HomeMy WebLinkAboutTraffic Box Art - Emilee BruggerPROFESSIONAL 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 2-16F day of August, 2018 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Emilee Bi agger, an individual person ("Artist").
WHEREAS, the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS, Mayor Tammy de Weerd selected a piece of art created by Artist entitled Bird's Eye
Attention, depicted inExhibit -4 hereto ("Artwork"), which was displayed at the 2018 West Ada School
District Student Art Show, to win the "Meridian Mayor's Choice Award Winner," the Mayor
recommended to Meridian City Council that such Artwork become an installation as part of the Project,
and on June 15, 2018, the Meridian City Council accepted MAC's recommendation; and
WHEREAS, Artist wishes 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 Patties agree as follows:
I. SCOPE.
A. License; alterations. Artist grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize thud 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.
B. Copyright. Artist shall not make any claim to the copyright of the Artwork. Artist expressly
waives any and all right, title, or interest in the images or products created using Artwork. Artist
understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,
publication, and display. Artist 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. 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.
C. Limited edition. Artist 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 is
PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE 1 of 4
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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.
Compliance with law. 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.
CITY OF MERIDIAN:
BY: - ttest:
Tammy eerd, Mayor
Cleric
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