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HomeMy WebLinkAboutE-04 Staff Report - Artist Agreement Azusa Art Box ProgramCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 18, 2018 SUBJECT: APPROVE ARTIST AGREEMENT WITH SIX ARTISTS FOR THE AZUSA ART BOX PROGRAM IN THE DOWNTOWN AZUSA BACKGROUND: The City received a proposal from Azusa Beautiful to establish a Utility Box Art Pilot Project, which is called Azusa Art Box Program. The program will commission local artists to create temporary art work on up to eight (8) City owned utility boxes along Azusa Avenue between 5th and 9th Streets. A number of cities throughout Southern California have adopted similar programs. In several of these cities, including Los Angeles, Glendale, Burbank, and Monrovia, the program is coordinated by an arts commission or committee. The City of Azusa has an Art in Public Places Commission and has identified eight (8) utility boxes in the designated area. On June 5, 2017, the City Council directed Staff to convene the Art in Public Spaces Commission to develop guidelines and criteria for implementing the proposed Utility Box Art Pilot Project on Azusa Avenue between 5th Street and 9th Street. On October 4, 2017, the Art in Public Places Commission recommended that the City Council approve the Guidelines & Requirements for the Azusa Art Box Program and Call for Artist for the Azusa Art Box Program in Azusa Downtown. On October 23, 2017, the City Council approved Guidelines & Requirements for the Azusa Art Box Program and Call for Artist for the Azusa Art Box Program in Azusa Downtown. The Call for Artists for the Azusa Art Box Program in Azusa Downtown was published on December 1, 2017 and deadline to submit proposals was March 1, 2018. The Call for Artist was published and distributed by the following methods: Published: •Gabriel Valley Tribune •Americans for Arts Website •California Arts Council Website APPROVED CITY COUNCIL 6/18/2018 Artist Agreement for Azusa Art Box Program – Downtown Azusa June 18, 2018 Page 2 of 5 • City of Azusa Website • Press Release Distributed: • Azusa Unified School District • Azusa Pacific University Art Department • Citrus College Art Department • Azusa Local Artists On April 2, 2018, the Azusa Art Box – Azusa Downtown Sub-Committee met and reviewed 39 submissions from artists located locally, regionally, and state-wide. The art box submissions were ranked based on the Azusa Art Box Guidelines and Requirements. The committee made a first choice and second choice recommendations for the Art in Public Places Commission to consider. On April 18, 2018, the Art in Public Places Commission reviewed each of the 39 submissions from the artists and the recommendation from the Azusa Art Box – Azusa Downtown Sub-Committee. Each Art Box received multiple submissions. Some artists applied for only one and other artists applied for multiple or all Art Boxes. The meeting was continued to May 23, 2018. On May 23, 2018, the Art in Public Places Commission approved Resolution No. 2018-AIPPC01 which selected six artists for Art Box #1-6 and Resolution No. 2018-AIPPC02 which increased the stipend for Art Box #6 from $1,000.00 to $2,000.00. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Approve all six Artist Agreements to provide professional artwork services in an amount not to exceed $1,000.00 for Art Box #1-5 and $2,000.00 for Art Box #6; and 2) Authorize the City Manager to prepare and execute the agreements, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: The Azusa Art Box Program will support public art programs and enhance the community and neighborhoods through the use of murals. The program aims to enhance the aesthetics of the City, promote civic pride, increase pedestrian activity, highlight Azusa’s rich history, and showcase public art in various areas of the City. The program goal is to bring beauty to unexpected places such as public utility boxes. This program will act as a form of economic development for the City. The murals on the utility box will complement the revitalization of the Downtown and enhance the pedestrian experience. The City would create a Walking Art Box Tour brochure within the Downtown. The following are four ways a community can improve by having a utility box art program: 1) Promote interaction in public spaces; 2) Increase civic participation through celebrations; Artist Agreement for Azusa Art Box Program – Downtown Azusa June 18, 2018 Page 3 of 5 3) Engage youth in the community; 4) Promote the power and preservation of place. The Azusa Art Box Program will start in Downtown Azusa with a total of 8 art boxes located on Azusa Avenue between 5th Street to 9th Street. Art Box #1 Theme: Citrus Industry and/or Palm Trees Location: Southwest corner of 5th Street and Azusa Avenue Artist Name: Eric Michael Artist Location: Los Angeles, CA Azusa’s growth during the last part of the 19th century and the first