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Public Art Commission Agreement for the Creation and Transfer of a Work of Art

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Public Art Commission Agreement for the Creation and Transfer of a Work of Art Public Art Commission Agreement for the Creation and Transfer of a Work of Art This Agreement is between the City of Ashland and (Artist). Recitals: The Public Art Commission has been designated by the City of Ashland to pursue the placement of public art in public spaces. (Artist) has been selected to create and install the artwork hereinafter described and referred to as “WORK”. Agreement 1) Scope of Contractor Services (Artist) shall execute and install the WORK in accordance with the Conceptual Design Proposal attached as Exhibit A. Description of Work Name of Public Art Project: Fire Station No. 2 Location of Public Art Project: Exterior of Fire Station No. 2 on Ashland Street and Sherwood Street. Type of Work: Design, Dimensions, Materials, Installation Date for completion of work: September, 2012 2) Effective and Termination Dates This Agreement shall be effective as of xxxx and shall terminate as of xxxx 3) Compensation The compensation as provided in Exhibit A shall constitute full compensation for all work, permits, inspections and insurance required to complete the project. 4) Independent Contractor Status City of Ashland, Public Art Commission Page 1 Agreement for the Creation and Transfer of a Work of Art (Fire Station No.2) 1. The ARTIST is engaged as an independent contractor and will be responsible for any federal, state and local taxes and fees applicable to payment. 2. The ARTIST and its subcontractors and employees are not employees of the City of Ashland and are not eligible for any benefits through the City, including without limitation of federal social security, health benefits, workers’ compensation, unemployment compensation, and retirement benefits. 5) Assignment ARTIST shall not assign this Agreement, in whole or in part, or any right or obligation, without the prior written approval of the City of Ashland 6) Ownership of work/non-exclusive license/copyright/reproduction/resale/deaccesion A) Ownership: The WORK created under this agreement shall be the property of the City of Ashland. B) Copyright: The ARTIST shall retain copyright, but shall make no exact duplications to full scale of the WORK at another location. All copyright and further reproduction rights to the WORK shall remain with ARTIST. C) ARTIST shall grant a non-exclusive license to the City of Ashland to copy or reproduce the ARTWORK for all standard collection purposes including specifically (but not limited to): exhibition and collection catalogues, City of Ashland website, handouts, brochures, didactic labels, magazines, journals, and newspapers; to transmit or otherwise communicate a display thereof by means of any device or process (examples include but are not limited to slides, film, and television) and to authorize others to do the same, but only on the condition that all such reproductions of said ARTWORK bear a copyright notice as prescribed by the Copyright Law of the United States. This non-exclusive license, which does not transfer ownership of copyright to the City of Ashland shall endure for the entire term of the copyright in and to said ARTWORK (to the extent permissible under the copyright laws of the United States) and shall survive all assignments of copyright. In the event the City of Ashland wishes to use the ARTWORK for commercial purposes, the City shall contact ARTIST so that a separate agreement may be negotiated. ARTIST herby agrees that ARTIST shall give the City of Ashland written notice prior to asserting any claim pertaining to the specific ART Work referred herein which may arise pursuant to 17 U.S.C D) PROECTION OF COPYRIGHT The City shall take steps necessary to ensure that ARTISTS’s copyright is protected. City understands that the copyright to the WORK City of Ashland, Public Art Commission Page 2 Agreement for the Creation and Transfer of a Work of Art (Fire Station No.2) remains with ARTIST and that the copyright is not transferred to the City unless otherwise stated in writing by ARTIST. E) CREDITS The ARTIST also agrees that photographic reproductions of the WORK made by ARTIST for publicity purposes shall refer to the fact the WORK is installed at Fire Station No. 2 under the City Percent for Public Art Program. F) RESALE The City agrees that if in the future it sells the WORK during the lifetime of the ARTIST, the City shall pay the ARTIST a sum equal to fifteen percent (15%) of the appreciated value of the work. For the purposes of this agreement, appreciated value shall mean the sales price of the work of art less the original purchase prices as stated in this agreement. The City shall use best efforts