina Fauvel-Ogdeninsert Artist name as the Artist
Representative if the Artist Details include the name of a legal
entity]
3 Contract
Commencement
Date
[20/03/2020insert date Contract is to commence eg, dd/mm/yy]
4 Subject Artistic Services related to the portrait of [insert portrait subject’s
name Clifton Pugh portrait of Gough]
6 Insurance
Public liability insurance for an insured amount of [$
1,000,000 insert amount] per occurrence and not less than [$
5,000,000 insert amount] in aggregate
Professional indemnity for an insured amount of [$
1,000,000 insert amount] per occurrence and not less than
[$ 5,000,000 insert amount] in aggregate.
Workers compensation as required by law
7
Address for
notices
Project Officer:
[Jacqueline Von Muppet
Director Art Collection
[e-mail]
insert name and/or position of person to receive
notices]
Parliament House
PO Box 6000
CANBERRA ACT 2600
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[[e-mail]
insert email address]
Artist:
[Bettina Fauvel Ogden insert name]
[221B The Esplanade, insert postal address]
[St Kilda VIC 3182insert physical address]
[[e-mail] insert email address]
8
Date for First
Submission of the
Sketch
[1st may 2020 insert date]
9
Date for First
Submission of the
Portrait
[1st June 2020insert date]
10 Date for
Submission of
framed final
Portrait
[1st September 2020 insert date]
11
Payment
Instalments:
Payment Instalment 1: $ <insert amount> (incl. GST)/$
$<$30,000 insert amount> (excl. GST)
Payment Instalment 2: $ <insert amount> (incl. GST/ )/$
<30,000insert amount> (excl. GST)
Payment Instalment 3: $ <insert amount> (incl. GST) )/$
<50,000insert amount> (excl. GST)
[insert as agreed]
12 Rates for the
Artist's travel and
accommodation
costs:
In accordance with Government non-SES rates for [ A three
sittings on the morning 20th and one sitting on the afternoon
of the 27th. The locartion is NSW Parliament HouseInsert
travel details].
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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;
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but does not include information, to the extent that:
(d) by law, it is required to be disclosed to either the public, or in a public
forum; or
(e) it is, or becomes, public knowledge other than by:
i. a breach of any undertaking by the Artist; or
ii. any other unlawful means.
"Contract" means this Contract for the Provision of Artistic Services,
including all of its component parts.
"Contract Material" means all material brought into existence or created
either by, or on behalf of, the Artist under this Contract or in contemplation
of this Contract (but before its commencement), including all sketches
made, photographs taken, the Sketch, the Portrait and any other Material
created as part of the Artistic Services.
"DPS" means the Department of Parliamentary Services, a Commonwealth
parliamentary department, having authority to represent, and act on behalf
of, the Commonwealth in relation to this Contract.
"DPS Representative" means the person who will represent DPS in relation
to the resolution of any disputes under clause 11, as advised to the Artist
by the Project Officer.
"Existing Material" means any Material in existence prior to the Contract
Date which is not owned by DPS and either:
(a) is used in the performance of the Artistic Services; or
(b) otherwise becomes comprised in Contract Material.
"GST" has the meaning given to that term by the GST law.
"GST law" has the meaning given to that term by the A New Tax System
(Goods and Services Tax) Act 1999.
“Independent Expert” means a person agreed between DPS and the Artist
or, failing agreement within 14 days of the commencement of negotiations
to identify a person, a person appointed by the President for the time being
of the Institute of Arbitrators and Mediators Australia at the request of
either party.
"Intellectual Property" includes:
(a) all copyright (including rights in relation to phonograms and
broadcasts);
(b) all rights in relation to inventions, plant varieties, trademarks
(including service marks), designs and circuit layouts; and
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(c) all other rights resulting from intellectual activity in the industrial,
scientific, literary or artistic fields,
but does not include:
(d) Moral Rights.
"Material" includes sketches, working drawings, portraits, paintings,
photographs and notes (stored by any means).
"Moral Rights" means the following non-proprietary rights of authors of
copyright Material:
(a) the right of attribution of authorship;
(b) the right of integrity of authorship; and
(c) the right not to have authorship falsely attributed.
"Parliament House Site Book" means the publication produced by DPS (as
amended from time to time) setting out the requirements of DPS for
persons having access to Parliament House including those relating to:
(a) conditions of access;
(b) working procedures;
(c) conduct;
(d) emergency evacuation procedures;
(e) incident notification and reporting; and
(f) an electronic copy of which is available at www.aph.gov.au.
"Personal Information" has the meaning given to that term by the
Privacy Act 1988.
"Portrait" means the portrait of the Subject to be painted by the Artist.
"Project Officer" means the person specified in the Contract Particulars, or
such other person as nominated, from time to time, by DPS.
"Security Procedures" means all laws, regulations, policies, and other
procedures of the Commonwealth relating to security, confidentiality,
access to Commonwealth premises, and information and protection of
Commonwealth property, and includes the requirements set out in the
Parliament House Site Book and the Commonwealth Protective Security
Policy Framework.
“Sketch” means the sketch to be produced by the Artist described in the
Statement of Requirements.
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"Statement of Requirement" means the content of Schedule 1 of this
Contract.
"Subcontractor" means any party engaged by the Artist to either carry out
any work, or do any other thing, in relation to the provision of the Artistic
Services.
"Taxable Supply" has the meaning given to that term by the GST law.
"Tax Invoice" has the meaning given to that term by the GST law.
“WHS Legislation” means:
(a) the Work Health and Safety Act 2011 (Cth) and the Work Health and
Safety Regulations 2011 (Cth); and
(b) any relevant corresponding WHS law as defined in section 4 of the
Work Health and Safety Act 2011 (Cth).
1.2. Interpretation
1.2.1. In this Contract:
a. headings are for convenience only and do not affect interpretation;
and, unless the context indicates a contrary intention:
b. words denoting the singular include the plural and vice versa;
c. a reference to "person" includes individuals, firms, companies,
associations (incorporated and not incorporated), and other entities;
d. references to clauses include references to subclauses and paragraphs
of those clauses;
e. references to any party to this Contract include its successors and
permitted assigns;
f. words denoting any gender include all genders;
g. reference to any legislation, or legislative provision, includes any
statutory modification, substitution or re-enactment of that legislation
or legislative provision; and
h. no rule of construction applies to the disadvantage of a party on the
basis that the party puts forward this Contract or any part of it.
2. Provision of the Artistic Services
2.1. Services
2.1.1. The Artist must provide the Artistic Services in accordance with the
Statement of Requirement and the terms and conditions of this Contract.
