HomeMy WebLinkAboutAllison Aldape for Emily Aldape (minor) - Traffic Box ArtPROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT ("Agreement") is made this ', _ day of August, 2017 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Allison Aldape ("Contractor"), an individual person and parent or legal guardian of Emily Aldape, a
minor child ("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
pant 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 June 1, 2017, 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 piece of art entitled Dandelion, depicted in
Exhibit C hereto ("Artwork") submitted by Artist, and on June 20, 2017, Meridian City Council accepted
such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 17-2017;
WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork, to
become 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. Delivery of Arhvork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap 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
Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to 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, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
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Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, 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. Contractor 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. Limited edition. Contractor warrants and represents that the Artwork has never before been
created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created 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 or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps 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. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
Il. TERMS AND CONDITIONS
A. Acknowledgment. Contractor 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. Contractor 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 Contractor or Artist 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.
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C. Relationship of Parties. Contractor 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 Contractor and City or
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. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state, and local laws.
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 Effective
Date first written above.
CONTACTOR:
Allison Ald e
Parent or Guardian of Emily Aldape
CITY OF MERIDIAN:
ARTIST:
J J_�"_rj I'do r'p,
Emily Aldape
0
BY: ,Attest:
Tammy de eerd, Mayor m CAY COIW' City
SEAL
PROFESSIONAL SERVICES AGREEMENT —UTILITY Box WRAP PAGE 3 of 9
EXHIBIT A
CALL FOR ARTISTS
PROFESSIONAL SERVICES AGREEMENT -TRAFFIC BOX WRAP PAGE 4 Of 9
Meridian 1 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, &OAC and/or a sponsoring partner may select a piece of artwork
represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be
selected for a traffic box 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 wilt 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 three (3) images for consideration; a maximum of one (1) images per person
may 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 & Acknowledgements form;
• ane -page letter of intent, including biography of the artist, in .pdf format; and
• Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image
file names must include artist's last name and artwork title.
E-mailed submissions may be sent to mac@meridiancity.org: documents must be .PDF and artwork images
must be ,JPG format. Hard copy materials (printed on 20 lb paper) may 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 19, 2017.
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 setectees either by email. or 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 a -mail to nae@meridiancity.org.
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 5 of 9
EXHIBIT B
APPLICATION MATERIALS
PROFESSIONAL SERVICES AGREEMENT — TRAFFIC BOX WRAP PAGE 6 of 9
Meridian Commission
Application Ft Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY
Applicant:. t'y 1 k K\AR 1' r
E-mail address: ck\r� C- 1� C. VL -:!en fin' wYl': ,i`t : ( y
Mailing address: / 12A \Q1 o-L..,y-1-. c tc` uno, , Lei—
Physical address: 4t _1
1,y) -Applicant phone:
Image title(s):
2.
3.
Cell:
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 shall be set forth in a
separate, written Acceptance Agreement between myself and the City of Meridian. I specifically
aicJ nnowledge and agree that:
11i�' A. All artwork submitted with this proposal for consideration for inclusion in the digital
repository is original work that I myself conceived and created In all respects.
+ B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap,
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
4 a,
negotiation and execution of such agreement.
f\'/ C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will
L 711be 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
I�`?� vinyl wrap.
,"r I la, Upon submission of artwork to the City of Meridian for consideration for inclusion in the
INITIAL digital repository, SUCK submission is a public record, subject to the Idaho Public Records Act,
E. Artwork included in the digital repository may be removed from the repository, and/or the
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 feet 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 understand, and submit my proposal subject to, each and all of these terms and
conditions.
F
Signature!: f `:._f �' _ �^'t :,� c f ..._�._ Date: /;f5 ,• a�
i
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 7 Of 9
Traffic Box Art Image Application
Letter of Intent and Biography
My name is Emily Aldape .I am g years old and I live in Meridian,
Idaho.
I would like to submit my painting to the Meridian Arts Commission.
I created a marker and water calor painting and I named my painting
":dandelion".
was born on January 19, 2008 at St. Luke's hospital in Boise, Idaho.
I live with my mom, dad, and my little brother Ben.
go to Ponderosa Elementary and I am in Mrd grade. My favorite
subjects in school are math, reading, science, music, P.E., and library.
I love spending time with my family, dancing, and art. I lave art
because it makes nye feel happy and it shows my emotions.
am not quite sure what I am going to be when I grow up but I would
like to run a charity.
Thank you for accepting my artwork.
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EXHIBI`I9
DANDELION
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