to give written notification to ARTIST of impending sale. If, after 90 days, the City is unable to contact the artist, it will proceed with the sale. G) DEACCESSION PROCEDURE The ARTIST agrees and acknowledges that should the deaccessioning of the WORK become necessary at any point, the CITY shall proceed with deaccessioning pursuant to AMC XXX H) RESITEING The City intends that the WORK shall remain in its designated site and would only consider resiteing it pursuant to the guidelines approved by the CITY. 7) DELIVERY AND INSTALLATION Upon acceptance of WORK in manner described in Exhibit A, ARTIST shall deliver WORK in good condition as specified in Exhibits A and B. ARTIST shall control installation and shall advise the City on the lighting of the WORK to achieve the proper artistic effect. 8) WARRANTY, LOSS OR DAMAGES A) ARTIST warrants that the work is and will be the original product of ARTIST’s own creative efforts and does not infringe on any third party’s copyrights or other intellectual property rights. This shall not, however, preclude ARTIST from subcontracting certain processes as described in Exhibit B. The artist may subcontract portions of the work upon prior written consent from the City. B) ARTIST warrants for a period of one year from the date of acceptance by the City of the WORK that the WORK shall be free from defects in material and workmanship. City shall not unreasonably withhold acceptance of the completed WORK or of its installation and shall accept or reject the WORK no later than forty-five days after its completion. ARTIST shall repair or replace at City’s discretion and at no additional cost to City any portion of the WORK that is found to be defective during the warranty period. City agrees to notify ARTIST of any such defect immediately upon discovery. Confirmation of notice shall be made in writing. C) ARTIST shall assume all risk of loss or damage to the WORK prior to completion and installation. The CITY shall assume all risk of loss or damage to the WORK after acceptance of the work provided such loss or damage is not the fault of the ARTIST. City of Ashland, Public Art Commission Page 3 Agreement for the Creation and Transfer of a Work of Art (Fire Station No.2) D) In the event of physical loss or damage to the WORK prior to completion and installation, the ARTIST shall rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as possible at no additional cost to the City. 9) REPAIR With respect to any repair or restoration of the WORK not covered by the warranty provided in Paragraph 8, ARTIST shall be consulted if possible if the need for repair or restoration arises. The nature of the repair shall not significantly alter the original appearance of the WORK. 10) NON-DESTRUCTION/ALTERATION The City agrees not to purposefully destroy, alter, modify or otherwise change the WORK in any way whatsoever. If any alteration occurs after the receipt of the WORK by the City whether intentional or accidental, the ARTIST has the right to request that the WORK shall no longer be represented to be the WORK of the ARTIST. 11) MAINTENANCE The City shall be responsible for the proper cleaning, maintenance, and protection of the WORK after installation, pursuant to the instructions provided by ARTIST and submitted by ARTIST on the Conservation Record Form 12) EARLY TERMINATION OF AGREEMENT The City and ARTIST, by mutual written agreement, may terminate this Agreement at any time. 13) PAYMENT ON EARLY TERMINATION a. In the event of termination the City shall pay the ARTIST for work performed in accordance with the Agreement prior to the termination date. b. In the event of termination, if ARTIST has not performed work for which he/she has been paid, ARTIST shall return a portion or all of their payment to the City. c. In the event of early termination all ARTIST’s work product will become and remain the property of the City. 14) INDEMINFICATION The ARTIST shall hold harmless, defend, and indemnify the CITY and their officers, agents and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising from the ARTIST’s work or any subcontractor’s work under this agreement. 15) LIABILITY INSURANCE The ARTIST shall cause its subcontractor to maintain public liability and property damage insurance that protect the ARTIST, its subcontractor, the City and their officers, agents, and employees from any and all claims, demands, actions and suits for damage to property or personal injury, including death, arising from ARTIST’s or the subcontractor’s work under this Agreement. The insurance shall provide coverage for not less than $1,000,000 for personal injury to each person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence involving property damages; or a single limit policy of not less than $2,000,000 covering all claims per occurrence.
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