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ARTBOX ARCHIVES �rk Ckri. �p�rchidel ONIVERSAL® UNV-12113 MADE IN USA SUSTAINABU: .N ..R Cy,,M FORESTRY COMENI IO% INITIATNE CeMfi�dhberSDurcinp POSTZONSUMER vn mpramm arg orp � 31DI2N1 lc,pmetit MEMORANDUM TO: Members of the Salem Redevelopment Authority FROM: Tom Daniel, Economic Development Manager llkb SUBJECT: Utility Box Public Art Project Demonstration Project DATE: April 29, 2010 CC: Lynn G. Duncan, Executive Director David Pelletier has proposed a public art project for downtown Salem in which utility boxes serve as the canvas for painted artwork. Utilization of utility boxes in this fashion has been done in numerous locations around the world including Boston, Stamford, CT, New York, San Diego, Berlin, and Brisbane. Although administered differently in each community, the programs have proven to be very successful in engaging artists with the community and beautifying the urbanscape. At this time, Mr. Pelletier is proposing a demonstration project using one City- owned utility box in Lappin Park. Steve Feldmann, owner of the Gulu-Gulu Cafe, has agreed to fund the artist and manage the completion of the project. Mr. Pelletier envisions building from this demonstration project in future years. Attached is an overview of the Brisbane, Australia program and photographs from Brisbane and Stamford, CT. The request before the SRA is to endorse the program conceptually. Staff recommends the SRA then direct the artists' proposals be reviewed by the DRB. I i F i I Traffic boxes as an art medium Examples from Stamford, CT and Brisbane Australia To be proposed for the City of Salem, by David Pelletier Expand visitor entertainment opportunities with public art Use the unattractive surfaces of traffic and telephone control boxes Invite artists to contribute their creativity All entries must be preapproved for locations Themes can be historic, environmental, or just plain sheer creative art Very successful in Brisbane and Stamford Wide input should be desired to attract the best talent '••�:i • tt i •• • •• � is . 1�r: '.cw if� ' ia, -• 9 , � �� i� :: - :� � .� �.. 3. w.F' .�4► � fi'� l: e 'P . -=.y ti— - rry r-. i / ' � ) • • f� � it r �� ' � e��. Y Y �' ,��' YYY .r s1, �. �. r � � i � �� ; .�� "" ."La : : it ' i. �� i -�� .'` �, � } '� *' � �' 1.. ,.f .. � + l `t�. •� ' �� '4 �- � ,� • i � R d. i f; z w ,r. - ,r. a r"1Gi'w Rte•=_ :<�- .: `. R` Y , , r► • J F1�7� Y� I t r AIL V ox t ; Khi � �It. ► • z dhttp://www.nytimes.com/2006/11/25/nyregion/25signal.html?hp&ex=1164517 200&en=7993017c1147f293&ei=5094&partner=homepage http://svc189.bne146v.server- web.com/artforce/search.asp?submitted=yes&title=painted These are the rules for Brisbane, Austrailia Painting a Traffic Signal Box Who can participate? What steps are involved? Choosing a TSB Designing your TSB What designs are eligible? Check list of what to submit What equipment do I need to paint a TSB? How long do artworks last? Artforce awards What about Copyright Contact us Who can participate? Anyone can apply to paint a Traffic Sign Box (TSB). Families, professional or first time artists, school groups, kids or elders can get involved in Artforce. Two essentials for the artist are: You must reside within the City of Brisbane; You must have your design approved by Queensland Urban Ecology. What steps are involved? Choose a TSB. Contact Queensland Urban Ecology and have the TSB allocated to you. Have a look at the position of your TSB to determine how many sides of the TSB you will be able to paint. Create full colour designs of exactly what you want to paint on the TSB and email or post them in. Queensland Urban Ecology will advise you of whether your design has been approved. Once your design is approved you will be nailed an Artist's Agreement which needs to be read, signed and returned. You will then receive an Acceptance Notice and be advised where and when to collect your Artforce Pack. Collect Artforce Pack. Paint your TSB. Return Artforce Pack, submit photos and feedback forms. Celebrate the project and your artwork by attending the annual Artforce Awards event. Choosing a TSB Go to the Artforce website and view available boxes to select a TSB and request that the box be allocated to you. If you do not have Internet access you can contact Queensland Urban Ecology by phone to have a TSB allocated. The TSB will be allocated to you for 1 month to give you time to create and submit your design. If you have not submitted a design within a month the box will become available to another artist. Designing your TSB Your design needs to fit on a TSB. Dimensions of a TSB are: 140 cm high x 80 cm wide x 42 cm deep. You will need to paint all the sides of the TSB that are visible.I Have a look at the box to determine whether you need to design your artwork for 3 or 4 sides of the box. Provide a name for your artwork and briefly describe (30 words or less) the reasons or inspirations behind your design. This information will go onto the Artforce website. Please submit three A4 pages of your full colour design as follows: Front of the TSB - one A4 page Rear of the TSB - one A4 page Sides of the TSB - half an A4 page each Designs can be returned to you if required. Include your signature on your design as you would on the actual TSB. Signatures must not exceed 20 cm x 5 cm in actual size and may include the copyright sign "©" What designs are eligible? Queensland Urban Ecology acknowledges that everyone relates to their community and local surrounds differently. Designs should be postive, original and colourful and reflect at least one of the following: The immediate environment The character or culture of the suburb The history of the area Community pride Creativity Designs should also: Have minimal blank areas of colour to reduce the likelihood of graffiti tagging Should not be predominantly dark in colour as this can cause the TSB to overheat Designs will be ineligible if they involve: A breach of Intellectual Property Rights (somebody else's idea) Trademarks, brand or business names, logos or copyrighted images Images of a potentially offensive or sensitive nature as determined by the project managers Collage or gluing anything onto the T313 Images that resemble illegal graffiti or tags Check list of what to submit: Submit your colour design (3 A4 pages) TSB number Artwork name Artwork background information (30 words or less) Contact details, address, phone number and email address Proof of age (if under 18) Email or post this information to Queensland Urban Ecology What equipment do I need to paint a TSB? Artforce provides approved artists with an Artforce Pack. Each pack contains paint (undercoat and primary colours plus green, white and black), safety vests, witches hats, painting rags and drop sheets. Artists need to provide their own paintbrushes and must comply with safety and environmental guidelines. How long do artworks last? On average, TSB artworks last from 6 months to 4 years. TSBs are Brisbane City Council equipment and may require upgrading or need replacing at any time. There is no guarantee how long your artwork will remain on a TSB. Artforce awards The annual Artforce Award is an all ages celebration. The Awards are held annually in November and showcase Artforce artworks completed in the preceding 12 months. The Awards are judged by independent art authorities. All eligible Artforce participants will receive an invitation to attend. The Awards recognise outstanding artwork in 5 categories with the following cash prizes: Overall Winner - $1000 & Runner up - $500 Under 18 - $300 Under 12 - $250 Best School - $200 Best Organisation - $100 What about copyright? The artist owns the copyright of the artwork on the TSB. However, the artist needs to agree to let Brisbane City Council and Queensland Urban Ecology use the artwork image in any way to promote Ar-f.orce, the City of Brisbane or associated events. Contact us Queensland Urban EcologyEPO Box 405EClayfield QLD 4101 -p: 07 3211 7178 -f: 07 3161 4785 F-e: info @gldue.corr.au 1 1 MEMORANDUM TO: Members of the Salem Redevelopment Authority , ,� FROM: Tom Daniel, Economic Development Manager �/N�� t SUBJECT: Utility Box Public Art Program �„{ilj�DATE: December 7, 2011 t U V L, CC: Lynn G. Duncan, Executive Director In May 2010, the SRA granted conceptual approval for a utility box public art demonstration project in Lappin Park (see attached SRA meeting minutes excerpt). The project was very well received, and there has been interest in building on the success of the demonstration project. With the support of Mayor Driscoll, a group has met to develop a utility box program for 2012. The "Art Box Team' consists of Deborah Greel, Mike Lash, Lilly McCrea, David Pelletier, Michelle Silfer, and me (serving as the City representative). In brief, the utility boxes serve as the canvas for painted artwork. Utilization of utility boxes in this fashion has been done in numerous locations around the world including Boston, Stamford, CT, New York, San Diego, Berlin, and Brisbane. Although administered differently in each community, the programs have proven to be very successful in engaging artists with the community and beautifying the urbanscape. For 2012, the Art Box Team has identified six art box locations (see attached map). These locations have been prioritized because cf their visibility, and they are owned by the City. The six locations are: 1. Northwest corner of Lafayette and New Derby streets (at Fire Department); 2. North side of New Derby Street east of Central Street (below Charter Street Cemetery); 3. Southeast corner of Derby and Congress streets. 