HomeMy WebLinkAboutUtility Box Art - Yvonne Chan (2) 03,1 (05
CITY OF AUBURN
UTILITY BOX ART -- LICENSING AGREEMENT
This Agreement is made and entered into this t`p day of N1 A / , 2019, by and
between the City of Auburn, Washington, a municipal corporation of the State of Washington
("City") and \6/1)}/tn.Q (44a h ("Artist"), whose phone number and address is,
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seefke ,wH °c(1Z2 RECITALS:
• The City is seeking to enhance Auburn's public spaces by adding works of art to
utilitarian surfaces that are often targeted by vandalism, such as utility boxes.
• The Artist submitted a work of art to be considered for installation on one or more select
utility boxes within the city.
• The City has selected and decided to purchase the Artist's work of art described below
fbr use in this project:
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties agree as
follows:
1. LICENSE OF ARTWORK.
The Artist grants the City a non-exclusive, non-transferable, non-assignable, irrevocable,
perpetual license for the purpose of installing a vinyl wrap of the image described below
("Art")on publically owned utilitarian surface throughout the city which are often targeted
by vandalism. The license shall provide to the City the right to reproduce, install, display,
modify,relocate, create derivative works, and maintain the Art, and images of the Art, for
noncommercial,educational, informational and other governmental purposes. including for
publicity purposes. The right to modify the image shall allow the City to fit the Art upon the
selected surface, and includes the right to crop and/or electronically alter the shape and
proportions of the Art. The City may also superimpose the City logo on the Art, or may
co-locate the City logo with the Art on an item.
The City shall acknowledge the Artist on each reproduction where possible.
Title(s): Afternoon
Year Completed: 2017
Dimensions: 16"x 20"
Medium: Digital
Description of Work: Digital vector art of a red sun
Use of Art: Utility Box Wrap
Utility Wrap License Agreement
Rev. 4.06.19 Page 1 of 4
Examples of which are shown as Exhibit A.
2. ACKNOWLEDGEMENTS
The Artist acknowledges and warrants that she/he,
• resides within King or Pierce Counties.
• Is neither a member of the Auburn Arts Commission nor an employee of The City of
Auburn
• Is the original creator of the Art and owns all applicable copyrights to the artwork.
3. PRICE AND PAYMENT SCHEDULE.
A. As full payment for the license to install and present the Art on public surfaces, and all
rights described in this Agreement, City will pay the Artist a total of five hundred dollars
($500.00), which will constitute full compensation for the license.
B. City will make the payment required in paragraph A within thirty (30) days after Artist
transfers an electronic file, scan, or photographs and submits a billing or invoice to the
City.
4. ALTERATION, MODIFICATION. AND DEACCESSIONING OF THE ART.
A. City reserves the right to, and the Artist waives any right to prevent City from destroying or
deaccessioning the its licensed reproduction of the Art if, after taking reasonable steps to
notify the Artist who originally created or authored the Art, City determines that one or more
of the following conditions apply:
(1)the condition or security of the Art cannot be reasonably guaranteed;
(2)the Art requires excessive maintenance or has faults of design or workmanship beyond
practical repair or remedy;
(3) the Art has been damaged and repair is impractical or unfeasible;
(4)the Art endangers public safety;
(5) no suitable site is available, or significant changes in the use, character or design of the site
have occurred which affect the integrity of the Art;
(6) significant adverse reaction has continued unabated for more than three years;
(7) the Art is shown to be of an inferior quality or unauthentic;
(8) City wishes to replace the Art with another work by the Artist who originally created or
authored the Art; or
Utility Wrap License Agreement
Rev. 4.06.19 Page 2 of 4
(9) the Artist who originally created or authored the Art requests modification or deaccession of
the Art.
B. If City decides to destroy its reproduction of the Art in accordance with this section, City will
take reasonable steps to offer the Artist who originally created or authored the Art an
opportunity to recover the Art at the Artist's expense in accordance with applicable law.
5. TRANSFER OF ART .
A. Within 14 days of the execution date of this contract, the Artist shall provide the Art of art in
a high quality digital file, scan, or photograph that complies with the exact specifications
provided in the request for submission and final selection from the City of Auburn art staff.
The format must be suitable for the City to enlarge, reproduce as vinyl wraps, and apply to
utility boxes.
6. VISUAL ARTISTS RIGHTS ACT WAIVER
The Artist acknowledges that the Art described in section 1 of this agreement is a work of visual
art that is subject to the provisions of the Visual Artists Rights Act of 1990. This act protects
certain rights of creators of artwork, including distortion and modification. Artist further
acknowledges that use of the Art as a utility box cover will subject it to weather and may by
its nature necessitate the destruction, distortion, and modification of the Art in response to the
City's use, repair, and removal of the utility box.
ARTIST DOES WAIVE ALL RIGHTS CONFERRED BY THE VISUAL ARTISTS
RIGHTS ACT WITH RESPECT TO USE OF THE WORK AS A UTILITY BOX
WRAP and acknowledges that the City may have cause to remove or modify the Art when it
determines, at its sole discretion, that doing so is in the best interest of the City.
7. INDEMNIFICATION
The Artist warrants that the Art is solely the result of the artistic effort of the Artist, is original
and does not infringe upon any copyright. The Artist agrees to indemnify, defend, and hold
the City, its officials, employees and representatives harmless from and against any and all
claims, liability, damages, causes of action, or demands arising out of or resulting from the
Artists' negligent performance of this agreement, including copyright infringement of the
Art.
8. INDEPENDENT CONTRACTOR.
The parties agree and understand that the Artist is an independent contractor and not the agent or
employee of the City. It is agreed that the Artist will not acquire rights to employee benefits,
including unemployment compensation benefits, or other rights offered to City employees.
The parties agree that the Artist will not act as the agent of the City.
9. DISPUTE RESOLUTION.
If any dispute or controversy arises between the Artist and City, the parties may exercise those legal
remedies in King County, Washington.
Utility Wrap License Agreement
Rev. 4.06.19 Page 3 of 4
10. CANCELLATION.
If the Artist fails to fulfill its obligations under this Contract in a proper and timely manner, or
otherwise violates the terms of the agreement, the City has the right to cancel the contract if
the Artist has not cured the default after receiving seven(7)days written notice of the
violation.
11. ENTIRE AGREEMENL AMENDMENTS.
This Agreement represents the entire agreement of the parties. Any amendments to this
Agreement will be in writing,and will be executed by the same parties who executed the
original Agreement, or their successors in office.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to he hound thereby.
APPROVED:
ARTIST/VENDOR:
By: /di _.
Date_..MP (1h'!f _......._ , 2019
CITY OF AUBURN
Daryl Faber, Parks, Recreation & Arts
Department Director
Date . ...l.L.A /-94f p. .
Utility Wrap License Agreement
Rev. 4.06.19 Page 4 of 4