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HomeMy WebLinkAboutPSA with Brian Schreiner for Traffic Box Community Art ProjectARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this Q� day of June, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Brian Schreiner, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Misplaced Wheels, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become the inspiration for a derivative work installation as part of the Project, and the Meridian City Council accepted MAC's recommendation on May 24, 2016; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 1 of 9 discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 2 of 9 C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the orb day of June, 2016. ARTIST-.-, ridn Sqhreiner CITY IM s Citya w Attest: Jacy JonesQCity srk S1AL mow. �l��` rneasuaEy � ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 of 9 EXHIBIT A CALL FOR ARTISTS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 4 Of 9 Meridian Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application if Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 6 of 9 7 Meridian Commission Application It Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): -H I N Go rr% I i n 5 S W A/M � v A� p 1� v l� (2 t I t7l"Na 0 -1 l& I 1 5 WAk,- L) V1-1-)iv5-- t3015G, I12AW0 $-3-713 Day: 57? -12-3q 8 Evening: 377-239 cell: 1,08) g 14 - '3-4-64-c 6. 7. 8. 9. 10. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital rAi repository is original work that I myself conceived and created in all respects. ' .7B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, i�Rr I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. 44? Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the "1Trr digital repository, such submission is a public record, subject to the Idaho Public Records Act. WS E. Artwork included in the digital repository may be removed from the repository, and/or the rg TA repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and u rstand, d submit my proposal subject to, each and all of these terms and conditions. Signature: Date: /6-Fi-2—IL_ Cr SCHREINER FINE ART BRIAN SCHREINER Brian Schreiner was born at Sculthorpe Air Force Base, Norfolk, England, U.K. on September 11, 1955. He lived in South Creek near the coast and in Stow -on -the -Wold, a hilltop town in the Cottswolds which was started by the Romans with its two thousand year old buildings and cobblestone streets. In 1965 he moved to Mountain Home, Idaho and grew up in the west with the outdoors and wide-open spaces. Ail has appealed to Brian from the earliest times of drawing and painting in school or at home. The desire to work as a professional artist prompted him to work towards a Bachelor of Fine arts and Education degrees along with some architectural design. Schreiner spent the following ten years in Los Angeles, California pursuing creative endeavors. He gained experience in commercial art, toy design, interior design and mural projects and has designed restaurants and painted murals for many interesting clients. Projects include "Executive Decision Maker" coffee cup mug, Rosie's BBQ Grillery Restaurants, a mural around a fish tank in a hospital, working on a motion picture crew "Private School," Lancaster California Museum of Fine Art watercolor show, painting an angel picture onstage for a Life Flight Festival of Trees Auction, and painting a garden hummingbird mural with a picket fence for his wife, Cindy. Brian began exhibiting formally in 1979, and since has had many shows in the western United States and is represented in many private collections. Schreiner began printmaking in 1988. He thinks that creating art is like attempting alchemy: (a process of transforming various elements into gold). It is possible to make art by combining thoughts, living experiences and art materials -in attempting to make good art? Some paintings are created with definite goals and research to tell a story, some are created to cause a discussion about a given topic, and others are painted simply to capture a scene or design in which the viewer might find their own varied meanings. Schreiner's work is an attempt at fusion blurring the line between realism and abstractionism — "realistic abstracts". Poetic and whimsical in nature, Brian's paintings are often the result of a wandering storyteller creating symbolic images of Western America. Brian Schreiner lives in Boise, Idaho. -777 -Ago