4. Southwest corner of Hawthorne Boulevard and Essex Street; 5. North side of Bridge Street east of MBTA stairwell entrance; and 6. Southeast corner of Essex and North streets. The Art Box Team has prepared the attached overview, Salem Art Box Program for 2012. Four of the six initial locations are located within the urban renewal area; however, the Art Box Program is being administered by the City. The request before the SRA is to endorse the program conceptually. SRA Meeting Minutes Excerpt Wednesday May 12 2010 1. Utility Box Public Art Project: Discussion of proposed demonstration project Daniel explains the proposed demonstration project is to see how it might be received by the community and to gauge the overall level of interest in the project. David Pelletier and Steve Feldmann are present to represent the Utility Box Public Art project. Pelletier explains how he has noticed how other communities have transformed their utility boxes from the traditional silver or black and have turr_ed them into a community art project. Pelletier adds the project could potentially expand to promote the city or just be cool art. Pelletier suggests it could be made humorous, amusing, or whimsical and will hopefully get some great art out there. Pelletier explains for the first test box they chose Gulu Gulu's 4'x5' utility box as it is independently owned and they would not need permission from the service provider in this instance. Feldmann states that he is currently in touch with artists and has agreed to fund the demonstration project. Feldmann explains his artist has a lot of different art. Pelletier adds there is also a small rusty sprinkler box that they thought could also be part of the art to act as a sample of what could be done on a smaller scale. Pelletier states they hope they can get this demonstration up and running as soon as poss_ble. Pelletier adds they are before the SRA tonight to see if they could receive permission to move forward as planned. Baldini asks who would have approval of the paintings. Feldmann responds the art would go under the review process. Daniel recommends the SRA grant conceptual approval tonight with the proposed image to go back before the DRB for review and approval. Daniel adds if the art is ready the DRB could review it this month. Mitnik suggests eventually the art project should have some sort of structure. Pelletier agrees. Daniel tells Pelletier and Feldmann to bring in an image to the DRB for the end of the month such as sketches and/or an example of the work. Baldini: Motion to approve, seconded by Mitnik. Passes 3-0. , / Ara 'K {Pr i a,mp h y ?G .ip e �t -�. � WASHINGTON SQUARE r z Heritage Plaza West Heritage Plaza East A r pi 5j- NORM4N 5) npILHEFINGW iN 1 'w�rc r� • 'Sd sEN.ve s _ t yr,�,sri1 I F MI<C SJ' I ' Date Sources 8,Notes: CITY OF SALEM Legend -SRA Boundary and Local Historic Districts derived f-om City yN�oxwr�,ro of Salem Planning Department Records 3Map created by SalemGlS SRA Boundary -Zoning data compiled by SalemGlS&Applied Geocraphics, Inc.,August 2006 d 9 January 8,2008 Local Historic Districts -Parcel and relaladdata compiled by Camp.Dresser&McKee. �� Map No.08-004 1999 and updated annually by SalemGlS �"^�^�`�' Central Development Zoning C 160 360 72J Feet Mayor Hrl err a—� Kimberley Driscoll Parcels 1"=360' 2012 Art Box Locations Salem Art Box Program for 2012 Statement of Purpose In recent years a proliferation of above ground Lighting and Signal control Boxes (LSBs', have sprouted in downtown Salem and in other areas of the city. Their bland, standard presence usually detracts from the setting where they are placed. In the interest of enhancing the visual appeal throughout this great walking city, we would like to propose that artists be invited to help transform these stoic industrial essentials into visual and graphic delights that will provide an entertaining, and stimulating experience to both the pedestrian and other passersby. The City of Salem has identified an initial set of six LSBs it would like to use to initiate this program. If found to be successful, the hope is to continue the program in future years. Selected artists for the 2012 program will receive a $500 stipend. It is anticipated there will be a donor for paint and some supplies. Who can participate? Anyone can apply to paint an LSB, and invitations will be extended to anyone willing to meet the requirements of the RFP. A general invitation to submit proposals will be issued to the public—both amateur and professional artists—as well as art and educatio-ial institutions. At the outset we would like to have the broadest possible reach in hope of acquiring the highest level of talent and imagination for this project. (Participants from art educational institutions may consist of students, faculty and alumni.) A jury will make selection recommendations, and final approval will be made by the City of Salem. What steps are involved? 1. Applicants should review the enclosed materials including the draft Artist's Agreement. 2. Applicants need to mail a complete proposal by the due date of Friday, April 6, 2012. 3. A jury will review the proposals and recommend six artists for the six LSBs. 4. The City of Salem will grant final approval and inform the selected artists. 5. Selected artists will need to sign and return the Artist's Agreement. Other Useful Information • The City will have the LSBs primed and ready at the appropriate time. • The City, in consultation with the selected artists, will assign a specific timeslot for each artist to paint the LSB. The anticipated schedule is one LSB painted per week beginning in June 2012. • The City will provide standards as to the types of paint that are allowed based on durability, fading and ability to hold up in weather. • Selected artists may supply their own materials based on these standards or the City may have a supplier willing to help supply with color sets. Designing the LSB Artists' proposals should be based on the dimensions of the enclosed "Electrical Box Diagram" and should include all sides of the LSB. However, please note the actual box may be a different size and the rear panels on three boxes are not easily accessible. Proposals should include the artist's signature on the design as it would appear on the actual LSB. Signatures must not exceed 2 inches x 8 inches in actual size and may include the copyright sign "©" with the date. All submitted designs become the property of the City of Salem. What designs are eligible? Salem acknowledges that everyone relates to their creative forces differently as well as their respective art influences, media, etc. The first priority is that the boxes become high quality artworks that enliven the public realm. This can come in many forms and styles. Designs should be positive, original and colorful and can reflect at least one of the following: • The immediate environment; • The character or culture of the city of Salem; • The history of the area; • Community pride; • Creativity. Designs should be designed to last a minimum of two years. However, LSBs are public property equipment and may require upgrading or need replacing at any time. There is no guarantee of how long the artwork will remain on an LSB. The City has the right to move, remove, or destroy the artwork at any time. Designs will be ineligible if they involve: • A breach of intellectual property rights (somebody else's idea); • Trademarks, brand or business names, logos or copyrighted images; • Anything that is harmful to a third party; • Collage or gluing anything onto the box without submitting the idea first for approval. What about copyright? The artist owns the copyright of the artwork created for the LSB and may use it for portfolio purposes but not commercial purposes for a period of two (2) years. However, the City of Salem may enter into an additional agreement with the artist if commercial products are produced by the City of Salem or the Art Box Program. The artist further agrees to allow the City of Salem use the artwork image in any noncommercial way, to promote the Art Box Program and the City of Salem, or associated events. The Art Box Program and the City agree to use all images in a professional manner and will label all 2 images with the artist's name attached. In addition, the City reserves the rights to make and use promotional footage collected for television, web publication, and other media outlets. Submission Checklist Only complete submissions will be reviewed by the jury and must be postmarked by the submission deadline of Friday, April 6, 2012. Please submit the following: 1. Contact Information Artist name, mailing address, e-mail address, and telephone number. 2. Drawing The proposal should be based on the dimensions of the enclosed "Electrical Box Diagram" and should include all sides of the LSB. Include the artist's signature on the design. All submitted designs become the property of the City of Salem. 3. Artwork Information Name for the artwork and brief description (3C words or less) of the reasons or inspirations behind the design. (This information will be used for publicity about the program.) 4. Availability Please indicate any week(s) between June 1, 2012 and July 27, 2012 that you would be unavailable to paint the art box. Mail the Submission Mail one printed version of the complete submission to: Tom Daniel City of Salem 120 Washington Street Salem, MA 01970 Questions? Please submit any questions to artbox _salem.com. 3 SRA November 17, 2011 Page 1 of 4 City of Salem Massachusetts Public Meeting Minutes—DRAFT Board or Committee: Redevelopment Authority,Regular Meeting Date and Time: Thursday November 17,2011 at 5:30pm Meeting Location: Third Floor Conference Room, 120 Washington Street Members Present: Chairperson Robert Mitnik,Robert Curran, Matthew Veno,Russell Vickers Members Absent: Conrad Baldini Others Present: Executive Director and City Planner Lynn Duncan,Tom Daniel Recorder: Sarah Brophy Chairperson Robert Mitnik calls the meeting to order. Roll call was taken. Annual Meetine 1. Annual Report and Financial Report–Executive Director Duncan clarified that the annual and fiscal reports being presented are for fiscal year 2011. She highlighted key projects from the past year. - Salem Downtown Renewal Plan Update: The work on updating the urban renewal plan has been ongoing for 8-9 months and the Draft Plan is now complete. The City Council public hearing follows the SRA meeting. If approved, the plan will be valid for 30 years. - Old Town Hall: For the past several years, Old Town Hall has been under the management of Gordon College. This summer, Gordon College opened the museum of Salem history. - Parking Management: Most of the recommendations in the Parking Management Study were adopted. Tom Daniel continues to work on the retails of the plan implementation.The plan will be implemented in fiscal year 2012. - Design Review: The SRA continues to review designs for store fronts, outdoor cafes and signage. - Public forums (4) on the Essex Street Pedestrian Mall: Public forums have looked at design improvements to the mall that do not preclude sharing the mall with vehicles to a greater degree. The City continues to apply for funding for those design improvements. During fiscal year 2011 there was a consistent financial balance. However, this balance does not include the SRA's contribution to the urban renewal plan. The SRA committed $15,000. The balance going forward will be$5,000. SRA November 17, 2011 Page 2 of 4 Veno: Motion to approve the Annual Report and Financial Report, seconded by Vickers. Passes 4-0. 