2.2. Standard of Artistic Services
2.2.1. In providing the Artistic Services the Artist must:
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a. exercise a standard of skill, care, and diligence that would be expected
of an expert professional provider of artistic services;
b. exercise the utmost good faith in the best interests of the
Commonwealth;
c. keep DPS fully and regularly informed about all matters either affecting,
or relating to, the provision of the Artistic Services; and
d. comply with all reasonable directions given by the Project Officer.
2.3. Limit of Authority
2.3.1. The Artist is authorised by DPS only to perform the obligations and
activities expressly set out and implied in this Contract.
2.3.2. Unless expressly authorised, the Artist has no authority to, and must not:
a. enter into any contracts, or other legal arrangements in either the
name, or on behalf, of the Commonwealth; or
b. take any act, or step, to either bind or commit the Commonwealth in
any manner.
2.3.3. The Artist is an independent party and is not, and must not purport to be, a
partner, representative, agent or employee of the Commonwealth.
2.4. Notice of Matters Impacting Upon Artistic Services
2.4.1. If the Artist becomes aware of any matter which:
a. is either likely to change, or which has changed, the performance by
the Artist of their obligations under this Contract;
b. either affects, or may affect, the provision of the Artistic Services; or
c. involves any error, omission, or defect, in the Statement of
Requirement
the Artist must promptly give written notice of that matter to DPS
containing:
d. particulars of the change, effect, error, omission, or defect;
e. its likely impact; and
f. the Artist's recommendation as to how to minimise its impact upon the
provision of the Artistic Services.
2.5. Report
2.5.1. The Artist must, at the request of DPS, submit a written report to DPS in a
form, and covering such matters in respect of the performance of the
Artist’s obligations under this Contract, as may be reasonably required by
DPS.
2.5.2. The Artist must promptly and fully respond to any enquiries which DPS
makes in relation to that report.
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2.6. Title and Risk
2.6.1. Title to the Contract Material will pass to DPS upon its creation.
2.6.2. The risk of loss and damage to the Contract Material will remain with the
Artist, and only passes to DPS upon delivery and acceptance of the
Contract Material by DPS.
3. Provision of Information and Assistance
3.1. Obligations of DPS
3.1.1. DPS shall, as soon as practicable:
a. make available to the Artist, all information relating to DPS’s
requirements for the provision of the Artistic Services;
b. use its best endeavours to arrange for sittings by the Subject to enable
the Artist to prepare and produce the Sketch and the Portrait; and
c. provide such other reasonable assistance to enable the Artist to
perform their obligations under this Contract.
3.2. Additional Information
3.2.1. If the Artist considers that any information is required to enable them to
perform their obligations under this Contract, and that information is not
provided by DPS, then:
a. the Artist must give notice in writing to DPS of the details of the
information and the reason why it is required; and
b. if DPS, acting reasonably, agrees that the information is required by the
Artist, DPS shall use its best endeavours to arrange the provision of
the required information.
4. Intellectual Property
4.1. Contract Material
Option A: To be included when IP in all Contract Material (including the Portrait) is to
be owned by the Commonwealth
Note to Drafters: This Option A should always be the first option presented to an Artist (with
Option B removed). Option B should only be considered and included where the
Artist has rejected the proposition of the Commonwealth owning all IP.
4.1.1. Intellectual Property rights in all Contract Material will, upon its creation, vest in
the Commonwealth.
4.1.2. Nothing in this Contract affects the Intellectual Property rights in any Existing
Material.
Option B: To be included when IP in the Portrait is to be owned jointly by the
Commonwealth and the Artist
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Note to Drafters: This Option B should only be considered and included after Option A
has been presented to the Artist, and the Artist is not willing to agree to
that clause.
4.1.1. The portrait should have joint ownership of copyright. The two parties involved
have a right in the reproduction of the portrait for educational or promotional
purposesSubject to clause 4.1.2, Intellectual Property rights in all Contract
Material will, upon its creation, vest in the Commonwealth.
4.1.2. Commercial purposes by either of the parties will have to be established through
a written consentIntellectual Property rights in, the final approved Portrait will vest
in the Commonwealth and the Artist jointly.
4.1.3. There should be no display to the press or any media eyes without a written
consent Nothing in this Contract affects the Intellectual Property rights in any
Existing Material.
4.2. Licence of Existing Material
4.2.1. If any Existing Material is contained or embodied in any Contract Material,
the Artist either grants, or (if the Artist has insufficient rights to grant) must
procure the owner to grant on the best available commercial terms, to DPS
a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, licence
(including the right to sub-licence) to use, reproduce, modify, adapt,
publish, and communicate to the public, that Existing Material for the
purposes of the Commonwealth.
4.3. Artist’s Obligations in Relation to Contract Material
4.3.1. The Artist must:
a. execute all documents, and do all acts and things required by DPS, to
give effect to the rights of DPS under clauses 4.1 and 4.2; and
b. within six months of the final Portrait being accepted by DPS, or
immediately if the Contract is terminated prior to such acceptance
(whichever occurs first), deliver all Contract Material, including any
Existing Material either contained, or embodied, in the Contract
Material, to DPS.
4.3.2. The Artist must not either disclose, or in any other way make available to
the public, any Contract Material prior to delivering it to DPS.
4.4. Artist’s Warranty
4.4.1. The Artist warrants that the exercise by DPS of its rights under this
Contract or its use of the Contract Material will not infringe the Intellectual
Property rights of any person.
4.5. Indemnity
4.5.1. In addition to any other indemnity under this Contract, the Artist fully
indemnifies the Commonwealth against any Claim brought by any person
in respect of either any infringement (including unauthorised acts which
would, but for the operation of section 183 of the Copyright Act 1968,
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constitute an infringement), or alleged infringement, of that person's
Intellectual Property rights in connection with the exercise by the
Commonwealth of its rights either pursuant to, or resulting from, this
Contract.
4.6. Moral Rights
4.6.1. The Artist:
a. unconditionally and irrevocably consents to any acts and omissions
(other than false attribution of authorship) by, and on behalf of, DPS
and any licensee in the Works, relating to any of the following types of
activities:
i. reproduction of the Portrait;
ii. publication of the Portrait;
iii. communication of the Portrait to the public; and
iv. adaptation of the Portrait,
which, but for this consent, may otherwise infringe the Artist's Moral
Rights in the Portrait; and
b. warrants that the consent in this clause 4.6 is genuinely given and has
not been given because of any threat, promise, or inducement, or other
representation, whether written or oral, made either by or on behalf of
DPS.
