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Home My WebLink About536892 GAYL E YOCOM - CONTRACT - AGREEMENT MISC - GAYL E YOCOMCITY OF FORT COLLINS TRANSFORT DEPARTMENT MAX BUS RAPID TRANSIT SERVICE PUBLIC ART AGREEMENT THIS AGREEMENT is made and entered into this 12k" day of h9�, 2014, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter "the City"), and GAY'L YOCOM, an individual (hereinafter "Artist"). In consideration of the mutual covenants and obligations described below, the parties agree as follows: 1. Scope of Work. 1.1. Artist shall create an original piece of art ("Work") depicting a City Transfort MAX bus in transit. Artist will provide all materials that Artist chooses to use to complete the work. 1.2. Artist shall follow the following design guidelines: • Work shall be in the form of one (1) original signed I I" X 14" water color, painting, unframed. • Work shall depict MAX bus along its route in the Downtown area. Work shall be picture -based, not word -based. If Artist chooses to include text in the design, it should be incidental to the design. Work that includes logos, copyrighted or trademarked images, other than those marks of the City, Transfort, and MAX; or political, commercial, religious, or sexual symbols, themes or messages will not be accepted. Work shall be appropriate for a diverse, broad -based audience of all ages. 1.3. Artist agrees to the following delivery and approval requirements: • Deadline for original artwork review is May 6, 2014. • Work and all reproductions shall be complete by May 8, 2014. • City needs to approve original Work before copies are produced. 1.4. Artist shall provide the following reproductions of the Work: • Fifteen (15) 8" X 10" numbered and signed high quality reproductions on archival paper, with archival white mat on classic black wood 11" X 14" frames; and • Fifty (50) commemorative notecards, 4 %z" X 5 'h", printed artwork on front, with Transfort logo & event date on back. 1.5. Changes to Scope of Work 1.5.1. Changes by Artist. The Artist cannot change the design specifications and drawings in this paragraph 1 without advance written approval from the City. 1.5.2. Changes by the City. The City may request changes in the design of the Work through written Change Order Requests. The Artist and the City will then negotiate in good faith to reach agreement on any necessary changes in price or scheduling. Once the parties have reached agreement, the City will issue a written Change Order documenting the agreed upon terms. The Artist must not proceed with work related to the requested change until the City issues the Change Order. 2. Formal Acceptance and Ownership of the Project. 2.1. The Artist must notify the City when the Work is complete and all reproductions available. No more than thirty (30) days after receiving such notice, the City will provide the Artist a written response, informing the Artist that either: • the City agrees the Work is complete consistent with the terms of this Agreement, all other related work is completed in accordance with this Agreement, and the City formally accepts the Project as completed ("Letter of Acceptance"); or • the City does not consider the Work to be completed due to unresolved issues or defects that remain, and describing the outstanding issues or defects that the Artist must cure before the City will issue a Letter of Acceptance. 2.2. The Work is not finally complete for purposes of this Agreement until the City has issued a Letter of Acceptance. Once the City has issued a Letter of Acceptance the City will be the sole owner of the Project, and the Artist will have no further obligations under this Agreement, except as set forth in paragraph 6. 3. Ownership of Works Created. 3.1. Artist understands and agrees that the finished Work may be displayed by the City in a manner open to the public and the reproductions provided herein will be otherwise disposed of at the City's discretion. The City will not compengate Artist further for the sale or auction of any reproduction of the Work. 3.2. Assignment of Copyright. The Artist hereby assigns, transfers, and conveys to the City all right, title and interest in and to the Work together with the copyright therein and the right to secure copyright registration therefore, in accordance with Sections 101, 204, and 205 of Title 17 of the United States Code, the Copyright Law of the United States. This assignment, transfer and conveyance includes, without limitation, any and all features, sections, and components of the work, any substantially similar works, the Unites States and worldwide copyrights therein, and any renewals or extensions thereof, and any and all other rights that the Artist now has or to which the Artist may become entitled under existing or subsequently enacted federal, state, or foreign laws, including, but not limited to the following rights: to reproduce, publish, and display the Work publicly, to prepare derivative works of and from the Work, to combine the Work with other materials, and to otherwise exploit and control the use of the work. As additional consideration for this assignment, City agreed that all reproductions of the Work by the City shall credit the Artist. 3.3. Exceptions. Notwithstanding the assignment of rights described in paragraph 3.2, the City agrees that it may not alter the Work and represent it as the Artist's work without the Artist's permission. Artist authorizes the City to make two-dimensional reproductions of the Work for any purpose including promotions and fund-raising, so long as any reproductions credit the Artist. 3.4. With the exception of publicity pieces, the Artist must not knowingly make or permit others to make reproductions of the Work for commercial purposes without the written permission of the City. 4. Contract Sum. City will pay Artist for the performance of this Contract, subject to additions and deletions provided herein, three thousand dollars ($3,000) for time, materials, Artist's commission and related costs, including all reproductions provided herein. Such payment due within thirty (30) days of the City's Letter of Acceptance Failure to Complete. If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Work in accordance with the Agreement, any work already done on the Work will be the City's property. City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Work in any manner the City may deem appropriate. 6. Work is Unique. Artist represents and warrants that the Work is artistically unique, and agrees not to create or be involved in the creation of an identical or substantially similar artwork within 150 miles of Fort Collins, Colorado. Governing Law. This Agreement is governed by the laws of the State of Colorado. [Signatures appear on the fallowing page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TI A L:l' A /a& l-It06C , yf'sew City Clerk A%le, APPROVEDT/O FORM: (� Assis t City Atto y Director, Purchasing and Risk Management ARTIST: GAY'L YOCOM An individual Address: $l3 vn - , �uS �T WQjhK,j4-6W0 SD5q y Phone: —034 '— Email: gyart@rocketmail.com BY: r� ay STATE OF COLORADO ) )ss. COUNTY OF (t P/ Subscribed and sworn to before me this /c� day of , 2014, by Gay'l Yocom. Witness my hand and official seal. -40 / •( PV e� My Commission Expires: 0{ w�E Notary Public Z' PP�pN i C !* OF April 28, 2014 Timothy Wilder, Service Department Manager Transit Center City of Fort Collins 250 N. Mason Street Fort Collins, CO 80524 Tim, Here is the updated proposal with the final count of 15 prints as per your email today. Original artwork unframed (aprox. I I 14) - $500 Exclusive Copyright of artwork - $500 15 - 8 x 10 numbered and signed print of artwork - S25ea ($375 total) Professional Time -framing for prints. 15 - Classic black wood 1 I x 14 frame with quality white mat - $85 ea ($1275 total) Commemorative notecards 4.25x5.5, printed artwork on front, with Transfort R City logo, event date on back - $7 ea (estimating 50) 5350 total PROJECT TOTAL -------------------------------------------------- $3000 Thank you, Gay'l Yocom gyart@rocketmail.com