2. Election of Officers - Chairman Vickers nominated Mitnik for Chairman. Vickers: Motion to approve, seconded by Curran. Passes 3-0. - Vice Chairman Mitnik nominated Vickers for Vice Chairman. Mitnik: Motion to approve, seconded by Veno. Passes 3-0. - Treasurer Vickers nominated Veno for Treasurer. Vickers: Motion to approve, seconded by Curran. Passes 3-0. 3. Approval of 2011 Meeting Schedule Vickers: Motion to approve, seconded by Curran. Passes 4-0. 4. Adjournment Curran: Motion to approve, seconded by Vickers. Passes 4-0. Regular Meeting Executive Director's Report Duncan indicated that there is no Executive Director's Report in addition to what was reviewed during the annual meeting. Old/New Business Small Project Review 1. Urban Renewal Plan: Discussion and vote to approve Salem Downtown Renewal Plan Duncan provided a brief summary to the group regarding proposed amendments to the October 27, 2011 Plan. Amendments included the following: SRA November 17, 2011 Page 3 of 4 • Modifications to the boundaries of the plan. The green space in front of the Old Salem Jail has been eliminated, and the boundaries will be extended to include the adjacent rights of way. • Correction of the effective date in the Executive Summary. The new effective date is contingent on the DHCD approval date. • Changes regarding design criteria and standards. Modifications clarify what guide:ines are to be used. This was a great opportunity to pull all design guidelines together. • The land use plan has been updated and the narrative has been revised to correspond. • Document has been structured so that it is clear that the SRA cannot over rule zoning. • Some corrections were simply grammatical and rewording to make the document read better. Mitnik: Motion to approve the Salem Downtown Renewal Plan dated October 27, 2011 with amendments referred to in the November 15, 2011 letter from the Mayor to the City Council and with amendments to the section National Register Historic Districts and Landmarks as presented at tonight's SRA meeting, as a major plan change, which consolidates and updates both the Heritage Plaza East Urban Renewal Plan and the Heritage Plaza West Urban Renewal Plan and includes all associated and previously approved amendments of those plans. Seconded by Vickers. Passes 4-0. Sign,Awnine,and Liehtine Review 1. 128 Washington Street (Cafe Kushco): Discussion and vote on proposed exterior improvements and signage The board reviews a submission which includes images of proposed signage—two wall signs and one blade sign. Daniel summarized the changes being proposed by Cafe Kushco and the recommendations proposed by the DRB. Veno noted that the word sandwich is not spelled correctly. Curran: Motion to approve as recommended by the DRB, seconded by Vickers. Passes 4- 0. 2. 72 Washington Street(Salem Cycle): Discussion and vote on proposed portable sign The board reviews a submission, which includes images of proposed sign. Daniel reviewed the proposal before the SRA. Salem Cycle is looking to update the A-Frame and has incorporated the DRB comments into the revised design. SRA November 17, 2011 Page 4 of 4 Vickers: Motion to approve as recommended by the DRB, seconded by Veno. Passes 4-0. 3. 322 Derby Street(Rouge): Discussion and vote on proposed portable sign The board reviews a submission, which includes images of proposed sign. Daniel noted that the applicant was looking to have the existing A-Frame sign approved. While meeting with the DRB, suggestions were made to incorporate Rouge's logo as a permanent element on the A-Frame. Curran commented that this is the fust application before the group that has hand written text on the sign. Veno questioned if there are guidelines regarding the handwritten elements. Daniel stated that there are guidelines for permanent elements, but there are no regulations regarding what is hand written. Duncan stated that temporary signage is much more flexible than permanent signage. Veno: Motion to approve as recommended by the DRB, seconded by Vickers. Passes 4-0. Minutes Veno: Motion to approve, seconded by Curran. Passes 4-0. Adjournment Veno: Motion to adjourn, seconded by Curran. Passes 4-0. Meeting is adjourned at 6:14 pm. Salem Redevelopment Authority Design Review Board Proposal May 26, 2010 Utility Box Public Art Project: Discussion of proposed demonstration project Background David Pelletier has proposed a public art project for downtown Salem in which utility boxes serve as the canvas for painted artwork. Utilization of utility boxes in this fashion has been done in numerous locations around the world including Boston, Stamford, CT, New York, San Diego, Berlin, and Brisbane. Although administered differently in each community, the programs have proven to be very successful in engaging artists with the community and beautifying the urbanscape. At this time, Mr. Pelletier is proposing a demonstration project using two City- owned utility boxes in Lappin Park. Steve Feldmann, owner of the Gulu-Gulu Cafe, has agreed to fund the artists and manage the completion of the project. Mr. Pelletier envisions building from this demonstration project in future years. Past SRA/DRB Actions At its meeting on Mary 12, 2010, the SRA granted conceptual approval to the demonstration project and directed the applicant to bring the proposed images to the DRB for review and approval. Steven Feldmann Gulu-Gulu Cafe 247 Essex St Salem MA 01970 May 20, 2010 Salem Design Review Board 120 Washington St Salem MA 01970 Dear Sirs, Recently the SRA approved a demonstration for a public art project to be conducted in Salem's downtown. This project is based on several other public art projects that have successfully been implemented throughout urban areas in the USA and throughout Europe. This demonstration is being paid with private funds by the Gulu-Gulu Cafe. This traffic box art program is designed to enhance Salem's downtown by adding works of art to the downtown streetscape on surfaces that are often targeted by graffiti vandals. This artwork will function as a form of communication to a moving audience with the goal of creating a safe, inclusive and interesting urban environment. The two areas that the SRA approved to be painted are located directly in front of the Gulu- Gulu Cafe at 247 Essex St in Salem. I have hired Montserrat alumni Greg Orfanos to design, and if approved by the DRB, implement the art piece. Thank you for your consideration. Steven M. Feldmann Appendix A Please use this utility box template to illustrate your design proposal in color.Sketches must be submitted electronically or on standard 8 1/2"x 11"paper. t n.b.The dimensions of the template do not accurately represent all utility box dimensions;therefore,the f proposed design must be adjustable. j z a 44 OI e i a � V �p i b� 4 4 C L 0 1` n x v m � x Mayor's Office of Arts, Tourism and Special Events Appendix A Please use this utility box template to illustrate your design proposal in color.Sketches must be submitted 77- electronically or on standard 8 1/2"x 11"paper. n.b.The dimensions of the template do not accurately represent all utility box dimensions;therefore,theC proposed design must be adjustable. NEI V) O O C. � i F O 1 • O • a 4 Cr i b er _C S d X 0 -tea d Q C 0 i x U yY� Ic \ r 0 / y 2 m f: G CL A Mayor's Office of Arts,Tourism and Special Events HOS"fON CITY HALL•ONE CITY HALL PLAZA•BWTON•MASSACUSETTS 02201 •617/633.3911 •Fax 617/631-4428 r'.. _ e � laic . , : •-. .• " _„y,. . .a; Utility Box Program Dt Timeline L - Tuesday, February 1: RFP issued . C6 I" - Friday, April 6: Responses due - Thursday, April 12, 10:00 AM F �� v)&err &l^ +AA11L Press Releases U - February 1: full press release (include name of jurors) (Lilly) - March 6: one month left - March 29: one week left Jurors - Lynn Duncan, City of Salem, confirmed (Tom) - Chris Frantz and Tina Weymouth, Tom Tom Club (invited) (David) - Ellen Hardy, Salem Arts Association (Tom) - Trevor Smith, PEM (invited) (Mike) - Steven Zavitas, New American Paintings, Steven Zavitas Gallery Boston (Mike) Supporters - Waters and Brown: paint and supplies o Waters and Brown Letter (David) - Gorilla Printing: tent o Gorilla Printing Letter (Mike) RFP elements - cover letter from Mayor (David) - overview (revision completed) (Tom) - map (Tom) - photos of boxes (Tom) - electrical box diagram fold up version (to be finalized) (Tom) - draft artist contract (revision completed) Tom Other Jennifer Bell meeting invitation (Tom) Insurance alternative (Tom) Letter to arts institutions (David) Email account (Tom) ArtBox Salem's utility box painting program Call for Artists Get your art viewed by one million people annually and receive a $500 stipend— submit a proposal to ArtBox 2012! Statement of Purpose Although a small community of 42,000 people, Salem, Massachusetts is rich in art, culture, and history. Its residents are passionate about their hometown and graciously welcome one million visitors each year. In fact, Salem is the second most visited place in Massachusetts. In recent years a proliferation of above ground Lighting and Signal control Boxes (LSBs) has sprouted in downtown Salem and in other areas of the city. Their bland, standard presence usually detracts from the setting where they are placed. In the interest of enhancing the visual experience for residents and visitors in this great walking city, the City of Salem is inviting artists to help transform these stoic industrial essentials into visual and graphic delights that will provide an entertaining and stimulating experience to passersby. The City has identified an initial set of six LSBs (out of 30) it would like to use to initiate this program. If found to be successful, the hope is to continue the program in future years. Selected artists for the 2012 program will receive a $500 stipend. Who can participate? Anyone can apply to paint an LSB, and invitations will be extended to anyone willing to meet the requirements of this call for artists. A general invitation to submit proposals is being issued to the public—both amateur and professional artists—as well as art and educational institutions. We would like to have the broadest possible reach in hope of acquiring the highest level of talent and imagination for this project. (Participants from art educational institutions may consist of students, faculty and alumni.) A jury will make selection recommendations, and final approval will be made by the City of Salem. The jurors are: • Lynn Duncan, City