5. Confidentiality
5.1. Non-Disclosure
5.1.1. Subject to clause 5.1.2, the Artist must not at any time, without the express
written permission of the Project Officer either disclose, or otherwise in any
way make public, and must not allow any other person to either disclose or
make public, any information concerning any of the following (collectively
referred to as Information):
a. this Contract (including any portion of this Contract);
b. the Artistic Services; or
c. Contract Materials.
5.1.2. Subject to clause 5.1.3, the Artist may disclose the Information only to
those persons necessary to enable the Artist to provide the Artistic
Services, and only to the extent necessary to enable the Artist to provide
the Artistic Services.
5.1.3. Prior to disclosing any Information in accordance with clause 5.1.2, the
Artist must first require those persons to whom the Artist intends to
disclose the Information to execute a deed, substantially in the form
contained in Schedule 2 to this Contract, and provide a copy of that
executed deed to DPS.
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5.1.4. If any person, including any media organisation, seeks information from the
Artist concerning the Information, the Artist must:
a. refer that person to DPS, and not make any further communication with
that person in relation to the Information; and
b. inform the Project Officer of the person’s request as soon as possible.
5.1.5. If the Artist breaches any part of this clause 5.1 in any way (including
unintentional breaches), DPS may, in its sole and absolute discretion,
immediately terminate this Contract, this clause 5.1 being of the essence of
this Contract.
5.1.6. If DPS terminates this Contract in accordance with clause 5.1.5, the
Commonwealth will not be liable to make any further payment to the Artist
other that those payments already made at the time of the termination, and
the Artist must comply with clause 12.4.
5.1.7. The Artist must not, without the prior written consent of DPS, either
disclose, or otherwise make public, any Commonwealth Confidential
Information.
5.1.8. This clause 5.1 survives any expiration or termination of this Contract.
5.2. Artist’s Confidentiality
5.2.1. If the Artist believes that the disclosure of any information provided to DPS
in relation to this Contract might affect either the Artist’s personal privacy,
or their business affairs:
a. the Artist may, at the time of providing that information, give notice to
DPS:
i. requesting the information to be treated as confidential; and
ii. specifying the justification for treating that information as
confidential; and
b. subject to this clause 5.2.1, and so far as its obligations under the law
and policy permit, DPS will give effect to the Artist’s request.
5.2.2. The Artist acknowledges and consents to DPS disclosing any information
provided by the Artist, whether confidential or not, if:
a. that disclosure is required under either legislation or by law;
b. that disclosure is required to meet DPS’s reporting or accountability
requirements the Presiding Officers or the Commonwealth Parliament
(including parliamentary committees);
c. the information either is, or becomes public knowledge, other than by
either breach of confidentiality, or other unlawful means;
d. the disclosure is to DPS’s contractors, advisers, or agents, and, if the
information is confidential, those persons are also under an obligation
to keep it confidential; or
e. the disclosure:
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i. has been consented to by the Artist; or
ii. is reasonably necessary to enable DPS to either exercise its rights,
or perform its obligations, under this Contract.
6. Privacy
6.1.1. The Artist agrees, in providing the Artistic Services:
a. not to do any act or engage in any practice which, if done or engaged in
by a Commonwealth agency, would be a breach of an Australian
Privacy Principle under the Privacy Act 1988; and
b. to comply with any directions, guidelines, determinations or
recommendations given by DPS, to the extent that they are consistent
with the obligations referred to in subclause a above; and
c. to ensure that each of the Artist’s Personnel who obtain access to any
Personal Information in connection with this Contract is made aware of,
and undertakes in writing, to observe the Australian Privacy Principles
and other obligations referred to in this clause 6.
6.1.2. The Artist agrees to notify the Project Officer immediately if it becomes
aware of a breach or possible breach of any of its obligations under this
clause 6.
6.1.3. This clause 6 survives the expiration or termination of this Contract.
7. Personnel
7.1. Project Officer
7.1.1. DPS:
a. has appointed the Project Officer as the person to act as its
representative in relation to this Contract;
b. may, from time to time, nominate another person to act as the Project
Officer; and
c. confirms that the Project Officer is authorised to act for and on behalf
of DPS for all purposes in connection with this Contract.
7.2. Employees and Subcontractors
7.2.1. The Artist must ensure that any Artist’s Personnel engaged by the Artist in
connection with this Contract:
a. are qualified, experienced, and competent; and
b. do not perform any work until they have been approved by DPS.
7.2.2. Except as otherwise agreed by DPS, the Artist must ensure that all
subcontracts relating to the performance of their obligations under this
Contract:
a. include provisions substantially in accordance with the clauses of this
Contract; and
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b. reserves such rights to DPS as are secured to DPS under this Contract.
7.2.3. Any approval to subcontract given by DPS will not relieve the Artist from
any of their liabilities and obligations under this Contract.
7.2.4. Notwithstanding any approval to subcontract, the Artist will be liable to
DPS for the acts and omissions of any Subcontractor, and any, employee,
or agent of the Subcontractor, as fully as if they were the acts and
omissions of the Artist.
7.2.5. Neither the Artist, nor the Artist’s Personnel, or other persons engaged by
the Artist in relation to the performance of the Artist’s obligations under
this Contract will, by virtue of either this Contract or the performance of
those obligations, become an employee, of DPS for any purpose.
8. Payment
8.1. Payment of Instalments
8.1.1. Subject to compliance by the Artist with the terms and conditions of this
Contract, DPS shall pay to the Artist the following fees:
a. upon executing this Contract, Payment Instalment 1
b. upon acceptance of the Sketch by DPS, Payment Instalment 2; and
c. upon the final Portrait being accepted by DPS and DPS receiving all
remaining Contract Material in accordance with clause 4.3.1.b, Payment
Instalment 3.
8.2. Reimbursement of Agreed Expenses
8.2.1. DPS shall pay to the Artist any reasonable out-of-pocket expenses
(including the Artist's travel and accommodation costs for sitting sessions
and transport of either the Sketch, or the Portrait, or both the Sketch and
the Portrait, in accordance with the directions of the Project Officer)
incurred by the Artist, upon the Artist quantifying those out-of-pocket
expenses to the Project Officer’s reasonable satisfaction, and in
accordance with the terms and conditions of a prior written approval by the
Project Officer.
8.2.2. The rates paid for the Artist's travel and accommodation costs will be as
specified in the Contract Particulars or, if not specified in the Contract
Particulars, as determined by the Project Officer in any written approval
given under clause 8.2.1.