half of the 20th century can be largely attributed to successful agricultural enterprise. Landholder Henry Dalton pioneered agriculture in Azusa, initially propagating vineyards and later citrus trees. As early as 1867, Dalton imported citrus seedlings and set out a large orchard that ultimately blossomed into a thriving economic interest. Over the next four decades others followed suit and, along with Riverside and other surrounding communities, Azusa moved to the forefront of the citrus industry. However, the post-World War II economic transformation replaced the citrus industry with residential and manufacturing development. Today, no agricultural resources remain in Azusa. In 1907, with a donation from local horticulturist Judge Silent, the husbands and sons of Azusa Woman's Club members assisted in the planting of the tall palm trees lining Azusa Avenue from 10th Street north to Sierra Madre. Art Box #2 Theme: Golden Days/Gold Rush Location: Northwest corner of 6th Street and Azusa Avenue Artist Name: Jesse Nelson Artist Location: San Jose, CA El Doradoville: The City of Gold During 1854, gold was discovered in the San Gabriel Canyon and a town named El Doradoville was built at the fork of the San Gabriel to take care of some 2,000 miners who had filed on gold claims along the east fork of the canyon. During the next 20 years, it is estimated that $12 million in gold was mined and shipped to various mints throughout the United States. The town of El Doradoville was destroyed by flood waters in 1861 and 1862. Art Box #3 Theme: Canyon and/or Route 66 Location: Northeast corner of Foothill Boulevard and Azusa Avenue Artist Name: Gladis Alejandre Artist Location: Azusa, CA Route 66 was created in 1926 and it was aligned using the N.O.T. highway in California. It ran along Foothill Boulevard. through downtown Azusa. The 1935 Road map of Los Angeles shows Route 66 through Azusa along "Center Street", which in the 1939 map had become Foothill Boulevard. State Artist Agreement for Azusa Art Box Program – Downtown Azusa June 18, 2018 Page 4 of 5 Highway 39, runs north of town, along the San Gabriel Canyon, past the dam and all the way to Crystal Lake. Azusa Avenue (CA-39) ran south and met US 60, US 70 and US 99 in West Covina. Art Box #4 Theme: San Gabriel Mountains and/or Azusa “A” on the Mountains Location: West side of Azusa Avenue (Near Light and Water Department Building) Artist Name: Katie McGuire Artist Location: Los Angeles, CA Azusa “A” was first constructed in November 1958 by the Azusa High Key Club. At the time, the 80- foot-tall letter was colored with white chalk. During the ensuing decades, the letter was maintained by the varsity football team. The tradition ended in 1991 when a Jeep carrying students up to the A tipped over, injuring several of them. In 2005 the City’s signature symbol was revived by volunteers. Art Box #5 Theme: Native American Indians and/or Azusa River Location: West side of Azusa Avenue (Near Target) Artist Name: Elaine Stricklin Artist Location: Glendora, CA The Land of Asuksa-nga was first recorded reference to Azusa was found in the diary of Father Juan Crespi, diarist and engineer with Portola Expedition in 1769, then on its way northward from San Diego in search of Monterey Bay. Having come northward through Brea Canyon, Crespi, while camping in the vicinity of Bassett, remarked of the river and the valley to the north. Art Box #6 (Includes a series of 3 boxes) Theme: Metro and/or Red Car Trolley Location: East side of Azusa Avenue (North of Azusa Downtown Metro Station) Artist Name: Laishan Ito Artist Location: Los Angeles, CA Azusa Downtown is an at-grade light rail station in the Los Angeles County Metro Rail system. It is located on Alameda Avenue, a block north of Foothill Boulevard, in Downtown Azusa, California. This station is served by the Metro Gold Line This station was constructed as part of the Gold Line Foothill Extension project Phase 2A. It began revenue service on March 5, 2016 The Pacific Electric, nicknamed the Red Cars, was a privately owned mass transit system in Southern California consisting of electrically powered streetcars, interurban cars, and buses and was the largest electric railway system in the world in the 1920s. Organized around the city centers of Los Angeles and San Bernardino, it connected cities in Los Angeles County, Orange County, San Bernardino County and Riverside County. Service began in Azusa in 1907 and was discontinued in 1951. FISCAL IMPACT: The cost for the eight utility boxes in Downtown will be $7,000.00. Azusa Beautiful has agreed to donate $3,000.00 to fund part of the program approved by Council on June 5, 2017, and the balance of $4,000 will be paid by the City from the Art Fund which was established per Azusa Municipal Code Artist Agreement for Azusa Art Box Program – Downtown Azusa June 18, 2018 Page 5 of 5 88.39.090, to support the Art in Public Places