Planner, City of Salem • Chris Frantz, Co-Founder and Drummer, Tom Tom Club • Ellen Hardy, President, Salem Arts Association • Steven Zevitas, President and Publisher, New American Paintings; and Owner, Steven Zevitas Gallery (Boston) Artists' Proposals Artists' proposals should be based on the dimensions of the enclosed "Electrical Box Diagram" and should include all sides of the LSB. However, please note the actual box may be a different size and the rear panels on three boxes are not easily accessible (or visible). Boxes will be assigned by the City of Salem. Proposals should include the artist's signature on the proposal as it would appear on the actual LSB. Signatures must not exceed 2 inches x S inches in actual size and may include the copyright sign "©"with the date. All submitted proposals become the property of the City of Salem. What proposals are eligible? The City acknowledges that everyone relates to their creative forces differently as well as their respective art influences, media, etc. The first priority is that the boxes become high quality artworks that enliven the public realm. This can come in many forms and styles. Proposals should be positive, original and colorful and may (but are not required to) reflect the following: • The immediate environment; • The character or culture of the city of Salem; • The history of the area; • Community pride; • Creativity. Proposals should be designed to last a minimum of two years. However, LSBs are public property equipment and may require upgrading or need replacing at any time. There is no guarantee of how long the artwork will remain on an LSB. The City has the right to move, remove, or destroy the artwork at any time. Proposals will be ineligible if they involve: • A breach of intellectual property rights (i.e., somebody else's idea); • Trademarks, brand or business names, logos or copyrighted images; • Anything that is harmful to a third party; • Collage or gluing anything onto the box. What about copyright? The artist owns the copyright of the artwork created for the LSB and may use it for portfolio purposes but not commercial purposes for a period of two (2) years. However, the City of Salem may enter into an additional agreement with the artist if commercial products are produced by the City of Salem or the ArtBox Program. The artist further agrees to allow the City of Salem use the artwork image in any noncommercial way, to promote the ArtBox Program and the City of Salem, or associated events. The ArtBox Program and the City agree to use all images in a professional manner and will label all images with the artist's name attached. In addition, the City reserves the rights to make and use promotional footage collected for television, web publication, and other media outlets. 2 What steps are involved? 1. Applicants should review the enclosed materials including the draft Artist Contract. 2. Applicants need to mail or deliver a complete proposal so it is received by noon on Friday, April 6, 2012. Late submissions will not be reviewed. 3. The jury will review the proposals and recommend six artists for the six LSBs. 4. The City of Salem will grant final approval and inform the selected artists. 5. Selected artists will need to sign and return the Artist Contract. Other Useful Information • The City will have the LSBs primed and ready at the appropriate time. • The City, in consultation with the selected artists, will assign a specific timeslot for each artist to paint the LSB. The anticipated schedule is one LSB painted per week beginning in June 2012. (As part of the submission, please indicate your availability—see checklist item 4 below.) • The City will provide standards as to the types of paint that are allowed based on durability, fading and ability to hold up in weather. • Selected artists may supply their own materials based on these standards or use the City- supplied color sets. Submission Checklist Only complete submissions will be reviewed by the jury and must be received by noon on Friday, April 6, 2012. Late submissions will not be reviewed. Please submit the following: ❑ 1. Contact Information Artist name, mailing address, e-mail address, and telephone number. ❑ 2. Drawing The proposal should be submitted on the enclosed "Electrical Box Diagram' and should include all sides of the LSB. Include the artist's signature on the proposal. All submitted proposals become the property of the City of Salem. ❑ 3. Artwork Information Name for the artwork and brief description (50 words or less) of the reasons or inspirations behind the proposal. (This information will be used for publicity about the program.) ❑ 4. Availability Please indicate any week(s) between June 1, 2012 and July 27, 2012 that you would be unavailable to paint the utility box. Mail or Deliver the Submission Mail one printed version of the complete submission to: ArtBox 2012 is made possible by the Tom Daniel, City of Salem City of Salem with support 120 Washington Street, 3`' Floor from Waters & Brown Salem, MA 01970 Paint& Decorating and Gorilla Printing. Or deliver the submission to the address above before noon on Friday, April 6, 2012. Questions? Please submit any questions to artbox(asalem.com. 3 Electrical Box Diagram Remember to include all sides in your proposal. If you would like to see the box in 3D, cut along the exterior lines and fold down the interior lines. Note: The actual box may be a different size and the rear panels on three boxes are not easily accessible (or visible). 1 24" top 1 0 ^ Q � 36" back 0 4 24" side a 36" front 0 0 24" side t ��i �l h. Vii. I p _ �, w e t ioroe sow►ae Her tag i Plaza West �p Henta'ge P1' Eas:tlw^ 2 i f McINTIRE, „� �f t� �' I y Data Sources&Notes: CITY O F SALEM Legend -SRA Boundary and Local Historic Districts derived from City �ow�rva,y of Salem Planning Department Reeoods .Y 3 Map created by SalemGlS SRA Boundary -Zoning data compiled try SalemGlS&Applied Geographies. Parcell and ne008 January 6,2008 Map No 08-004 Local Historic Districts -Parcel and datetltl nn compiled try tl by Camp,Dresser 8 McKee. � 1998 arnf updated annually M SalemGlS Central Development Zoning Mayor 0 180 360 720 Feet Kimberley Driscoll Parcels 1'=36V 2012 Art Box Locations Location 1. Northwest corner of Lafayette and New Derby streets (at Fire Department) Location 2. North side of New Derby Street east of Central Street (below Charter Street Cemetery) y I V.' Location 3. Southeast corner of Derby and Congress streets �j _,i jI F Y .rbFW" 1'4 Location 4. Southwest corner of Hawthorne Boulevard and Essex Street w; 7 r � , Location 5. North . • of Bridge Street east of MBTA stairwell entrance J Location 6. Southeast corner of Essex and North streets. i r - ARTIST CONTRACT ArtBox 2012 Salem Utility Box Painting Program This Agreement between the City of Salem, ("the City"), and (the"Artist") is for the painting of the Artist's design submitted as part of ArtBox 2012. Section 1. The Artist 1.01 The Artist agrees to paint the design known as (the "Artwork") submitted as part of ArtBox 2012. The Artist shall paint the Artwork on the utility box located at . The Artist agrees to commence painting on or around 2012,and complete painting by , 2012. The Artist shall perform all services and furnish all supplies and materials necessary for painting the Artwork at the designated location. 1.02 The Artist warrants,represents and covenants that: a. The Artwork is a unique and original product of the Artist's creative efforts. b. No alterations to the landscape will be allow-.d without the consent of the City. c. The Artist shall be responsible for all loss or damage to the site and improvements thereon caused by the Artist's services during the performance of this Agreement. d. The Artist shall defend, indemnify,keep and hold harmless,the City and its agents, officials and employees against all suits, claims,damages, losses and expenses, including attorneys' fees, caused by,growing out of,or incidental to, the performance of this Agreement by the Artist or subcontractors of the Artist if any,to the full extent allowed by the law and not beyond any extent which would rendered these provisions void or unenforceable. e. The Artist shall retain at all times all rights granted under all applicable copyright laws and all other reproduction rights in and to the Artwork,subject however, to such rights as are granted to the City pursuant to Section 2.01 herein. 1.03 The Artist owns the copyright of the Artwork and may use it for portfolio purposes but not commercial purposes for a period of two(2)years. However,the City may enter into an additional agreement with the Artist if commercial products are produced by the City or the ArtBox Program. Section 2. The City 2.01 Notwithstanding the provisions of Sections 1.02 and 1.03 above, the Artist grants an irrevocable license to the City to make photographs of the Artwork which photographs may be utilized solely in advertising,catalogues, brochures,programs and media publicity and for other non-commercial purposes; such license includes the right of the City to utilize such photographs in the City's catalogues and other similar publications, which right the City agrees to exercise in a tasteful and professional manner consistent with the reputation and professional standing of the Artist; such license also includes the right of the City to make and use promotional footage collected for television,web publication, and other media outlets. It is understood that any use by the City of a photographic image of the Artwork will contain an appropriate credit to the Artist, copyright notice in statutory form setting forth the Artist's name and the date of the publication of the Artwork. 