8.3. Invoices
8.3.1. The Artist must submit to DPS invoices for payments due under this
Contract.
8.3.2. All invoices for payment of fees and reimbursements under this clause 8
must:
a. if GST is payable, be in the form of a Tax Invoice; and
b. include:
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i. the purchase order number, as advised by DPS;
ii. the DPS Contract number;
iii. the name of the Project Officer;
iv. specific details of the amount due and the relevant provision of this
Contract under which it is payable;
v. if it is a reimbursement of out-of-pocket expenses, specify
evidence of compliance with the terms and conditions of any
approval given by the Project Officer; and
vi. such other details as the Project Officer may, from time to time,
reasonably require, ensuring a proper acquittal of the payment
claimed.
8.4. Payment
8.4.1. DPS shall, within 30 days of receipt of a correctly rendered invoice, pay the
Artist the amount then due to the Artist as approved by DPS.
8.5. Payment of simple interest
8.5.1. This clause 8.5 only applies where the:
a. value of this Contract is not more than $1 million (GST inclusive);
and/or
b. amount of the interest payable exceeds $10.00.
8.5.2. For payments made by DPS more than 30 days after the amount became
due and payable, DPS must pay the interest accrued on the payment.
8.5.3. Interest payable under this clause 8.5 will be simple interest on the unpaid
amount at the General Interest Charge Rate, calculated in respect of each
day from the day after the amount was due and payable, up to and
including the day that DPS effects payment as represented by the following
formula:
SI = UA x GIC x D,
where:
SI = simple interest amount;
UA = the unpaid amount;
GIC = General Interest Charge daily rate; and
D = the number of days from the day after payment was due up
to and including the day that payment is made.
8.5.4. In this clause 8.5:
a. ‘General Interest Charge Rate’ means the general interest charge rate
determined under section 8AAD of the Taxation Administration Act
1953 (Cth) on the day payment is due, expressed as a decimal rate per
day.
b. ‘The day that payment is made’ is the day when DPS’s system
generates a payment request into the banking system for payment to
the Contractor.
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8.5.5. For the purposes of clauses 8.3 and 8.4, an invoice is correctly rendered if:
a. it is correctly addressed and calculated in accordance with this
Contract;
b. it relates only to Services that have been delivered to DPS in
accordance with this Contract; and
c. it is a valid tax invoice in accordance with A New Tax System (Goods
and Services Tax) Act 1999 (Cth).
8.6. Prices and Reimbursements All-Inclusive
8.6.1. Unless otherwise agreed by DPS, the fees payable under this Contract
include the cost of providing all work, materials, and equipment, necessary
for the Artist to provide the Artistic Services in accordance with this
Contract.
9. Insurance and Indemnity
9.1. Public and General Liability Insurance
9.1.1. For so long as any obligations remain in connection with this Contract, the
Artist, at their own cost, must effect and have in place a public and general
liability insurance policy:
a. covering all loss and damage from risks, arising out of any act,
omission, or negligence, of either the Artist, or the Artist’s Personnel;
b. for a sum not less than that specified in the Contract Particulars; and
c. otherwise upon terms and conditions approved by DPS.
9.2. Workers’ Compensation Insurance
9.2.1. The Artist must, at their own cost, insure their liability as required under
any applicable workers' compensation laws in relation to their employees
engaged in the performance of any activities in connection with this
Contract.
9.3. Professional Indemnity Insurance
9.3.1. The Artist must effect and maintain professional indemnity insurance with a
limit of indemnity of not less than the amount specified in the Contract
Particulars per claim and in the aggregate for all claims in any 12 month
policy period, and including an automatic right of reinstatement, which
covers the liability of the Artist at general law arising from a negligent
breach of duty owed in a professional capacity, by reason of any act or
omission of either the Artist, or the Artist’s Personnel.
9.3.2. The insurance required by clause 9.3.1 must:
a. have a definition of professional services broad enough to include all
professional services, activities, and duties to be provided and
performed by the Artist, and the Artist’s Personnel, when providing the
Artistic Services; and
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b. extend to cover claims for unintended breaches of Intellectual Property
rights.
9.4. Maintenance of Insurance Policies
9.4.1. To the extent that the Artist’s insurances required by this clause 9 are in
fact written on a claims made basis (notwithstanding any requirements of
this Contract for such insurances to be written on an occurrence basis)
then the Artist shall maintain those insurances until the earlier of:
a. seven years following completion of the work under this Contract; or
b. seven years following an earlier termination of this Contract.
9.5. Claims Against Insurance Policies
9.5.1. If the Artist is eligible to make a claim against their insurance policies to
cover either some, or all, of the costs associated with either the loss, or
damage, to the Contract Material, the Artist warrants that they will submit a
claim to their insurers without delay, or otherwise within the timeframes
agreed to by the Project Officer.
9.6. Inspection of Policies by DPS
9.6.1. The Artist must, at the request of DPS, provide to DPS satisfactory
evidence of:
a. the policies of insurance required under this clause 9; and
b. the currency or any renewal of those policies.
9.6.2. Neither the failure of the Artist to provide evidence of insurance policies
required, nor the absence of a request from DPS for such evidence to be
provided, will relieve the Artist of their obligation to maintain the
insurances required.
9.7. Indemnity
9.7.1. The Artist indemnifies the Commonwealth from and against any:
a. cost or liability incurred by the Commonwealth;
b. loss of or damage to property of the Commonwealth; or
c. loss or expense incurred by the Commonwealth in dealing with any
claim against it including legal costs and expenses on a solicitor/own
client basis and the cost of time spent, resources used or
disbursements paid by the Commonwealth,
arising from either:
d. a breach by the Artist of this Contract; or
e. an act or omission involving fault on the part of the Artist or the Artist’s
Personnel in connection with this Contract.
9.7.2. The Artist’s liability to indemnify the Commonwealth under clause 9.7.1 will
be reduced proportionately to the extent that any act or omission involving
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fault on the part of the Commonwealth contributed to the relevant cost,
liability, loss, damage or expense.
9.7.3. The right of the Commonwealth to be indemnified under this clause 9.7 is in
addition to, and not exclusive of, any other right, power or remedy provided
by law, but the Commonwealth is not entitled to be compensated in excess
of the amount of the relevant cost, liability, loss, damage or expense.