Program. Upon Council approval, Staff will prepare a budget amendment from the Art Fund under 28-35-611-002-6399 in the amount of $4,000. Prepared by: Reviewed by: Manuel Muñoz Kurt Christiansen, FAICP Associate Planner Economic and Community Development Director Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Finance City Manager Attachments: 1) Eric Michael - Artist Agreement for Art Box #1 2) Jesse Nelson – Artist Agreement for Art Box #2 3) Gladis Alejandre – Artist Agreement for Art Box #3 4) Katie McGuire – Artist Agreement for Art Box #4 5) Elaine Stricklin – Artist Agreement for Art Box #5 6) Laisan Ito – Artist Agreement for Art Box #6 7) Map of Art Boxes ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Eric Michael (“Artist(s)”). RECITALS A.The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B.The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C.The goal of the program is to bring beauty to unexpected places such as public utility boxes. D.The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E.Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 1 Artist Services Agreement – Eric Michael – Art Box #1 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of one-thousand dollars ($1,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($500) payment upon execution of this Agreement and one five-hundred dollar ($500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Eric Michael – Art Box #1 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Eric Michael – Art Box #1 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Eric Michael – Art Box #1 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Eric Michael – Art Box #1 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ _________________________________ Printed Name: ____________________ Artist Services Agreement – Eric Michael – Art Box #1 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Eric Michael – Art Box #1 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] U T I L I T Y B O X #1 D E S I G N P R O P O S A L ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Jesse Nelson (“Artist(s)”). RECITALS A.The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B.The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C.The goal of the program is to bring beauty to unexpected places such as public utility boxes. D.The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E.Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 2 Artist Services Agreement – Jesse Nelson – Art Box #2 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of one-thousand dollars ($1,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($500) payment upon execution of this Agreement and one five-hundred dollar ($500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Jesse Nelson – Art Box #2 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Jesse Nelson – Art Box #2 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Jesse Nelson – Art Box #2 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Jesse Nelson – Art Box #2 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ Artist Services Agreement – Jesse Nelson – Art Box #2 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Jesse Nelson – Art Box #2 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Gladis Alejandre (“Artist(s)”). RECITALS A.The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B.The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C.The goal of the program is to bring beauty to unexpected places such as public utility boxes. D.The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E.Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 3 Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of one-thousand dollars ($1,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($500) payment upon execution of this Agreement and one five-hundred dollar ($500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Gladis Alejandre – Art Box #3 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Katie McGuire (“Artist(s)”). RECITALS A.The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B.The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C.The goal of the program is to bring beauty to unexpected places such as public utility boxes. D.The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E.Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 4 Artist Services Agreement – Katie McGuire – Art Box #4 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of one-thousand dollars ($1,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($500) payment upon execution of this Agreement and one five-hundred dollar ($500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Katie McGuire – Art Box #4 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Katie McGuire – Art Box #4 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Katie McGuire – Art Box #4 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Katie McGuire – Art Box #4 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ Artist Services Agreement – Katie McGuire – Art Box #4 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Katie McGuire – Art Box #4 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] Box 4 ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Elaine Stricklin (“Artist(s)”). RECITALS A. The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B. The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C. The goal of the program is to bring beauty to unexpected places such as public utility boxes. D. The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E. Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 5 Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of one-thousand dollars ($1,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($500) payment upon execution of this Agreement and one five-hundred dollar ($500) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Elaine Stricklin – Art Box #5 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] ARTIST SERVICES AGREEMENT CITY OF AZUSA ART BOX PROGRAM This Agreement is made and entered into this 18th day of June, 2018, by and between the City of Azusa (“City”), a municipal corporation, and Laisan Ito (“Artist(s)”). RECITALS A. The City of Azusa Art in Public Places Commission (“Commission”) is launching a utility artwork program to support public art and to enhance the community and neighborhoods through the use of murals. B. The Azusa Art Box Program would enhance the aesthetics of the City, promote civic pride, increase pedestrian activity and showcase public art in various areas of the City. C. The goal of the program is to bring beauty to unexpected places such as public utility boxes. D. The Azusa Downtown Program, which focuses on utility boxes located in the City’s Downtown, is in partnership with Azusa Beautiful, a local non-profit aimed at fostering civic pride by creating a clean, green, safe and vibrant Azusa. E. Azusa Beautiful has contributed financial assistance to initiate the program. F.Selected artists must sign this Artist Services Agreement before beginning work on their assigned utility box. SECTION 1. SCOPE OF SERVICES 1.0 Artist(s) shall perform services according to the City of Azusa Call for Artist: Azusa Art Box – Azusa Downtown. The Artist(s) shall adhere to all of the Azusa Art Box Program Guidelines and Requirements, which are attached hereto and incorporated herein as Exhibit A. The design shall be substantially in the form shown on Exhibit B, which is attached hereto and incorporated herein by this reference. 1.1 City Staff and Commission shall review and approve each utility box. SECTION 2. SCHEDULE OF PERFORMANCE 2.0 Artist is to complete Artist’s Services Agreement within forty-five days following the execution of this Agreement. 2.1 It is understood that time is of the essence in the performance of Artist’s Services under this Agreement. Attachment 6 Artist Services Agreement – Laisan Ito – Art Box #6 Page 2 of 8 SECTION 3. COMPENSATION 3.0 The maximum compensation to be paid to Artist(s) is a stipend of two-thousand dollars ($2,000). 3.1 The Artist(s) shall receive two installments; one five-hundred dollar ($1,000) payment upon execution of this Agreement and one five-hundred dollar ($1,000) payment upon completion of the services and approval by the City under Section 1.1 of this Agreement. 3.2 In the event Artist(s) incurs costs in excess of the maximum compensation, Artist(s) shall pay such excess from Artist(s) own funds. City shall not be required to pay any part of such excess and Artist(s) shall not have a claim against City on account of any costs overruns. 3.3 In the event that City determines that work for which it has been invoiced does not meet the terms of this Agreement, City may withhold payment to Artist(s). In the event that City withholds payment, City shall provide detailed written notice to Artist(s) within fifteen (15) days following the date Artist(s) inform the City of completion of the services. 3.4 The City shall not, in any event, be liable for any pre-contractual expenses incurred by selected Artist(s) in the preparation of its proposal. Selected Artist(s) shall not include any such expenses as part of its proposal. SECTION 4. INDEPENDENT CONTRACTOR 4.0 It is understood and agreed that Artist(s)’s relationship with City is strictly and solely that of an independent contractor, and not as an agent or an employee of City; and as an independent contractor, Artist(s) shall obtain no rights to retirement benefits or other benefits accrue to City’s employees, and Artist(s) hereby expressly waives any claim Artist may have to any such rights. 4.1 Artist further agrees to acknowledge and accept sole responsibility for determining the method and means by which Artist(s) will fulfill Artist(s) obligation under this Agreement. 