2.02 The City has the right to move, remove, or destroy the Artwork at any time. Section 3. Release 3.01 For and in consideration of the foregoing mutual promises and obligations,and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Artist, the Artist does hereby and by these presents for itself, its predecessors and successors in interest, officers directors, shareholders, employees and agents, and for anyone claiming by or through or under the Artist, fully remise, release, acquit, and forever release and discharge the City from any and all claims or damages of any kind whatsoever relative to any damage or destruction, whether occurring naturally or manmade, of the Artwork being exhibited or to be exhibited by the Artist. Section 4. Compensation 4.01 The City shall pay the Artist$100.00 upon full execution of this Agreement. The City shall pay the remaining$400.00 within two weeks of completion of the Artwork. Section 5. Termination 5.01 The City may terminate this Agreement: a. Upon five(5)days' written notice to the Artist if the termination is without fault on the Artist's part. The City shall not be required to make any further payment. b. If the Artist fails, refuses or is unable to execute the Artwork for any reason with such diligence to allow timely completion in accordance with the Agreement, the City shall give the Artist written notice of its intention to terminate. Unless satisfactory arrangements to the City are made within five(5)business days, the City may terminate the Agreement without any further payment. In addition,within fifteen(15) days of termination of the Agreement,the Artist shall refund to the City any payments made to the Artist. Section 6. Miscellaneous 6.01 This document shall not be construed more strictly against the party who itself or through its agent prepared the document. 6.02 This agreement may be executed in separate counterparts. 6.03 Failure of any party to insist upon compliance with any provision hereof shall not constitute a waiver of the rights of such party to subsequently insist upon compliance with that provision or any other provision of this agreement. 6.04 This agreement contains the entire agreement between the parties hereto.No agent, representative or officer of the parties hereto has any authority to make, or has made, any statements, agreements, or representations,either oral or in writing,express or implied, modifying,adding to,or changing the terms and conditions hereof,and none of the parties has relied upon any representations not set forth in this agreement.No dealings 2 between the parties or custom shall be permitted to contradict,add to, or modify the terms hereof.No waiver or amendment to the provisions hereof shall be effective unless in writing and signed by all parties. Executed as of the dates set forth below. Artist signature: Printed name of Artist: Address: Date: SSN/Taxpayer ID: City of Salem,MA By: Print Name: As its: Address: Date: 3 Did you remember to include the following? ❑ 1. Contact Information Artist name, mailing address, e-mail address, and telephone number. ❑ 2. Drawing The proposal should be submitted on the enclosed "Electrical Box Diagram" and should include all sides of the LSB. Include the artist's signature on the proposal. All submitted proposals become the property of the City of Salem. ❑ 3. Artwork Information Name for the artwork and brief description (50 words or less) of the reasons or inspirations behind the proposal. (This information will be used for publicity about the program.) ❑ 4. Availability Please indicate any week(s) between June 1, 2012 and July 27, 2012 that you would be unavailable to paint the utility box. Friday,Your proposal must be received by • • 2012. Late submissions will not be reviewed Mail one printed version of the complete submission to: Tom Daniel City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 Or deliver the submission to the address above before noon on Friday, April 6, 2012. IIIPi� I!PiiVi 4V9P, --- 17�.T7 "wr j r TA, IT IT, 511 IT IT IT; j TT L P!1 -IL J]"P Y"T- Aft 14 .2T_, TIl 10. TII� It, V1. if t_2 Eyesore to art: SAB Bland to beautiful Salem Street Art Paint the Town Paint-a-box StPo s (Elec Beau box Street gallery TransformArt Art Box Out of the Box Art of the Box An on the Box i Sample: Invitation from Mayor?? The City of Salem would like to invite members of your institution: Student, Faculty or Alumni to submit and create a unique visual presence for our historic City's outside environment. Salem is the 2nd most visited city in New England and being able to display the creativity and talent of your artists can be a nice outlet for their work to be viewed by hundreds of thousand's ever year. We will send you a package delineating the process for helping us to create via your talented artists an outdoor art project based on painting our electrical and traffic signal boxes, located throughout the City. The City will provide a stipend and limited costs for materials.You will also receive a set of guidelines and the intimal locations that we would like to have included in the first year's go around. Our staff will be available for any on-site visits that you would like to make to inspect the environment of the piece. The artist/institution will retain all creative rights to the art piece for the duration that it survives in the outdoor environment. Please respond to: / SLI City-Owned Utility Boxes on David's Priority List 1. Central/Derby: Fire Headquarters 2. Hawthorne/Essex 3. Derby/Charter Cemetery 4. Essex/North 5. Derby/Congress The box at Front and Central is owned by NYNEX (part of Verizon). I don't know who owns the other two on David's list. Other City-Owned Utility Boxes on David's List 1. Washington Street by entrance to the MBTA stairwell 2. Bridge Street at the Jefferson Apartments (beginning of Bridge Street) 3. By Pass Road outbound at the Jefferson Apartments 4. Riley Plaza West (southwest corner opposite Life Bridge shelter) 5. Summer and Gedney Street 6. Lafayette and Washington Street in Lafayette Park 7. Lafayette and West Avenue 8. Bridge and Webb Street 9. Highland and Jackson Street 10.North and Dearborn street 11.North and Mason Street 12.Boston and Proctor Street CA �A4 + pMaa �o� P I13 LAN Salem Traffic Signal and/or Telecommunications Box Art Program Who can participate? We would initially like to extend a formal offer to established Art educational institutions and make it open to students, faculty and alumni. But: Anyone can apply to paint a Traffic Signal or Telecommunications Box (TSB). Two essentials for the artist are: Invitations may be extended anyone willing to meet the qualifications You must have your design approved by the City of Salem. What steps are involved? The City has selected certain TSB's for part of the initial exhibit. You will be invited to submit your concept for how you would like to paint your TSB Contact City of Salem and have the TSB allocated to you. Have a look at the position of your TSB to determine how many sides of the TSB you will be able to paint. Create full color designs of exactly what you want to paint on the TSB and email or post them in. The City of Salem will advise you of whether your design has been approved. Once your design is approved you will be mailed an Artist's Agreement, which needs to be read, signed and returned. You will then receive an Acceptance Notice and be advised where and how to receive your stipend and art supplies, if needed. Collect your Design Pack. (A design kit) Paint your TSB. Return Design Kit, submit photos and feedback forms. Choosing a TSB Go to the Salem.com website and view available boxes to select a TSB and request that the box be allocated to you. This will be the TSB that is assigned for your submission. If you do not have Internet access you can contact City of Salem by phone to have a TSB allocated. The TSB will be allocated to you for 1 month to give you time to create and submit your design. If you have not submitted a design within a month the box will become available to another artist. Designing your TSB r Your design needs to fit on a TSB. Dimensions may vary. You will need to paint all the sides of the TSB that are visible. Have a look at the box to determine whether you need to design your artwork for 3 or 4 sides of the box and the top. Provide a name for your artwork and briefly describe (30 words or less) the reasons or inspirations behind your design. This information will go onto the Box Design website. Please submit three Letter size pages of your full color design as follows: Front of the TSB - one Letter size page Rear of the TSB - one Letter size page Sides of the TSB - half an Letter size page each Top of the TSB- one Letter size page Designs can be returned to you if required. Include your signature on your design as you would on the actual TSB. Signatures must not exceed 20 cm x 5 cm in actual size and may include the copyright sign "©" What designs are eligible? Salem acknowledges that everyone relates to their community and local surrounds differently as well as the respective art influences, mediums, etc. The first priority is that the boxes become ART. This can come in many forms and styles. We are open to all within the bounds of community taste. Should the design be more community oriented then: Designs should be positive, original and colorful and can reflect at least one of the following: o The immediate environment o The character or culture of the suburb o The history of the area o Community pride o Creativity Designs should also: Have minimal blank areas of color to reduce the likelihood of graffiti tagging Designs will be ineligible if they involve: A breach of Intellectual Property Rights (somebody else's idea) Trademarks, brand or business names, logos or copyrighted images Images of a potentially offensive or sensitive nature as determined by the project managers Collage or gluing anything onto the TSB with out submitting the idea first for approval Images that resemble illegal graffiti or tags Check list of what to submit: Submit your color design (41_etter size pages) TSB number Artwork name Artwork background information (30 words or less) Contact details, address, phone number and email address Proof of age (if under 18) Email or post this information to City of Salem What equipment do I need to paint a TSB? Box Design provides approved artists with a Box Design Pack. Each pack contains paint (undercoat and primary colors), safety vests, witches hats, painting rags and drop sheets. Artists need to provide their own paintbrushes and must comply with safety and environmental guidelines. How long do artworks last? On average, TSB artworks last fro6 mont to 4 years. TSBs are public property equipment and may require upgrading or need replacing at any time. There is no guarantee how long your artwork will remain on a TSB. What about copyright? The artist owns the copyright of the artwork on th SB and may use it for commercial and portfolio purposes. However, t artist needs to agree to let the City of Salem use the artwork image in any way o promote Box Design, the City of Salem or associated events. Contact us: � Electrical Box Diagram -Please note- Drawings are not drawn to specific box dimensions but are for jurying purposes only. The box you may be painting may be a different size. FRONT D 36 Electrical Box Diagram -Please note- Drawings are not drawn to specific box dimensions but are for jurying purposes only. The box you may be painting may be a different size. 60 „ Electrical Box Diagram -Please note- Drawings are not drawn to specific box dimensions but are for jurying purposes only. The box you may be painting may be a different size. TO P E J� Electrical Box Diagram -Please note- Drawings are not drawn to specific box dimensions but are for jurying purposes only. The box you may be painting may be a different size. BACK II i 9 i �-- 36 I Derby Congress Essex/North r : \: � > y ( ^ { ~ 3 - ° - Front/Central » C \.