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HomeMy WebLinkAboutWaterloo Center for the Arts-Commission of Art Work-12.03.2009 Waterloo Center for the Arts Standard Agreement for Commissioning of Art Work THIS AGREEMENT, dated December 3, 2009, is made by and between the City of Waterloo, hereinafter called the "City", acting by and through the Waterloo Center for the Arts, hereinafter called the "WCA", and Waterloo Cultural & Arts Commission" hereinafter called the "Agency", and Chawne Paige, hereinafter called the "Artist", whose permanent address is 210 Normandy Street, Waterloo, IA 50703. WHEREAS funds have been allocated and otherwise made available by the City for the commission of Work created by the artist and the total artist fee is $1,500; and WHEREAS the Artist was selected by the Public Art Committee of the Waterloo Cultural & Arts Commission for this project; and WHEREAS the Artist wishes to create an original Work in a professional manner for the City; NOW THEREFORE, based upon their mutual promises and consideration, the parties agree as follows: 1. DESCRIPTION OF WORK. The Artist will create and personally execute original digital designs for eight large-scale public mural panels with finished size of the completed mural panels to measure as follows: 6 panels @ 8' wide by 20' high; 2 panels @ 8' wide by 30' high. The Artist's digital designs will be of adequate resolution for production at that scale and will be proportional to existing frame structures currently at the Site. The designs adhere to all specifications set by the production house selected to print and install the finished murals. 2. LOCATION. The murals will be installed in place of mural panels currently located on the side of two buildings located at the northwest corner of Washington and West 4th Streets. 3. CHANGES IN DESIGN. The Artist shall create the.Work in accordance with an approved design. Recognizing that the design process may require adjustments, the Artist has the right to make minor changes in the Work that are technically or aesthetically necessary. Any change in scope, design, or format that significantly alters the original and approved concept and design of the Work or affects installation, scheduling, production, site preparation, or maintenance for the murals shall require the prior review and approval of WCA. WCA. The accepted Work and the subsequent mural will be the property of WCA. 8. INSPECTION AND REVIEW. The Agency and WCA reserve the right to review the Work while in process of execution and, at reasonable times, to require and receive progress reports from the Artist. 9. ARTIST AS INDEPENDENT CONTRACTOR. The Artists agrees to perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. Any and all employees of the Artist engaged in the performance of any work or services required by the Artist under this Agreement shall be considered employees of the Artist only. The Artist shall furnish all supervision, labor, equipment, insurance, and other incidental needed to complete this Agreement. 10.DOCUMENTATION AND RECORDS. Upon completion of Work, and before final payment shall be made, the Artist shall furnish WCA with a full set of plans and design drawings and other documentation relevant for interpretation, maintenance and repair of the Work. 11.PUBLIC NOTICE. The Agency shall, at its expense, prepare and install at the Site, pursuant to the written instructions issued by WCA upon installation of the mural series, a plaque identifying the Artist, the title of the Work, and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 12.WARRANTIES. The Artist warrants that the Work is the property of the Artist only, that the Work is the original product of the Artist's own creative efforts, that the Work is an edition of one and that there will be no copies other than for documentary purposes. The Artist agrees that the Work shall be a unique example of the Artist's work and the Artist shall not anywhere else produce such a Work for commercial purposes, nor allow others to do so, without the express written consent WCA and the Agency. Copies of the Work can be made by the Artist for the purpose of display in an exhibition of the Artist's work or for inclusion in applications for further commissions provided the following credit is given: "Original owned by " Waterloo Center for the Arts, Waterloo, Iowa". The Artist warrants that the execution and fabrication of the Work will be performed in a professional manner and that the Work, as delivered will be free of defects in material and workmanship. 13.ASSIGNMENT OF WORK. The Work and services required of the Artist under this Agreement are personal and shall not be assigned, sublet, or transferred. The provisions of this section of the Agreement shall not 17.MAINTENANCE OF THE WORK. The Agency recognizes that maintenance of the mural is essential to its integrity. The Agency agrees to reasonably assure that the mural is properly maintained and kept in proper condition taking into account the recommendations of the Artist. The Agency shall communicate with WCA regarding any maintenance problems prior to taking further action. The obligations created in this section of the Agreement of the Agency, flow only from the Agency to WCA and from the Agency or WCA to the Artist. The Artist shall provide to WCA and the Agency any information relevant to maintenance and repair of the Work. 18.REPAIRS. The Agency shall consult with WCA in all matters concerning repairs and restoration of the Work and mural. Furthermore, the Agency agrees that it will obtain prior written approval from WCA for any repair and restoration. Approval by WCA shall not be unreasonably withheld. During the Artist's lifetime, the Artist shall supply at no charge to WCA, advice concerning problems related to the maintenance of the Artist's Work. Reasonable attempts shall be made to contact and inform the Artist of modification, changes or removal of the Work and/or mural. Should mural suffer damage or deterioration, the Agency and WCA have the right to produce and install similar mural reproductions in its place. The Artist shall have the right to approve all repairs and conservation, provided, however, the Artist shall not withhold approval for any repair or conservation of the Work made in accordance with recognized principles of conservation. If the Artist fails to approve any repair or restoration, made in accordance with recognized principles of conservation, the Agency and WCA shall have the right to make such repair or conservation. The Artist shall be given the opportunity to make or personally supervise repairs and conservation if the Artist is qualified and available within a time period that will prevent additional damage. All repairs shall be made in accordance with recognized principles of conservation. Costs of repairs or conservation will be the responsibility of the Agency, unless the necessary repairs are due to the negligence of the Artist or resulting from a defect of material or workmanship. 19.WAIVER AND TERMINATION OF RIGHTS. The Artist agrees to notify WCA of any changes n the Artist's address within 90 days of that change. Failure to do so shall be deemed a waiver of the Artist's rights expressed in Sections 15, 16, 17, and 18 of this Agreement. Upon the death of the Artist, all of the Artist's rights expressed in Sections 15, 16, 17, and 18 of the Agreement revert to the City of Waterloo, Iowa. digital, and mechanical or any other methods that may become available following the Work for any non-commercial purpose. The Artist grants to WCA, Agency of the State of Iowa under this Agreement the right to digitally publish, display or reproduce the Work on WCA's, Agency's, or the City of Waterloo's website/webpage or in such other media that may become available. The Artist agrees to release and hold harmless the City, the Agency and WCA and their officers, members, agents and employees from any and all causes of action, suits at law or equity, demands or claims resulting from the publication and display of the Work on the Internet or in such other media that becomes available. All reproductions of the Work by the Agency or WCA shall contain credit to the Artist as follows: "copyright Chawne Paige 2010." The artist agrees to give credit in the follcwing form: "Original owned by Waterloo Center for the Arts" in any public showing of any reproductions of the Work. The Artist must provide the WCA documentation that the Artist holds copyright to all of the materials outlined in Section 10. These materials include but are not limited to: still photographs, photographic slides, electronic and digital materials and video. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Ch4yiri6 Paige/ rtis atfgJ A (614-L., 11.21 /(9rOci Tim Hurley, Mayor Date City of Waterloo /��i�� 06-eeeL- Cammie z� /ma Scully, Director Date Waterloo Center for the Arts U"