10. Work Health and Safety
10.1.1. The Artist must, and must ensure the Artist’s Personnel, in carrying out
work in connection with either this Contract or the Artistic Services, comply
with:
a. all relevant legislation, codes of practice, and national standards,
relating to work health and safety, including in relation to consultation,
co-operation, co-ordination, representation, and participation;
b. all applicable policies and procedures relating to work health and
safety; and
c. any direction given by DPS which DPS considers reasonably necessary
to ensure compliance with applicable legislation relating to work health
and safety.
10.1.2. The Artist must report to DPS any Notifiable Incident that involves any of
the following:
a. either the Artist, or the Artist’s Personnel, on Commonwealth premises;
b. Commonwealth personnel on either the Artist’s, or the Artist’s
Personnel’s, premises;
c. either the Artist, or the Artist’s Personnel, where the incident arises out
of the Commonwealth’s business or undertaking (including in
connection with a Commonwealth specified system of work).
10.1.3. The Artist must provide all reasonable assistance necessary to facilitate the
Commonwealth’s compliance with its obligations under the WHS
Legislation in relation to this Contract.
11. Dispute Resolution
11.1. Dispute Notice
11.1.1. If either a dispute, or difference (collectively, dispute), arises between the
parties in respect of any fact, matter, or thing, arising either out of, or in
connection with, this Contract, either party may give a notice (Dispute
Notice) in writing to the other party specifying:
a. the dispute;
b. particulars of the party's reasons for being dissatisfied; and
c. the position which the party believes is correct.
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11.2. Representatives to Meet
11.2.1. The dispute identified in the Dispute Notice is to be referred to the DPS
Representative and the Artist's Representative (collectively,
Representatives) who must:
a. within five (5) Business Days of service of a Dispute Notice, meet and
undertake genuine and good faith negotiations with a view to resolving
the dispute; and
b. if they cannot resolve the dispute, endeavour to agree upon a
procedure to resolve the dispute.
11.3. Reference to Expert
11.3.1. If the Representatives cannot either resolve, or agree upon a procedure to
resolve, the dispute within ten Business Days after the date a Dispute
Notice is given, or within such longer period of time as the Representatives
may agree in writing, the dispute is to be submitted to an expert for
appraisal in accordance with clauses 11.3 to 11.7 inclusive.
11.4. Expert Appraisal
11.4.1. The expert appraisal:
a. is to be conducted by the Independent Expert;
b. is not an arbitration so that the Independent Expert may reach a
decision from his or her own knowledge and expertise; and
c. unless otherwise agreed between the parties, must be concluded within
20 Business Days from the acceptance by the Independent Expert of
his or her appointment.
11.5. Independent Expert
11.5.1. The Independent Expert may:
a. conduct any investigation which he or she considers necessary to
resolve the dispute;
b. engage, and consult with, legal and technical advisers;
c. examine documents, and, in the presence of the Representatives,
interview witnesses and other persons;
d. without limitation, make directions for the conduct of the appraisal; and
e. make a determination (including any order as to the payment of costs
of the determination) in the manner that he or she considers suitable;
and must:
f. be appointed under an agreement with the parties containing terms
reasonably required by the Independent Expert, including:
i. a release of any liability which the Independent Expert may
otherwise incur for any act or omission, other than actual fraud,
during the course of the appraisal; and
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ii. a term that the parties will pay the Independent Expert's costs;
g. before acceptance of appointment, warrant to the parties that he or she
has no interest in the outcome of the appraisal, and no other conflict of
interest;
h. give an adequate opportunity to the parties to make submissions in
relation to the dispute; and
i. not communicate with one party to the appraisal without the knowledge
of the other.
11.6. Determination
11.6.1. The determination of the Independent Expert:
a. must be in writing;
b. will be final and binding unless a party gives notice of appeal (Appeal
Notice) to the other party within five (5) Business Days of receipt of the
determination; and
c. is to be given effect to by the parties unless and until it is either
reversed, overturned, or otherwise changed, under any appeal
procedure.
11.7. Costs of Appraisal
11.7.1. If the Independent Expert does not make a determination as to the payment
of the costs of a determination:
a. the parties must equally bear the costs of the Independent Expert
(including the Independent Expert's costs of engaging and consulting
advisers, if any); and
b. each party must bear its own costs and disbursements relating to the
determination.
11.8. Arbitration
11.8.1. If an Appeal Notice is given, the dispute must be determined by arbitration
before a person to be:
a. agreed between the parties; or
b. failing agreement, within 10 Business Days after the giving of an
Appeal Notice, appointed by the President for the time being of the
Institute of Arbitrators and Mediators Australia; and
the Institute of Arbitrators and Mediators Australia Arbitration Rules will
apply for the arbitration.
11.9. Condition Precedent
11.9.1. It is a condition precedent to a party’s entitlement to bring any court
proceeding (other than for urgent interlocutory relief) in respect of a
dispute that the parties have first complied with the procedures set out in
clauses 11.1 to 11.8 inclusive.
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11.10. Continued Performance
11.10.1. The parties must, unless otherwise agreed, continue to perform their
obligations under this Contract despite the existence of a dispute.
11.11. Clause Survives Termination
11.11.1. Clauses 11.1 to 11.9 inclusive will survive the termination of this Contract.
12. Termination
12.1. Termination by DPS
12.1.1. Without affecting any other right of the Commonwealth under either this
Contract, or at law, or in equity, DPS may, by notice in writing to the Artist,
immediately terminate this contract if any of the following occurs:
a. DPS determines either:
i. that the Sketch is not suitable as a basis for the Portrait; or
ii. that the Portrait does not meet the Portrait Requirements; or
b. DPS determines that the Artist is incapable of completing either the
Artistic Services as a whole, or any component part of the Artistic
Services.
12.1.2. In the event of termination under clause 12.1, DPS will be liable only:
a. to pay any Payment Instalment relating to Artistic Services completed
before the effective date of termination;
b. to reimburse any expenses the Artist unavoidably incurs relating
entirely to Artistic Services not covered under clause 12.1.2.a; and
c. to pay any expenses unavoidably incurred before the effective date of
termination.
12.1.3. DPS will not be liable to pay amounts under clause 12.1.2 which would,
added to any fees already paid to the Artist under this Contract, together
exceed the total of the Payment Instalments.
12.2. Termination for Fault
12.2.1. If a party fails to satisfy any of its obligations under this Contract, then the
other party - if it considers that the failure is:
a. not capable of remedy - may, by notice, terminate the contract
immediately; or
b. capable of remedy - may, by notice require that the failure be remedied
within the time specified in the notice and, if not remedied within that
time, may terminate the contract immediately by giving a second
notice.
