Refugee artist expression of interest: terms and conditions

Key conditions

1. Submissions are open to people who are refugees or seeking asylum in Australia and arrived in Australia from/after year 2000 and are 18 years old or older.

2. Submissions must be the original work of the respondent, and the respondent must have obtained all necessary approvals, rights, and clearances for the submission and from subjects included in the work, including any applicable third-party intellectual property approvals.

3. Small-scale creative collectives must include information on how many members of the collective are from a refugee background and their role in developing the artwork or creative concept.

4. Concept submissions must be suitable for a general audience.

5. Submissions must be submitted using the online form by 4pm AEST on Friday 13 February 2025.

6. The City may request to interview respondents as part of its consideration process.

7. Selection of the successful submission will be at the absolute and sole discretion of the City. The City may also elect not to select an artwork following the EOI process.

8. The City reserves the right to seek minor amendments to the selected artwork to meet the City’s requirements for ongoing use.

9. The successful artists will grant the City a licence to use the artwork for street banners and digital outdoor advertising screens a for a fee of $9,500 (excl. GST), for up to a five year period. Terms of the Licence Agreement are as set out in Annexure “A”.

10. The Artist confirms consideration is given to Intellectual Property (IP) protocols and has the relevant community and cultural permissions to share or use any cultural knowledge. / Respondents submitting artwork containing Indigenous Cultural and Intellectual Property (ICIP) and ICIP rights must include full and proper attribution or naming of the community connected with the ICIP.

11. Submissions must be the original work of the Artist and the Artist must have obtained all necessary approvals and clearances for materials or subjects included in the work, including third party intellectual property rights and model releases.

12. Respondents submitting artwork using Generative AI must include an outline or set of process notes clearly documenting when and where in the creative process AI was involved and how the AI generated output was adapted into your original work.

13. Submissions must be in the form required by this document and the online form, include all required information, and adhere to the Brief to be eligible for consideration.

14. Any previous or other use of the artwork / design concept submitted must be disclosed as part of the submission.

15. Respondents whose submissions are selected will be required to obtain $10 million public liability insurance and provide evidence of such insurance if required by the City of Sydney.

16. Respondents whose submissions are selected will be required to obtain professional indemnity insurance (including coverage for copyright infringement) for $1 million any one claim and in the aggregate in respect of professional indemnity liability.

17. Selection and licensing of an artwork through this expression of interest does not guarantee use of the artwork by the City.

18. Licensed artworks may be included in City material including reports, publications, website, print media, social media and other promotional publications (including through the media or other third parties) to promote the Refugee Welcome.

19. Respondents must not make any statements to the media about the expression of interest or their submission(s) without prior approval from the City. If respondents or other personnel involved in the EOI process are contacted by the media, they must first contact the City before providing any response.

20. Respondents must comply with all directions given by the City in relation to the expression of interest process.

21. No legal or other obligations will arise between an artist and the City of Sydney unless or until a Licence Agreement has been signed by both parties.

Standard Conditions of Expression of Interest

1. Expression of interest

By submitting an Expression of Interest, the respondent acknowledges that:

• The City at its absolute discretion reserves the right to accept or reject any Expression of Interest.

• The City at its absolute discretion reserves the right to reject the offer of any Respondent who has any unresolved disputes with the City.

• Any costs incurred by respondents in any way associated with the preparation and submission of this Expression of Interest, will be entirely borne by the respondent.

• No legal or other obligations will arise between a respondent and the City unless or until formal documentation has been signed.

2. Expression of interest procedure

2.1 Briefing

The City may offer briefings to Respondents from time to time. At the briefing the City’s representative will discuss, answer or clarify any issues raised by a Respondent about any requirements in the Expression of Interest. The City is not obliged to answer any questions before the briefing.

2.2 Information and Enquiries

Where a Respondent has any doubt about the meaning of any aspect of the Expression of Interest, the Respondent must make enquiries about and clarify matters with the City’s Procurement Representative. All enquiries about the Expression of Interest must be referred in writing to the City's Procurement Representative.