« n e\Derb Boston recruits local artists to help ward off graffiti - The Boston Globe Page 1 of 2 1-705ton con THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING Painting outside the box Thr 160ston010br Boston commissions street art to adorn appearance, ward off graffiti By Geoff Edgers, Globe Staff I October 15, 2009 The blue lights were flashing as the Boston Police car approached the traffic island in Copley Square. Chrstos Hamawi, standing by with his brushes and paints,didn't panic. He reached for his permit. He didn't just have permission from the city to paint the gray electrical box outside the Westin Hotel. He had been hired for the job. Hamawi, 36, is one of about two dozen local artists brought in by the Boston Arts Commission as part of its PaintBox program. Modeled after similar efforts in Cambridge, Somerville,and other cities, the program started slowly last year with 13 boxes but has expanded to more than 40. "The idea is that it would deter graffiti because these boxes wouldn't be a blank canvas,"said Karin Goodfellow, staff director of the commission. "But I like it not just specifically because of graffiti. My interest is more in getting local artists to create art on the streets they're living." The artists apply with a design. If selected,they're paid $300 for the work.That barely covers materials,w-lich include the paints plus a strong varnish to protect the finished box from the elements. But the artists say they're not doing the job for the money. Clara Diaz, 27, is excited about painting a box later this month at the intersection of Dorchester Avenue and Adams Street. She's lived in Dorchester, off and on, since emigrating from the Dominican Republic at age 9. Diaz will be painting a design centered on a butterfly. "I've lived in this neighborhood for 16 years," she said. "When I leave this neighborhood,which I will, I will have something here. It's like a mark of myself and a gift of my talents." Gary Koeppel, a Roslindale artist, painted a marsh scene on an electrical box at the intersection of Centre and Corey streets in West Roxbury. "It's an opportunity to get out there in the community and get a little bit of publicity for myself,"said Koeppel, 53. "1 put my website on the box and did actually get a call from somebody who was interested in getting me to do a project." For Hamawi, the boxes represent a chance to take his art out of his South End studio and onto the streets. In that spirit, he found his inspiration for the box in the environment outside the Westin. In particular, he took his cue from a weed growing near the base of the box to create a scene with green and yellow grasses and wildflowers. Hamawi has a connection to Shepard Fairey, the artist known for his recent arrest and guilty plea for putting up his art in public spaces without permission. They lived in different units of the same Victorian in Providence in the mid-'90s. Though he says he would never poster without permission, Hamawi declined to criticize Fairey. "He's made his choices and been held accountable, so I'm not going to judge him," he said. On his second day of painting, he showed up on the traffic island with other wildflowers he picked up along the way and put into cups. http://www.boston.com/ae/theater arts/articles/2009/10/15/boston recruits_local_artists_... 10/15/2009 ,Boston recruits local artists to help ward off graffiti -The Boston Globe Page 2 of 2 Painting an electrical box isn't just about showing up with your brushes.To start, Hamawi scrapes any stickers off the surface and then washes the box with soap and water. Next, he applies a thick coat of paint to crease a base. When it's going to rain he has to cover the box with plastic.And he can't use his acrylic paint when the temperature falls below 60 degrees. That made his Copley Square box, the second he's done for the city, his last of the season. He had wanted to paint a third box, outside 607 Boylston St. But the Back Bay Architectural Commission rejected the idea, stating in a letter that"any such decorative painting, however attractive it might be in the abstract, would have the effect of celebrating a utilitarian feature at the aesthetic expense of the architectu-al context." Hamawi wasn't bothered by the rejection. He had plenty of work to do outside the Westin.The job would, in the end, take about six days. He finished up earlier this week. "The big thing for me is to be able to paint in the presence of others and share that process," said Hamawi. On a recent morning,that included people in suits hurrying through Copley Square, college students,and the operator of a sightseeing trolley bus,who shouted out, "Hey Christos, nice job," as he drove a group of tourists through the square. Jason Levy, a 39-year-old attorney, stopped and took in Hamawi's first strokes of yellow and greens. He had already seen another painted box in West Roxbury and praised the program. "You take it for granted you're going to have eyesores in the city but you don't have to,"he said. Geoff Edgers can be reached at gedaers(aalobe.com. ■ ®Copyright 2009 The New York Times Company http://www.boston.com/ae/theater_arts/articles/2009/10/15/boston_recruits_local_artists_... 10/15/2009 Utility Box Painting Programs San Diego, California has two non-profit community organizations (SEDC and Uptown Partnership) implementing Utility Box Painting Programs. These programs support the painting of utility boxes by local artists. The goals of the programs are to promote culture, improve sidewalk aesthetics and discourage vandalism. Local artists are asked to apply to participate and are given the necessary supplies (paint, drop clothes, brushes, etc). Some artists are given stipends. o Artist selections are made through a series of advertising through papers and magazines. Decisions are made through a panel that includes local art teachers and people with an art background. Submittals are posted like an art exhibit and are graded by specified criteria. o SEDC paints about 40 boxes per neighborhood. o Uptown Partnership paints 10. o Neighborhood themes are derived by community opinion and every four blocks a new theme begins. o There are few issues with artists. For SEDC only one of the artists (out of 17) failed to follow through after being chosen. Uptown Partnership had several artists that did not complete the boxes. o Challenges involved include artwork maintenance, coordinating artist schedules, making sure the artwork will translate well from paper to box, and follow up work. o Artwork maintenance required the hiring of a consultant or art intern to touch up paint and wash off any graffiti. o Artists are required to sign a contract agreement, which specifies a time frame and that they must finish the work before they are paid and a Memorandum of Understanding which goes over varies legal necessities such as art licensure. They also fill out a supply order request for their paint, brushes and other necessary supplies and a W-9. o The organizations contacted for information also suggest using only a few artists (artists will paint more than one box), measuring utility boxes and writing their serial numbers, and being very specific. They also stress communication with the utility companies. Some companies have stipulations, including types of paint. A signed agreement should also be made with them. Funding= o SEDC- tax increment o Uptown Partnership- parking meter revenue, grants and donations. Budget o SEDC estimates at $30,000. o Provided by Uptown Partnership for 10 boxes B.2 PAINT Cost Primer $ 200 Color Paints $ 260 Protective Coating $ 200 Total $ 660 B.3 TOOLS Cost Brushes, rollers, mixing cups, drop cloths,gloves etc. $ 250 Total $ 250 CLEANIN CA OUTSIDE CONTRACTOR Cost The Awning Cleaners $ 6,000 Total $ 6,000 PROMOTION DA PROMOTIONAL EXPRESNES Cost Website, newsletter $ - Print Ads-Call for Artists 5 100 Total $ 100 E.1 STIPEND Cost . $50 Stipend of appreciation $ 500 TOTAL $ 7,510 Painting Process o Inclement weather must be accounted for. o Boxes must be primed and allowed to dry 1-2 days o Boxes must be painted and allowed to dry 1 day between coats o Boxes must be allowed to dry before painted with anti-graffiti coating Examples o The Uptown Partnership has pictures posted here. o SEDC provided the following examples: 4 r , x f \ l 1 ® RECE1` � ,aid FEB 0 2 �uJ9 CITY OF SALEM, MASSACHUSETTS DEPT.OF PLAlm,4,i0 g C0A!4AUFJiTYDTJ� ra'.r=I1T Kimberley Driscoll Mayor Memorandum TO: Lynn Duncan Tom Daniel FROM: Kim RE: Traffic/Utility Box Art DATE: January 30, 2009 Lynn and Tom, Attached is some information that Dave Pelletier prepared regarding some ideas he has for a traffic/utility box art program in Salem. This is actually something that I have been wanting us to do and something I think makes a lot of sense for Salem, provided it is done right. Dave would like to help spearhead this effort and I met with him briefly earlier this week to talk about what he has in mind. Based on that conversation, he is going to put together a more formal proposal of how a program might work in Salem for our input and review. Once he completes that effort, I'd like to bring us together to discuss implementation, SRA areas, etc., but in the meantime wanted to keep you in the loop on this initiative. Salem City Hall—93 Washington Street—Salem. MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 t:a f a 3 t �I y _ y Traffic boxes as an art medium Examples from Stamford, CT and Brisbane Australia To be proposed for the City of Salem, by David Pelletier Expand visitor entertainment opportunities with public art Use the unattractive surfaces of traffic and telephone control boxes Invite artists to contribute their creativity All entries must be preapproved for locations Themes can be historic, environmental, or just plain sheer creative art Very successful in Brisbane and Stamford Wide input should be desired to attract the best talent c, �dt:y Wt '➢� V t � y . � w .1 .. . ME � -tP as j r ! Y �q` .� a 'L P 3* OF"CCf1i . .P F' f 4 . zr 1 C ..