HomeMy WebLinkAbout2011-055 Agrmt - Public Art - Watershed Map
Agreement for Public Art Project
"Ashland Watershed Map" for the City of Ashland Forest Lands Commission
This Agreement, between john P. McFarland hereinafter "Artist," and the City of
Ashland, hereinafter "City," relates to the terms and conditions to transfer approved design
of the Ashland Watershed Map as accepted and approved in final form by the Ashland
Forest Lands Commission on january 11 th, 2011.
WHEREAS, City, by and through the City of Ashland Forest Lands Commission, held
an open, public contest for public art between january 2010 and May 2010; and
WHEREAS, following compliance with City ordinances and administrative policy for
selection of public art, Artist's Design was selected for display; and
NOW THEREFORE, for valuable consideration, the parties agree as follows:
1. Artist was awarded $500 for selection of the winning submission to the Forest Land
Commission in the Ashland Watershed Map Contest. Artist was then awarded an additional
$500 for map rework and coloring of the design as directed by the Commission and
approved at the january 11th, 2011 meeting.
2. Additionally, Artist expressly understands and agrees to the following terms and
conditions:
a. Design submitted by Artist is original, solely created by Artist and reproduction
will not violate the rights of any third party. Artist shall not make any
additional, exact duplicate reproductions of the final design and dimension, nor
shall the artist grant to a third party, the right to replicate the artistic designs
and dimensions of the Design, without the written permission of the City of
Ashland.
b. Design shall be the exclusive property of the City of Ashland.
c. Artist grants to the City of Ashland, an irrevocable license to make
reproductions of the artwork and the final Design to be used in brochures,
media, publicity and catalogs or other similar publications.
d. All reproductions of the Design will credit the artist by the name submitted with
the entry.
e. Artist further agrees, for itself, its heirs, executors, administrators, successors,
and assigns, to release and forever discharge the City of Ashland, its elected and
appointed officers, directors, agents, employees, successors, and assigns from
any and all claims, demands, actions or causes of action, including causes of
action under V ARA and under this Agreement, which Artist now has or which
hereinafter may accrue against the City of Ashland, its officers, directors, agents,
employees, successors, and assigns in connection with the transfer installation,
removal or any damage, from whatever cause, which may occur to the Art.
f. Artist shall also hold harmless, indemnify, and defend the City of Ashland, its
officers, directors, agents, employees, successors, and assigns from any and all
liability, actions, claims, losses, damages or other costs including attorney's fees
and witness costs (at both trial and appeal level, whether or not a trial or appeal
ever takes place) that may be asserted by any person or entity, arising from, any
and all claims of infringement or copyright in connection with Art, or arising out
of the transfer, installation, removal of the Art orthe terms of this Agreement. If
any aspect of this indemnity shall be found to be illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this indemnification.
g. The terms of the Solicitation documents, are incorporated herein by this
reference. In the event of any conflict between the terms of the Solicitation
documents and this Agreement, the terms of this Agreement shall control.
4. The parties agree that their authorized representatives have the ability and the
competence to make this Agreement and are doing so freely and of their own will.
5. This term of this Agreement shall commence upon execution by both City and Artist
and shall terminate upon the earlier of the following: (1) the revocation of the license /
permission to place or display public art on city property in the sole discretion of the City;
(2) such time as mutually agreed to by the parties. The releases and other covenants of this
Agreement survive the termination date in the event of a dispute or claim against the City.
6. This Agreement constitutes the entire Agreement between the parties on the subject
matter hereof. There are no understandings, agreements or representations, oral or
written, not specified regarding this Agreement.
7. No waiver, consent, modification or change in terms of this Agreement shall bind
either party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be effective only
in the specific instance and for the specific purpose given. The failure of any party to
enforce any provision of this Agreement shall not constitute a waiver by the party of any
other provision.
8. If any provision of this Agreement is held by a Court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement shall
remain in full force and effect unimpaired by the holding.
9. This Agreement and all matters relating to this Agreement shall be govenied by the
laws of the State of Oregon in force and effect at the time any need for interpretation of this
Agreement or any decision or holding concerning this Agreement arises. The parties to this
Agreement do not intend to confer any third party rights under this Agreement.
10. This Agreement is binding upon the heirs, representatives and assigns of the parties
hereto. .
In witness whereof, the parties hereto have caused this instrument to be executed in two
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108 5th St. Apt. #9
Ashland, OR 97520
Date
APPROVED AS TO FORM
Megan T Drnton
Acting Attorney