12.2.2. DPS may also by notice terminate this Contract immediately (but without
prejudice to any prior right of action or remedy which either party has or
may have) if the Artist:
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a. being a corporation - comes under one of the forms of external
administration referred to in Chapter 5 of the Corporations Act 2001
(Cth), or has an order made against it for the purpose of placing it
under external administration; or
b. being an individual - becomes bankrupt or enters into a scheme of
arrangement with creditors.
12.3. Termination Not to Affect Rights
12.3.1. Any termination of this Contract will not affect any rights that have accrued
to DPS for any breach by the Artist of this Contract, including any breach in
consequence of which the termination was effected.
12.4. Procedure Upon Termination
12.4.1. Without affecting either any other rights or obligations of the parties, upon
termination of this Contract, the Artist must:
a. cooperate with DPS; and
b. immediately, deliver to DPS all Contract Material and all other
information concerning this Contract held by the Artist.
13. Statutory Requirements
13.1.1. The Artist must, in performing all of their obligations under this Contract,
comply with the requirements of all laws, ordinances, rules, codes,
regulations, requirements, and orders, of any legislation, and any local
authority relating to those obligations.
13.1.2. The Artist warrants that they is aware of the provisions and requirements
of:
a. the Workplace Gender Equality Act 2012;
b. the Sex Discrimination Act 1984;
c. the Racial Discrimination Act 1975;
d. the Disability Discrimination Act 1992;
e. the WHS Legislation; and
f. the Crimes Act 1914 (and in particular section 79 of that Act),
and the Artist must:
g. comply with their obligations under that legislation;
h. ensure that all of the Artist’s Personnel, engaged in relation to the
provision of the Artistic Services, comply with their obligations under
that legislation; and
i. not either do, or omit to do, anything which would cause DPS to be in
breach of its obligations under either that legislation, or any other law
applicable to the Artist’s activities in connection with this Contract.
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13.1.3. The Artist will ensure the compliance of the Artist’s Personnel with the
requirements of the Parliament House Site Book, as applicable.
14. Security
14.1.1. The Artist must, when:
a. accessing either the Commonwealth's premises, facilities or
information; and
b. performing their obligations under this Contract,
comply with all Security Procedures including:
c. obtaining security clearances and confidentiality undertakings from the
Artist’s Personnel who are likely to have access to either the
Commonwealth's premises, facilities, or information;
d. promptly reporting any breach of the Security Procedures to the
Project Officer;
e. taking all measures reasonably necessary to protect Commonwealth
Confidential Information;
f. providing reasonable assistance to, and cooperation with, DPS, the
Australian Federal Police, the Privacy Commissioner, and other
authorities nominated by DPS, in relation to the investigation of any
breach of Security Procedures; and
g. taking all other steps reasonably required to either remedy, or assist
DPS in remedying, any breach of Security Procedures.
15. General
15.1. Entire Agreement
15.1.1. This Contract constitutes the entire agreement between the parties and
supersedes all communications, negotiations, arrangements, and
agreements, either oral or written, either made, or entered into, between the
parties prior to the date of this Contract with respect to the subject matter
of this Contract, and the parties warrant that they have not relied on any
such communications, negotiations, arrangements, or agreements, in
entering into this Contract.
15.2. Conflict of Interest
15.2.1. The Artist:
a. warrants that, at the Contract Date, no conflict of interest exists, and
that no contract of interest is likely to arise, in connection with the
performance of their obligations under this Contract; and
b. if, during the period that they are performing obligations under this
Contract, any such conflict of interest, or risk of conflict of interest,
arises, must:
i. notify DPS immediately in writing of that conflict, or risk; and
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ii. do whatever is reasonably necessary to deal with that conflict, or
risk, in a manner that will ensure that no loss or damage is suffered
by DPS.
15.3. Access to the Artist’s Premises
15.3.1. Without limiting the obligations of the Artist under any other provision of
this Contract, to meet the standard requirements of the Australian National
Audit Office, the Artist must, at all reasonable times, in the context of work
carried out under this Contract, as and if requested:
a. facilitate access by DPS personnel, and any person authorised in
writing by DPS, to premises, occupied by either the Artist or any
Subcontractor, where any work in relation to the provision of the
Artistic Services is being undertaken; and
b. permit DPS and those persons authorised in writing by DPS to inspect
all Contract Material and all other accounts, records, documents, and
procedures, relating to the performance by the Artist of their
obligations under this Contract.
15.3.2. Whenever possible, access under this clause 15.3 will be:
a. at times reasonably convenient to both parties;
b. arranged with appropriate notice; and
c. only address matters specifically related to this Contract.
15.4. Waiver
15.4.1. Failure by the Commonwealth to enforce a provision of this Contract will
not be construed as a waiver by the Commonwealth of either any right in
respect of that provision, or any other provision of this Contract.
15.5. Costs
15.5.1. Each party must bear and pay its own costs and expenses of, and
incidental to, the preparation and execution of this Contract.
15.6. Notices
15.6.1. Any notice to be given by one party (sender) to the other (receiver) under
the provisions of this Contract must be in writing and may be given or
served by any of the following means:
a. by being delivered personally to:
i. in the case of service upon DPS, the Project Officer; and
ii. in the case of service upon the Artist, the Artist's Representative;
b. by being sent by prepaid post to the receiver’s address for service
specified in the Contract Particulars or such other address that is
notified to the sender by the receiver, from time to time;
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c. by being sent by email to the receiver’s email address specified in the
Contract Particulars or some other email address that is notified to the
sender by the receiver, from time to time; or
d. by being sent by facsimile transmission to the receiver’s facsimile
number specified in the Contract Particulars or such other number that
is notified to the sender by the receiver, from time to time.
15.7. Deemed Service
15.7.1. A notice sent by:
a. personal delivery, will be deemed to have been delivered when received
by the receiver;
b. prepaid post, will be deemed to have been received three (3) Business
Days after it was posted;
c. email, will be deemed to have been received when the email enters the
receiver’s information system, unless the sender’s information system
receives a message within one Business Day that the email has not
been received by the receiver; and
d. facsimile transmission, will be deemed to have been received when the
transmission was completed, provided that the receiver does not,
within one Business Day of the completion of the transmission, advise
the sender that the facsimile transmission is not fully intelligible and
requests a retransmission of the document,
but with the exception of personal delivery, if the receipt, transmission, or
entry into the information system (as the case may be), is either not on a
Business Day, or is after 5.00pm (receiver’s local time) on a Business Day,
the notice is taken to be received at 9.00am (receiver’s local time) on the
next Business Day.