• � ' � d 2\ r � .. i —.._L,_. � f " Srf �� 5p�. ..,`\� � �I 1 � i�: �, �, ,�, R ��r-�7? . _F -- �{ �-�.� 4�" ' c l � S .,� p B �,�� ; . ,. _ . � �. E ,. � ®®r , _- .. "� � - � � u .�.. � .� e► � ;; ,. � 1 1 .A, `I � �y r�'S �,a a ��1� - I t� - T n � �` ti'✓ � ty a,�- ._ � .. _ .,�.1 . ._ X .t U Ii s. o } ' F ij • A: I t= ♦t•hwnn. �9 a�T'3j�r . y Salem Traffic Signal and/or Telecommunications Box Art Program Submitted by: David Pelletier January 2009 Who can participate? Anyone can apply to paint a Traffic Signal or Telecommunications Box (TSB). Families, professional or first time artists, school groups, kids or elders can get involved in Artforce. Two essentials for the artist are: Invitations may be extended anyone willing to meet the qualifications You must have your design approved by the City of Salem. What steps are involved? Choose a TSB. Contact City of Salem and have the TSB allocated to you. Have a look at the position of your TSB to determine how many sides of the TSB you will be able to paint. Create full colour designs of exactly what you want to paint on the TSB and email or post them in. The City of Salem will advise you of whether your design has been approved. Once your design is approved you will be mailed an Artist's Agreement which needs to be read, signed and returned. You will then receive an Acceptance Notice and be advised where and when to collect your Artforce Pack. Collect Artforce Pack. (a design kit) Paint your TSB. Return Artforce Pack, submit photos and feedback forms. Celebrate the project and your artwork by attending the annual Artforce Awards event. Choosing a TSB Go to the Artforce website and view available boxes to select a TSB and request that the box be allocated to you. If you do not have Internet access you can contact City of Salem by phone to have a TSB allocated. The TSB will be allocated to you for 1 month to give you time to create and submit your design. If you have not submitted a design within a month the box will become available to another artist. Designing your TSB Your design needs to fit on a TSB. Dimensions of a TSB are: 140 cm high x 80 cm wide x 42 cm deep. You will need to paint all the sides of the TSB that are visible.Have a look at the box to determine whether you need to design your artwork for 3 or 4 sides of the box. Provide a name for your artwork and briefly describe (30 words or less) the reasons or inspirations behind your design. This information will go onto the Artforce website. Please submit three Letter size pages of your full colour design as follows: Front of the TSB - one Letter size page Rear of the TSB - one Letter size page Sides of the TSB - half an Letter size page each Designs can be returned to you if required. Include your signature on your design as you would on the actual TSB. Signatures must not exceed 20 cm x 5 cm in actual size and may include the copyright sign What designs are eligible? Salem acknowledges that everyone relates to their community and local surrounds differently. Designs should be positive, original and colorful and reflect at least one of the following: o The immediate environment o The character or culture of the suburb o The history of the area o Community pride o Creativity Designs should also: Have minimal blank areas of colour to reduce the likelihood of graffiti tagging Should not be predominantly dark in colour as this can cause the TSB to overheat Designs will be ineligible if they involve: A breach of Intellectual Property Rights (somebody else's idea) Trademarks, brand or business names, logos or copyrighted images Images of a potentially offensive or sensitive nature as determined by the project managers Collage or gluing anything onto the TSB Images that resemble illegal graffiti or tags Check list of what to submit: Submit your colour design (3 Letter size pages) TSB number Artwork name Artwork background information (30 words or less) Contact details, address, phone number and email address Proof of age (if under 18) Email or post this information to City of Salem What equipment do I need to paint a TSB? Artforce provides approved artists with an Artforce Pack. Each pack contains paint (undercoat and primary colours plus green, white and black), safety vests, witches hats, painting rags and drop sheets. Artists need to provide their own paintbrushes and must comply with safety and environmental guidelines. How long do artworks last? On average, TSB artworks last from 6 months to 4 years. TSBs are public property equipment and may require upgrading or need replacing at any time. There is no guarantee how long your artwork will remain on a TSB. Artforce awards The annual Artforce Award is an all ages celebration. The Awards are held annually in November and showcase Artforce artworks completed in the preceding 12 months. The Awards are judged by independent art authorities. All eligible Artforce participants will receive an invitation to attend. The Awards recognise outstanding artwork in 5 categories with the following cash prizes: • Overall Winner - • Under 18 • Under 12 • Best School • Best Organization What about copyright? The artist owns the copyright of the artwork on the TSB. However, the artist needs to agree to let theCity of Salem use the artwork image in any way to promote Artforce, the City of Salem or associated events. Contact us Initial Artbox sites Jerry's Gulu Gulu Along Charter St. Cemetary Wall on Derby St. Corner of Front and Central Telcom box Across from McGlew Park All the new boxes on North St. Essex At Flint Hawthorne Blvd at Essex Others within the "red line" walking tour zone. (Current Date) nTitleo nFirstName»«&=Name. K obTitle,, KAddressl- ,xAddress2» &QV)>. «StateN KPostalCodeH Dear KTideN«LastNameh: Your design for a(tie of artwork) for the (location of artwork) at the Facili Name was well received and approved by the Public Art Committee. As a result, I am pleased to enclose three copies of the Agreement for the Commission and Implementation of Art Work for this project. Please sign and notarize the three copies of the Agreement and return them to me. Following Commissioner Weisberg's signature of the documents,I will return one copy to you for your records. You will receive one-third payment in six to eight weeks. C_ Also enclosed are two copies each of the Affidavit and Disclosure documents. Please sign and return one copy of each to me and retain the second copy for your files. In the Agreement for Commission I have indicated ate ,as the completion/delivery date for the artwork. If this deadline is not acceptable to you, please contact me so we may negotiate a revised deadline. I may be reached at (X=)xtiz-rxrx. Please telephone me when your artwork is 50%completed so that I may schedule a studio visit. Following the studio visit you will receive the second payment. The final payment will come following the installation. Thank you for your interest in the (Facili�Nww and for your thoughtful design. I look forward to working with you. Sincerely, (Name of Curator/Coordinator) Public Art(Curator/Coordinator) XX.•xx cc: (Director of Public Art) Agreement for the Commission And Implementation of Art Work This Agreement, entered into this ' by and between the City of Chicago, Illinois, a municipal corporation and a home rule unit of government under Section 6(1)Article VII of the 1970 Constitution of the State of Illinois (the"City'), acting by and through the Department of Cultural Affairs("Cultural Affairs")and ("Artist"). RECITALS Whereas, the City Council enacted an Ordinance on July 29, 1987 (C.J.P., pp. 2828) (the "Ordinance"), mandating that a percentage of the cost of construction of a public building built for or by the City be set aside for the commission and purchase of works of art to be located in a public area of such buildings and establishing a Percent for Art Program; and Whereas, the Department of Cultural Affairs is responsible for the implementation and administration of the Percent for Art Program; and Whereas, the City desires that the Artist submit to the City a certain work of art; and Whereas, the Artist are willing and able tc provide such work of art. Now,therefore,the City and the Artist agree as follows: C_ Section 1. Incorporation of Recitals 1.01 The above recitals are expressly i-icorporated and made a part of this Agreement as though fully set forth herein. Section 2. The Artist 2.01 The Artist shall convey to the City the following work of art for the following: Description: 2.02 The Artist warrants, represent and covenants that: a. The Artwork is a unique and original product of the Artists'creative efforts. b. The Artwork is an edition of c. The Artwork is free and clear of any and all lien claims. d. The Artist has not employed or retained any company or person other than a bonafide employee or established art agent of the Artist to solicit or secure this Agreement with the City, and the Artist have not paid or agreed to pay any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or execution of this Agreement. 2.03 The Artist shall have exclusive rights to the construction of the Artwork and the Artist shall retain the copyright of the Artwork until it has been delivered to the City. 2.04 The Artist shall have the Artwork ready by and be delivered to 2.05 The Artist shall be responsible for all loss or damage to the Artwork until the City accepts delivery.The Artist shall also be responsible for all loss or damage to the site and improvements thereon caused by the Artist's services during the performance of the Agreement. 2.06 The Artist, at the City's direction, shall correct any defects or non-compliant labor and materials for a period of one year after date of final payment. 20.7 The Artist shall defend, indemnify, keep and hold harmless, the City and its agents, officials and employees against all suits, claims, damages, losses and expenses, including attomeys'fees, caused by, growing out of, or incidental to, the performance of this agreement by the Artist or subcontractors of the Artist if any, to the full extent allowed by the law and not beyond any extent which would render these provisions void or unenforceable. 2.08 The Artist, recognizing that"TIME IS OF THE ESSENCE,"shall perform under this Agreement in such a manner and with sufficient equipment and forces to complete the Artwork by the date specified herein. 2.09 The Artist shall retain at all times all rights granted under all applicable copyright laws and all other reproduction rights in and to the Artwork,subject however, to such rights as are granted to the City pursuant to Section 3.02 herein. 