HomeMy WebLinkAboutUtility Box Art - Gabrielle Abbot CITY OF AUBURN
UTILITY BOX ART-- LICENSING AGREEMENT
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This Agreement is made and entered into this f — day of U..ru2-, ,2019,by
and between the City of Auburn, Washington.a municipal corporation of the State of Washington
("City")and Gabrielle Abbott__ (`-'Artist"),whose phone number and address is,
_401 West Crockett,Seattle,WA 98119__and_phone 206.898.3755___
RECITALS:
• The City is seeking to enhance Auburn's public spaces by adding works of art to utilitari-
an 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 for
use in this project:
AGREEMENT:
. In consideration of the mutual promises contained in this.Aireemcnt. the parties agree as fol-
lows:
1. LICENSE OF ARTWORK. •
The Artist grams 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. inlbrmationaland 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):As Above. So Below
Year Completed: 2018
Dimensions: 10'x 10'
Medium: Chalk 1'ciciel
Description of Work:
Utility Wrap License Agreement
Rev. 4.06.19 Page 1 of 4
Use of Art: Utility Box Wrap
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 tie its licensed reproduction of the Art it;after taking reasonable steps to
notify the Artist who originally created or authored the'Art.City determines that and or more
of the following conditions apply:
(I)the condition or security of the Art cannot be reasonably guaranteed: •
(2)the Art requires excessive maintenance or has faults of design or workmanship be-
yond 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:
Utility Wrap License Agreement
Rev. 4.06.19 Page ? of 4
Use of Art: Utility Box Wrap
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 tile, 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:
(I)the condition or security of the Art cannot be reasonably guaranteed: •
(2)the Art requires excessive maintenance or has faults of design or workmanship be-
yond 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:
Utility Wrap License Agreement
Rev. 4.06 19 Page 2 of 4
(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
(9)the Artist who originally created or authored the Art requests modification or deacces-
sion 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 op-
portunity 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 specifica-
tions 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 ap-
ply to utility boxes.
6. VISUAL ARTISTS RIGIITS 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
Utility Wrap License Agreement
Rev 4.06.19 Page 3 of 4
(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
(9)the Artist who originally created or authored the Art requests modification or deacces-
sion 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 op-
portunity 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 specifica-
tions
pecificstions 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 ap-
ply 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. IND1NNIF'ICAi'lON
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 perfbrmance 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
Utility Wrap License Agreement
Rev. 4 06 19 Page 3 of 4
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.
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.
1 l. ENTIRE AGREEMENT.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 be bound thereby.
APPROVED:
ARTIST/VENDOR:
13) iI
Gabrielle Abbott
Date /2f 01 2.-, , 2019
•
CITY OF AUBURN
Daryl Faber, arks. Recreation&Arts
Department Director
Date qI71 , 2019
Utility Wrap License Agreement
Rev 4.06.19 Page 4 of 4
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FormW-9 Request for Taxpayer Give Form to the
(Rev.October 2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax return) Name is required on this line,do not leave this line blank.
Gabrielle Abbott
2 Business name/disregarded entity name,if different from above
cri 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1 Check only one of the 4 Exemptions(codes apply only to
mfollowing seven boxes. certain entities,not individuals,see
a instructions on page 3)
p ❑✓ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate
a; co single-member LLC Exempt payee code(if any)
S0
❑ Umited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)S.
`p 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
c▪ H LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code if an
'. c another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( y)
l Y is disregarded from the owner should check the appropriate box for the tax classification of its owner.
y ❑ Other(see instructions)P. (Applies to accounts maintained outside the US.)
co0.
5 Address(number,street,and apt.or suite no.)See instructions Requester's name and address(optional)
O 401 West Crockett Street
8 City,state,and ZIP code
Seattle,WA 98119
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
i resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other 5 3 6 - 2 1 - 0 0 3 7
entities,it is your employer identification number(EIN) If you do not have a number,see How to get a
TIN, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
i Number To Give the Requester for guidelines on whose number to enter —
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below),and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not_required to signsithe certification,but you must provide your correct TIN See the instructions for Part II,later.
Sign Signature of !��%�GG� 4C1l�d(.(. 2.0/9
Here U.S.person► Q-!1 Date► ��Z� (/ / ./
General Instructions •Form 1099 DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
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Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption
•Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
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amount reportable on an information return Examples of information alien),to provide your correct TIN.
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•Form 1099-INT(interest earned or paid) be subject to backup withholding See What is backup withholding,
later
Cat No 10231X Form W-9(Rev 10-2018)
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