HomeMy WebLinkAboutArtwork License Agreement - Traffic Box Community Art - Anne WatsonARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
("Agreement") is made this day of42019 ("Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Anne Watson
Sorensen, 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, 2019, 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 Meridian of Time (aka Funky Town #10),
depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council
accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146;
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
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
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
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 Effective Date
first written above.
ARTIST:
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CITY OF MERIDIAN:
BY: Attest:
Tammy de Weerd, Mayor
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ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT Page 3
ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT
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. 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:
This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion,
nationality, or disability. 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 three (3) images for consideration; a maximum of two (2) images per
person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed
ineligible and will not be considered.
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;
Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted
descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format;
Biography of the artist (or artist statement), must fit on one-page, 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
33 East Broadway Avenue
Meridian ID 83642
DEADLINE:
This call shall be open until 5:00 p.m. on Friday, April 12, 2019.
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 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 e-mail to mac@meridiancity.org.
EXHIBIT A
Meridian City Council Meeting Agenda July 9, 2019 – Page 453 of 542
ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT
EXHIBIT B
APPLICATION MATERIALS
Meridian City Council Meeting Agenda July 9, 2019 – Page 454 of 542
ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT
EXHIBIT C
M ERIDIAN OF T IME (AKA FUNKY T OWN #10)
Meridian City Council Meeting Agenda July 9, 2019 – Page 455 of 542