4.2 Nothing contained in this Agreement shall be construed to place City and Artist(s) in the relationship of partners. Artist(s) acknowledges and agrees that Artist(s) shall not hold him, her or itself out as an authorized agent of City with power to bind in any manner. SECTION 5. INSURANCE REQUIREMENTS 5.0 Artist(s) are required to comply with the City’s insurance and liability requirements. SECTION 6. INDEMNIFICATION BY ARTIST Artist Services Agreement – Laisan Ito – Art Box #6 Page 3 of 8 6.0 INDEMNIFICATION. Artist(s) agrees to protect, defend, indemnify and hold harmless City and its officers, agents and employees, from and against all claims, costs and damages (collectively, “liabilities”) arising out of negligent or willful acts or omissions in the performance of this Agreement by Artist(s), or the Artist(s)’s agents or Artist(s)’s subcontractors. Artist(s)’s obligations to indemnify and hold City harmless under this subsection exclude only those liabilities, which are due to sole negligence or willful misconduct of City its officers, agents and employees. 6.1 INFRINGEMENT. Artist(s) also agrees to protect, defend, indemnify and hold City, its officers, agents and employees harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by Artist(s), or Artist(s)’s agents or Artist(s)’s subcontractors constitute an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party. This section shall survive expiration or sooner termination under this Agreement. SECTION 7. TERMINATION 7.0 TERMINATION WITHOUT CAUSE. City may terminate this Agreement without cause upon thirty (30) days written notice to Artist(s). Termination shall be effective thirty (30) days after Artist(s)’s receipt of City’s termination notice. 7.1 TERMINATION WITH CAUSE. If Artist(s) fails to perform any of Artist(s)’s material obligations under this Agreement, City may terminate this Agreement upon fifteen (15) days written notice to Artist(s) (“Termination Notice”). The Termination Notice must specify Artist(s)’s breach and provide Artist(s) with an opportunity to cure the specified breach within the fifteen (15) day notice period. In the event that Artist(s) fails to cure the specified breach within the fifteen (15) day notice period, the termination of this Agreement will be effective. In instances where the specified breach is incapable of being cured within fifteen (15) days, Artist(s) shall commence to cure the specified breach within the fifteen (15) day notice period and diligently execute the work necessary to complete the cure. 7.2 COMPENSATION. In the event that City terminates this Agreement, City shall pay Artist(s) for services performed and contractual commitments made by Artist(s), and previously approved by City, with vendors and subcontractors pursuant to this Agreement that cannot be canceled, in a manner consistent with this Agreement and in a manner reasonably satisfactory to City to date of termination, consistent with the schedule of payment set forth. 7.3 REMEDIES. City’s remedies under this Agreement are cumulative and are in addition to City's rights available at law or in equity. 7.4 WAIVER. The parties agree that waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or Artist Services Agreement – Laisan Ito – Art Box #6 Page 4 of 8 condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 8. COMPLIANCE WITH LAWS 8.1 COMPLIANCE. Artist(s) shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 9. NONDISCRIMINATION 9.1 NONDISCRIMINATION. Artist(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this Agreement. SECTION 10. ARTIST(S)’S WARRANTIES 10.0 The Artist(s) represents and warrants that: a. The artwork that is included on the application, and shown on Exhibit B, will be substantially the same as the art that will be painted on the box. b. The City of Azusa, or its contractors, must have access to the components in the box at all times. c. Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. d. Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. e. When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. f. The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. g. Door hinges should be painted so as to not lock the door in place. h. The levers/handles/keyholes on the boxes should not have any coating over them. i. Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Artist Services Agreement – Laisan Ito – Art Box #6 Page 5 of 8 10.1 Artist(s) in addition represents and warrants that the artwork will not contain: a. A copyrighted or trademarked image or logo; b. A brand or business name; c. A website or social media link; d. Address or phone number; e. Is plagiarized, stolen, or copied from another source; f. Defames or invades the rights of any person, living or dead. 10.2 Artwork will not contain art likely to: a. Incite or produce an imminent lawless act; b. Disrupt the orderly operation of the facility exhibiting the art; c. Be integral to criminal conduct or violate the law. 10.3 Artwork will not contain art that may reasonably be constructed as: a. False or fraudulent; b. Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; c. Harmful matter for minors as defined in California Penal Code Section 313 or any successor legislation; or d. Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. SECTION 11. ARTIST’S WAIVERS 11.0 Without limitation of any other provision hereof, Artist(s) expressly agrees to waive any and all rights Artist(s) may have pursuant to title 17 U.S.C. Section 106A, (commonly known as the "Visual Artists Rights Act of 1990") as Artist(s)’s rights under Act apply, if at all, to the following uses of Artwork: a. City shall have the right to reproduce Artwork as provided in this Agreement. b. City shall have the right to move, relocate or remove Artwork from the intended location and to store or dispose of Artwork as City deems appropriate. Artist Services Agreement – Laisan Ito – Art Box #6 Page 6 of 8 c. City shall have the right to loan the Artwork as City deems appropriate 11.1 Artist(s) further agrees that to the extent California Civil Code Section 987 has force or effect with respect to Artist’s rights to the Artwork, Artist expressly waives such rights. SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS 12.0 ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. SECTION 13. REFERENCE TO CITY. 13.0 Where this Agreement requires or permits City to act and no officer of the City is specified, City’s Manager or the authorized representative of City’s Manager shall be deemed authorized to act of City’s behalf. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF Azusa, a municipal corporation: _____________________________ Sergio Gonzalez City Manager ARTIST(S) _________________________________ Printed Name: ____________________ Artist Services Agreement – Laisan Ito – Art Box #6 Page 7 of 8 EXHIBIT A Azusa Art Box Program Guidelines and Requirements [Inserted on following page] City of Azusa Economic & Community Development Department Planning Division 213 E. Foothill Boulevard, Azusa, CA 91702 www.ci.azusa.ca.us Office 626-812-5289 FAX 626-334-5464 AZUSA ART BOX PROGRAM GUIDELINES & REQUIREMENTS Artist Stipend The Art in Public Places Commission will fund $1,000.00 per utility box, inclusive of all Artist’s fees, paints and materials. Eligibility This program is open to all local and regional artists. The Commission encourages applications from both new and established artists. Azusa applicants may be given preference if all else is equal. Artists may apply as an individual artist or as a group. For group submissions, a signed Release of Liability and Indemnity Agreement for each participating artist must be included in addition to the application form and design template. Group submissions may be for a single utility box or multiple utility boxes. Selection Process & Criteria Submissions will be reviewed by a selection committee consisting of Art in Public Places Commissioners, community members and City Staff. Once the artwork is selected, the committee will send a notification by email and formal letter and the artist(s) will be assigned the City utility box(es). Criteria used to select artists will be: • Evaluation of artistic excellence including quality of the art and artist originality; • Creative and innovative concepts; and • Appropriate regard for the nature of the space and the audience. Mural Specifications The Azusa Art Box Program is designed to encourage community pride and beautify neighborhoods. Murals will be installed in a public place and must be suitable for viewing by all ages. The Arts in Public Places Commission shall identify through the Call for Artist, a theme for a singular utility box or series of utility boxes. The following guidelines should be followed: • The artwork that is included on the application must resemble the art that will be painted on the box. Azusa Art Box Program Guidelines & Requirements Page 2 of 3 • Because the size of the box may vary slightly, artists should be prepared to adjust their artwork to the size of the box. • The City of Azusa, or its contractors, must have access to the components in the box at all times. • Some boxes may have locks and control panels that will have to be remain free of any art image, although shall be painted a solid color to match the artwork. • Artists may want to block off the box to keep the public from brushing against wet paint, but care should be given to leave at least five (5) feet of the sidewalk open for pedestrians and compliance with ADA requirements. • When washing or painting the box, it should be done in a manner that no moisture gets inside the box through any vents. There are sensitive electronic components in the box. • The vents should not be covered so as not to restrict airflow from the cabinet. Ventilation keeps the box from overheating. • Door hinges should be painted so as to not lock the door in place. • The