15.8. Assignment
15.8.1. The Artist must:
a. not assign, transfer, mortgage, charge, or encumber, any right or
obligation under this Contract, without the prior written consent of
DPS, which consent DPS may give or withhold in its sole and absolute
discretion; and
b. agrees that any assignment, transfer, mortgage, charge, or
encumbrance, will not operate to either release or discharge the Artist
from any obligation or liability under this Contract.
15.9. Governing Law and jurisdiction
15.9.1. This Contract is governed by and is to be construed in accordance with, the
law of the Australian Capital Territory and each party irrevocably and
unconditionally submits to the non-exclusive jurisdiction of the courts of
that jurisdiction.
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15.10. GST
15.10.1. Where the Commonwealth is required to reimburse the Artist for an amount
the Artist pays to a third party, the amount payable by the Commonwealth
will be a GST-exclusive amount (ie, the amount paid by the Artist less any
amounts in respect of GST included in the consideration provided to the
third party), whether or not amounts for GST are separately identified by
the third party supplier to the Artist.
15.10.2. The Artist acknowledges and agrees that other amounts that the
Commonwealth is required to pay under this Contract are calculated on a
GST exclusive basis.
15.10.3. Where the Artist becomes liable to remit any amount of GST in respect of
any Supply (as defined in GST Legislation) the Artist makes to the
Commonwealth in accordance with this Contract (GST liability), the amount
otherwise payable by the Commonwealth under this Contract will be
increased by the amount of the GST liability, or any lesser amount required
by law. The increased amount will be payable by the Commonwealth in the
same manner and at the same time as other amounts payable under this
Contract.
15.10.4. Where required, the Artist must provide a Tax Invoice that may enable the
Commonwealth, if permitted by the GST law, to claim either a credit or
refund, or either a notional credit or refund, of GST.
15.10.5. There are some circumstances in which supplies relating to this Contract
are not Taxable Supplies under the GST law, for example certain Supplies
may be “exempt” (input taxed) or GST-free (subject to a zero rate). The
Artist must not charge for GST in those circumstances.
15.11. Precedence of Documents
15.11.1. If there is any inconsistency between parts of this Contract, a descending
order of precedence shall be accorded to:
a. the Conditions of Contract and Contract Particulars;
b. the Statement of Requirement;
c. any Attachments to this Contract other than the Statement of
Requirement; and
d. any document incorporated by express reference as part of this
Contract,
so that the provision in the higher ranked document, to the extent of the
inconsistency, prevails.
15.12. Survival
15.12.1. Any clause that imposes obligations on; or confers rights upon, a party
after either expiration or termination of this Contract, survives that
expiration or termination.
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Execution Page
Executed as an agreement
Dated: ……………day of………………………….2020XX
Signed for and on behalf
of the Commonwealth of
Australia as represented
by the
Department of
Parliamentary Services,
ABN 52 997 141 147, by
its duly authorised
officer:
in the presence of:
Signature of DPS’s authorised
officer
Full name and title of authorised
officer
Date
..............................................
Signature of Witness
..............................................
Print name of Witness
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Signed for and on
behalf of [Bettina
Fauvel Ogden …insert
name of Artist…]
as a sole trader as
Betina Fauvel-Ogden
ABN 223 456 331 92 in
accordance with the
HMCC Guidelines.as a
sole trader/in
accordance with
section 127 of the
Corporations Act 2001
(Cth) in the presence
of:
Signature of Director or
authorised representative
..............................................
Signature of witness
Full name of Director or
authorised representative
Date
..............................................
Full name of witness
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SCHEDULE 1 STATEMENT OF REQUIREMENTS
1. Portrait for Historic Memorials
Collection
1.1.1. The Artistic Services include all the agreements in the contract which include 2
sittings on the 1st of may and the preparation study to be completed on the 1st of
June.work necessary to complete an approved Portrait of the Subject suitable for
inclusion in the Historic Memorials Collection.
1.1.2. The Portrait must meet the approval of the DPS within the 2 weeks after the
1st of June majority of the members of the Historic Memorials Committee as
suitable for inclusion in the Historic Memorials Collection.
1.1.3. The Services involve the following:
a. the production of a preparatory unframed Sketch of the Portrait that
meets the following requirements (Sketch Requirements):
i. Represent the dignity of the prime minister on that occasionbeing a
recognisable likeness of the Subject;
ii. theThe dimensions of [maximum size is 160 cm x 100 cm insert
dimensions and orientation]. It should be either portrait or landscape
orientation.
iii. in premium [oil or acrylic insert paint type] oil paints;
iv. of either portrait or landscape orientation,a style and composition such
that a portrait based on the Sketch would be suitable for inclusion in
the Historic Memorials Collection;
v. taking appropriate account of the standing of, and the office of the
prime minister rheld by, the Subject;
vi. on stretched premium quality canvas appropriately prepared to
museum quality; and
vii. usingUsing a professional assembled stretcher with a "key" facility.
b. providingProviding the Sketch to DPS for approval.
The DPS will approve rhe second portrait submission and will require the
final portrait submitted after 2 weeks.
c. if the Sketch is approved, production of the final Portrait that meets the
following requirements (Portrait Requirements):
i. closely follows the style, composition, and nature, proposed in the
approved Sketch and being a recognisable likeness of the Subject;
ii. Maximum size is 160 cm x 100 cm but can be either portrait or
landscape orientation the dimensions as agreed in writing with the
DPS Project Officer;
iii. in premium [insert paint typeoil or acrylic] oil paints;
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iv. onOn stretched canvas of premium quality. It needs to professionally
assembled and of professional quality in line with the museum material
requirements.;
v. using museum quality materials including stretchers (using a
professional stretcher which should meet the museum quality
requirements. with a "key" facility) and appropriate varnishing;
vi. executed in materials and by techniques necessary to ensure that the
Portrait will have minimal deterioration with age;
vii. museum standard frame as agreed with the DPS Project
Officer[ The frame should rosewood with a pine insert and some dark
varnish. 4 cm wide pieces with a 1cm pine chamfer and 45 degree mitre
jointInsert Frame details]
viii. use museum quality materials, including premium oil or acrylic paints
and professionally assembled stretchers after approval suitable in style
and composition for inclusion in the Historic Memorials Collection;
and
ix. taking appropriate account of the standing of, and the office held
by, the SubjectPrime minister.
d. providingProviding the completed Portrait to DPS for approval.
e. if the completed Portrait is not approved, reworking of the Portrait.
f. if the completed Portrait is approved, delivery of the framed final
Portrait to DPS should be within a two weeks time frame.. The fraing and
style is up to the artist bit needs to be presented to the DPS for approval
after the two weeks of subkitting the second portrait.
g. delivery of all Contract Material to DPS upon delivery of the framed final
Portrait.