All communications related to this Expression of Interest should be addressed to the City’s Procurement Representative (via the contact details specified in the key conditions) and not to other the City officers or other persons. The attention of Respondents is drawn to condition 2.3.

2.3 Respondent Not to Solicit City Personnel

Subject to condition 2.2, Respondents (or any representative of a Respondent) must not at any time before the City makes a final decision to accept a submission, contact or interview or attempt to interview or to discuss or to attempt to discuss with Council members, employees, authorised representatives other than City's Procurement Representative in accordance with the Expression of Interest, any matter about the Expression of Interest or any other Expression of Interest submitted in response to the Expression of Interest. The City reserves the right to reject any submission which contravenes this condition.

For clarity, a representative of a Respondent, for the purpose of this condition, includes a person or other legal entity who acts at the request of a Respondent or its agent. Also, this condition does not prevent ordinary business or other contact arising from or pertaining to the City functions (so long as that contact is not used to interview or attempt to interview or to discuss or to attempt discussion on any matter relating the Expression of Interest.

2.4 Returnable Forms

Respondents must complete all parts of the Expression of Interest forms. The City may reject any Respondents Expression of Interest which does not provide all the required information.

3. Lodgement of expression of interest

Any Expression of Interests received by the City after the closing date will not, unless the Local Government (General) Regulation provides otherwise, be considered by the City.

All Expressions of Interest lodged will become the property of the City and on no account will they be returned to the Respondent.

4. Acceptance of expression of interest and contract

If the City accepts an Expression of Interest, it will issue a notification to the preferred Respondent. This notification does not create a contract with the Respondents. The City and preferred Respondent are legally bound only when a written Contract is executed by the parties. Lodgement of an Expression of Interest will itself be an acknowledgement and representation by the Respondent that it agrees to comply with the Contract in its entirety. No amendments to contract conditions will be accepted.

5. Conflict of interest

In this clause “conflict of interest” means an actual or potential pecuniary or non pecuniary conflict of interest (see the Council’s Code of Conduct under Governance for further explanation of these terms). Respondents must disclose any conflict of interest in undertaking the requirements of the specifications and contract. Where a Respondent has a conflict of interest, the Respondent must provide the City in writing with detailed information about the nature and scope of the conflict of interest and include details of any arrangements proposed to resolve or manage the conflict of interest should the Respondent be awarded the contract. Based on the information provided by the Respondent, the City will make the final decision regarding the Respondents conflict of interest. If a conflict of interest is not disclosed by a Respondent and the City then becomes aware of the conflict, Respondents may be excluded from this Expression of Interest and/or any future process by which the City is seeking the provision of goods or services.

Additional Information relating to the City’s requirements of Respondents regarding how to submit an Expression of Interest, frequently asked questions and ethical business conduct can be found on the website.

6. No business in abuse

Respondents are advised that the City has resolved to adopt the "No Business In Abuse" pledge and is currently reviewing the implementation of the pledge in the context of its procurement policies. If and to the extent this review results in a change to the City's existing procurement practice and such change affects this procurement process an addendum will be issued to all Respondents. For the information of Respondents, the pledge provides that all companies should:

1. have zero tolerance for child abuse;

2. Respect people's fundamental rights to freedom from arbitrary and indefinite detention;

3. Not treat people in a cruel, inhumane or degrading manner; and

4. Commit to transparency and independent monitoring to ensure these principles are upheld.

7. Assessment criteria

Expressions of Interest will be examined and evaluated according to the criteria tabled in the Key Conditions.

Each of the mandatory evaluation criteria listed above is critical to this Expression of Interest. They are not of equal weight for evaluation and are not listed in order of priority.

Respondents compliance on each of the mandatory evaluation criteria will be separately evaluated using the Evaluation Rating Scale below:

If a Respondent receives a score of less than 40 in any one mandatory assessment criteria, that Respondent will be deemed non-compliant and will not be recommended for acceptance by the City.

The City may undertake financial assessments of Respondents to determine their financial capacity to undertake the works under the contract. This may be undertaken by a third party appointed by the City.

On request the Respondent must provide recent year’s financial information which may include financial statements (P&L, Balance sheets and notes) and Management accounts / financial statements.