levers/handles/keyholes on the boxes should not have any coating over them. • Artwork using a majority of dark colors cannot be considered due to the potential for overheating of the utility boxes. Ineligible Entries A Proposal will be ineligible, for any one or more of the following reasons, if the mural: Contains: • A copyrighted or trademarked image or logo; • A brand or business name; • A website or social media link; • Address or phone number; • Is plagiarized, stolen, or copied from another source; • Defames or invades the rights of any person, living or dead; Is likely to: • Incite or produce an imminent lawless act; • Disrupt the orderly operation of the facility exhibiting the art; • Is integral to criminal conduct or violates the law; or May reasonably be construed as: • False or fraudulent; • Obscene matter, as defined in California Penal Code Section 311 or any successor legislation; • Harmful matter for minors as defined in California Penal Code Section 313 or any successor • legislation; or • Child pornography, as defined in 18 U.S.C. Section 2256, or California Penal Code Section 311.1(a) or 311.2(b), or any successor legislation. Azusa Art Box Program Guidelines & Requirements Page 3 of 3 Painting & Materials Artists are responsible for prepping and painting the utility box. This may include several sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics 4. finishing with antigraffiti clear coat). Artists are responsible for cleanup of their area and safe disposal of all paint materials. Artists may only use acrylic paint: Golden or Liquitex high viscosity paint, lightfastness 1, with low sheen, eggshell or satin finish. Artists are responsible for applying a coat on top of the mural of Liquitex Soluvar. This is not permanent varnish, but is weather and UV resistant and will enable better graffiti clean off if needed. Insurance & Indemnification Selected artists are required to comply with the City’s insurance and liability requirements. Also, selected artists must sign a Release of Liability and Indemnity Agreement. Location Artists and artist groups may request a specific or series of box location(s) on the application but are not guaranteed a specified location. Installation When the City uses the artist’s images or the artwork for promoting arts programming, the City will identify the artist and give credit to the artist, whenever possible, but the City will not be liable to the artist for an error in or omission of the artist’s identification or the artist’s credit for the artwork. Repair and Removal The City cannot be held responsible for damage caused by graffiti removal. The City may remove a mural from a utility box, at any time, for any one or more of the following reasons: • The City determines that the mural falls under any one or more of the reasons listed under “Ineligible Entries”; The mural or any part of it: • Endangers public safety or poses a public safety hazard; • Possesses a demonstrated fault in workmanship; • Requires excessive or unreasonable maintenance; • Is damaged irreparably (including vandalism or graffiti), or to an extent that restoration is unreasonable or impractical; • The utility box owner requests removal; or • The utility box is damaged or needs maintenance, repair, modification, or replacement. Artist Services Agreement – Laisan Ito – Art Box #6 Page 8 of 8 EXHIBIT B Design [Artist’s design on following page] SAN GABRIEL CANYO N FRONT TOP LEFT SIDE RIGHT SIDEBACK Azusa Art Box Program Design Submission for Utility Box #6- 1 of 3 Iconic Azusa, citrus, and palm trees By Laishan Mui Ito 5/16/18 FRONT VIEW LEFT SIDE VIEW BACK VIEW Azusa Art Box Program Design Submission for Utility Box #6- 1 of 3 Iconic Azusa, citrus, and palm trees visual samples By Laishan Mui Ito 5/16/18 CROSSINGRAILROAD3 TRACKSCROSSINGRAILROAD3 TRACKS FRONT TOP LEFT SIDE RIGHT SIDEBACK Azusa Art Box Program Design Submission for Utility Box #6- 2 of 3 Gold Line Destination-Added palm trees to tie in with the Iconic Azusa box By Laishan Mui Ito 5/16/18 Azusa Art Box Program Design Submission for Utility Box #6- 2 of 3 Gold Line Destination visual samples By Laishan Mui Ito 5/16/18 FRONT VIEW RIGHT SIDE VIEW LEFT SIDE VIEW AZUSA 1898 AZUSA 1898 FRONT TOP LEFT SIDE RIGHT SIDEBACK Azusa Art Box Program Design Submission for Utility Box #6- 3 of 3 Red Car Trolley and the Historic Citrus Root of City of Azusa By Laishan Mui Ito 5/16/18 Azusa Art Box Program Design Submission for Utility Box #6- 3 of 3 Red Car Trolley and the Historic Citrus Root of City of Azusa By Laishan Mui Ito 5/16/18 FRONT VIEW RIGHT SIDE VIEW A Z U S A A Z U S A ^ ^ ^ ^^ ^33 6655 44 22 11 ´ 1 inch = 300 feet Path: C:\ArcGIS_Misc Projects 5\Hien V\Utility Box\Update4Manny2.mxd Date: 9/28/2017 J.Prado Azusa Art Box Program Geographic Information Systems Data: Azusa Light & Water - EngineeringData: Azusa Light & Water - Engineering Foothill Blvd.Azusa Ave.Attachment 7