1.2. Timing
1.2.1. In providing the Artistic Services, unless otherwise approved in writing by
DPS, the Artist must:
a. complete and first submit the Sketch to the Project Officer by June 1the
Date for First Submission of the Sketch;
b. if DPS requests the Artist to proceed with the production of the Portrait
submit the completed Portrait to the Project Officer by the Date June
1for First Submission of the Portrait; and
c. if DPS approves the completed Portrait, complete all remaining work to
finalise and frame the Portrait and submit it by September 1 the Date for
Submission of framed final Portrait.
2. Submission and approval process
- Sketch
2.1. Submission of the Sketch for Approval
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2.1.1. Upon completion of the Sketch (including any reworked Sketch), the Artist
must, submit the Sketch to the Jacqueline Von Muppet for approvalProject
Officer for consideration by DPS and any other persons nominated by the Project
Officer.
2.2. Determination by DPS
2.2.1. Following consideration of the Sketch (including any reworked Sketch),
DPS may determine that the Sketch:
a. is suitable as a basis for the Portrait and represents the dignity of the
prime minister;
b. The secretariat of the Historic Memorials Committee organises for the
drafting of the standard agreement which is to include that the portrait is to
give due reference to the office of the subject. The contract is to be checked
by the relevant legal representatives or procurement staff of the department
that hosts the HMC
c. is not suitable as a basis for the Portrait but that the Artist should rework the
Sketch; or
d. is not suitable as a basis for the Portrait.
2.3. Further Process by DPS
2.3.1. If DPS determines that the Sketch (including any reworked Sketch):
a. is suitable as a basis for the Portrait, DPS shall:
i. return the Sketch to the Artist (who shall have use of the Sketch for the
purpose of completing the Portrait); and
ii. request the Artist to proceed with production of the final Portrait on
the basis of the Sketch; or
iii. It may put up for display for the Historical Memorial committee to provide
proper considerations. This means that each member will have to
scrutinize the portrait for proper recommendations and/or conclusions.
b. is not suitable as a basis for the Portrait, but that the Artist should rework the
Sketch, it may request the Artist to:
i. rework the Sketch in accordance with directions specified by the Project
Officer; and
ii. resubmit the reworked Sketch for further consideration by DPS; or
c. is not suitable as a basis for the Portrait, it may terminate this Contract.
3. Submission and approval process
- Portrait
3.1. Transfer of Sketch to Portrait and completion of Portrait
3.1.1. If DPS requests the Artist to proceed with the production of the Portrait the
Artist must:
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a. meet and liaise with the Project Officer as necessary (including at the
request of the Project Officer) to facilitate the transfer of the Sketch to the
final Portrait, and to address any difficulties raised by the Project Officer
regarding that transfer;
b. complete the Portrait and submit it to DPS for its consideration by the
Date for First Submission of the Portrait;
c. undertake any rework required by DPS following submission of the
completed Portrait; and
d. if requested by DPS, complete all remaining work to finalise and submit
the framed final Portrait by the Date for Submission of framed final
Portrait.
3.2. Determination by DPS
3.2.1. Following consideration of the completed Portrait (including any reworked
Portrait), DPS may determine that the Portrait either:
a. meets the Portrait Requirements and is suitable for inclusion in the
Historic Memorials Collection;
b. does not meet the Portrait Requirements but that the Artist should rework the
Portrait; or
c. does not meet the Portrait Requirements and is not suitable for
inclusion in the Historic Memorials Collection.
3.3. DPS consideration of final Portrait
3.3.1. If DPS determines that the final Portrait (including any reworked Portrait):
a. meets the Portrait Requirements, it shall notify the Artist in writing of
acceptance of the Portrait and shall then be at liberty to include the
Portrait in the Historic Memorials Collection;
A. The committee requires that theframeing requirements of the portrait
should be in accordance with the secretariat and should have been
underlined int the contract.
B.
b. does not meet the Portrait Requirements, but that the Artist should
rework the Portrait, it may request the Artist to:
i. rework the Portrait in accordance with directions specified by the
Project Officer; and
ii. resubmit the reworked Portrait for further consideration by DPS; or
c. does not meet the Portrait Requirements and is not suitable for
inclusion in the Historic Memorials Collection, it may terminate this
Contract.
i. If in case a second portrait does not meet the stan ard requirements, the
termination clause will be invoked by the committee and a new artist will
be selected.
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4. Consultation by DPS with others
4.1. Consideration by DPS
4.1.1. In its consideration of the Sketch and the Portrait, (including any reworked
Sketches or Portraits) DPS may consult with, and obtain advice from:
a. the Subjectr;
b. the National Portrait Gallery of Australia;
c. the Historic Memorials Committee; and
d. Prior to the portrait, there is a need to ensure that there is a contract signinf
with the commission. The contract needs to be drafted before the
commencement of the portrait work. The contracts should be two in number
whereby one is to be signed by the DPS and later on signed by the artist
then returned to the office of the DPS. The second contract remains with the
artist.
e. any other consultants and advisers that DPS believes appropriate in its sole
and absolute discretion.
4.2 Historic Memorial Collection Considerations
a) The secretary of the Committee writes to the person in question inviting him or her to
have their portrait painted
b) National Portrait Gallery is responsible for providing advice on the type of artist to be
involved in the artwork.
c) The NPGA has the right to accept or reject an artist.
d) A contract of commission should be available before the axctual portrait works
begins.
e) Joint copyright means that upon approval the three copies are sent back to the artist
for signing, who subsequently retains one of the portraits.
f) The artist is supposed to come to a proper understanidn with the subject on when it
the best time for the sitting. This will be in the presence of the committee.
g) The details of the portrait, such as position and interest, should be delivered after
consultation between the artist and the subject.
h) The committee has the right to understands if the portrait is satisfactory to the
subject. In case the portrait does not satisfy him/her, it wil be returned to the artist to
provide proper recommendations or produce a second portrait Such a process will be
repeated until; the subject deems the portrait acceptable.
i) The framing of the portrait should be provided by the artisy. In this case, the
committee provides the most appropriate advice on the type of framing to be
incorporated into the portrait.
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j) The artist is supposed to consult with the secretariat of the committee the most
appropriate time for the sitting. This will involve consulting with the subject.
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