2.10 In the event the Artist is to perform installation of Artwork, the Artist shall provide, in writing, proof of liability insurance prior to delivery and installation of Artwork. The Artist shall provide, in writing, proof of worker's compensation for Self and any assistants hired by Artist for installation of Artwork.All insurance policies must be valid for coverage in Chicago, Illinois, and name the Chicago Department of Cultural Affairs as"Also Insured." Section 3. The City 3.01 The City or its representatives shall have the right to make reasonable inspection and review of the Artwork and the progress of the Artwork upon request.The Artist shall cooperate and make the Artwork available for viewing to the City when such request is received. 3.02 Notwithstanding the provisions of Section 2.09 above,the Artist grants an irrevocable license to make photographs of the Artwork, subject to the Artist's approval,which photographs may be utilized solely in advertising, catalogues, brochures, programs and media publicity and for other non-commercial purposes; such license includes the right of the City utilize such approved photographs in the City's catalogues and other similar publications, which right the City agrees to exercise in a tasteful and professional manner consistent with the reputation and professional standing of the Artist. It is understood that any use by the City of a photographic image of the Artwork will contain an appropriate credit to the Artist, copyright notice in statutory form setting forth the Artist's name and the date of the publication of the Artwork and a statement that all rights in and to the Artwork are reserved to the Artist. 3.03 The City shall credit the Artwork as a product of Section 4. Compensation 4.01 In consideration of the payment of$ the Artist agrees to transfer to the City all right, title, interest and copyright of the Artwork as specified in sections 2.09 and 3.02. 4.02 The City shall pay the foregoing amount in installments according to the progress of the Artwork. Such progress payments will be made as follows: a. $ (1/3)upon commencement of the project. b. $ (1/3) upon review midway through the project. c. $ (1/3)upon completion of the Artwork and certification by the by the Artist that the work conforms to specifications. 4.03 The City Fund chargeable shall be 706-23-2005 and disbursements are subject to the availability of funds therein contained. Section 5. Termination 5.01 The City may terminate this Agreement: a. Upon 10 days'written notice to the Artist if the termination is without fault on the Artist part. In this case the Artist will be entitled to a payment and settlement based upon the work completed ender the Agreement prior to the termination of Agreement(as provided in Section 4.02). b. The City's obligation hereunder shall cease immediately,without any payment required, in any year for which the City or other legally applicable funding source fails to make an appropriation to pay such obligation.The City shall give the Artist notice of such termination of funding as soon as practicable after the City becomes aware thereof. c. If the Artist fails, refuses or is unable to execute the Artwork for any reason with such diligence to allow timely completion in accordance with the Agreement, the City shall give the Artist written notice of its intention to terminate and the reason therefore. Unless satisfactory arrangements to the City are made within 10 business days,the City may terminate the Agreement without any further payment. In addition, within thirty days of termination of this agreement the Artist shall refund to the City any payments made to the Artist. Section 6. General Conditions 6.01 This Agreement constitutes the entire agreement between parties, and no warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 6.02 This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal ` effect. 6.03 No changes, amendments, modifications, cancellation or discharge of this Agreement, or any part hereof,will be valid unless in writing and signed by the parties hereto, or their respective successors and assigns. 6.04 The parties agree nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of partners or joint ventures between the City and the Artist, or as constituting the Artist agents, representatives or employees of the City for any purpose or in any manner whatsoever. 6.05 The Artist shall not assign, trans`er, pledge, surrender or otherwise encumber or dispose of this Agreement or any rights and privileges created hereby, or any interest in any portion of the same, without the prior consent of the City.The City reserves the right to assign all or any part of its interest hereunder. 6.06 All of terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns, if any. 6.07 The Artist shall, in performance cf this Agreement, comply with all applicable federal, state and local laws,ordinances, rules, regulations and executive orders. including but not limited to the requirements of: the State of Illinois Criminal Code, 720 ILCS 5-33E,the"Disclosure of Ownership Interest in Entities," Chapter 2-154 of the Code, Chapter 2-56 of the Code concerning the Inspector General and Chapter 2-156 of the Code concerning governmental ethics. Accordingly,the Artist executed the attached Disclosure Affidavit and Disclosure of Retained Parties. 1 In accordance with Section 2-92-580 of the Municipal Code of the City of Chicago, if the primary Contractor conducts any business operations in Northern Ireland, it is hereby required that the Contractor shall make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390(1988 Ill. Laws 3220). 6.08 No member of the governing body of the City or other unit of its government, and no other officer, employee or agent of the City or other unit of its government who exercises any decision-making authority with regard to this Agreement or any governmental functions or responsibilities in relation to the production of the Artwork, may have any personal financial interest, direct or indirect, in this Agreement. No member of or delegate to the Congress of the United States, or the Illinois General Assembly and no Alderman or City employee will be admitted to share any part of the Agreemert or to any financial benefit to arise herefrom. 6.09 No member, official or employee of the City shall be personally liable to the Artist or any successor in interest in the event of any default or breach by the City, or for any amount which may become due to the Artist or any successor in interest to the Artist, or on any obligation hereunder. 6.10 This Agreement shall be governed in accordance with the laws of the State of Illinois. 6.11 If any provision of this Agreement is held or deemed to be or in fact is invalid, ( illegal, inoperative or unenforceable on its face or applied in any particular case in any jurisdiction or jurisdictions o-in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, rule of law or public policy, or for any other reason, such circumstances will not render the provision in question invalid, illegal, inoperative or unenforceable in any other case or circumstances.The invalidity of any one or more phrases, sentences, clauses o- sections contained in this Agreement shall not effect the remaining portions of this Agreement or any part thereof. 6.12 The Artist is not in arrears with raspect to any fines, taxes or fees imposed by and owed to the City of Chicago or the State of Illinois. 6.13 Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by placing in the United States Mail, first class and certified, return receipt requested,with postage paid and addressed: If to the City: Department of Cultural Affairs 78 East Washington Chicago, IL 60602 Attention: Director of Public Art With copy to: Department of Law City Hall, Room 511 121 North LaSal a Street Chicago, IL 60602 Attention: Corporation Counsel If to the Artist: Notices delivered by mail will be deemed effective two(2)days after mailing. Notices personally delivered will be effective upon receipt. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date first written above. Artist City of Chicago Department of Cultural Affairs Address: By: Commissioner F.E.I.N. or Social Security No.: Sworn and subscribed to me before this day of in the State of and the County of Notary Public (Seal) RETURN THIS "DISCLOSURE OF RETAINED PARTIES- FORM WITHIN 7 CALENDAR DAYS OF CITY NOTIFICATION I DISCLOSURE OF RETAINED PARTIES A. Definitions and Disclosure Requirements I. As used herein,"Contractor"means a person or entity who has any contract or lease with the City o. Chicago(the"City"). 2. Pursuant to Executive Order 97-I, every city contract and lease must be accompanied by a disclosur_ statement providing certain information about attorneys, lobbyists,accountants, consultants,subcontractors,and other persons whom the Contractor has retained or expects to retain with respect to the contract or lease. In particular, the Contractor must disclose the name of each such person,his or her business address, the nature of the relationship, and the amount of fees paid or estimated to be paid. The Contractor is not required to disclose employees who are paid solely through the Contractor's regular payroll. 3. "Lobbyist"means any person(a)who for compensation or on behalf of any person other than himself undertakes to influence any legislative or administrative action,or(b)any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action. B. Certification Contractor hereby certifies as follows: I. This Disclosure relates to the following transaction: Specification or other identifying number: Description of goods or services to be provided under Contract: 2. Name of Contractor. 3. EACH AND EVERY attorney,lobbyist,accountant,consultant,subcontractor,or other person retained or anticipated to be retained by the Contractor with respect to or in connection with the contract or lease is listed ielow. Attach additional pages if necessary. NOTE: You must include information about certified MBE/WBEs'you have retained or anticipate retaining,even if you have already provided that information elsewhere in the contract documents. RELATIONSHIP FEES(indicate BUSINESS (attorney, lobbyist whether paid or NAME ADDRESS subcontractor, etc.) estimated) CHECK HERE IF NO SUCH PERSONS HAVE BEEN RETAINED OR ARE ANTICIPATED TO 3E RETAINED: :oe d. The Contractor understands and agrees as follows: a. The information provided herein is a material inducement to the City's execution of the contract or other action with respect to which this Disclosure of Retained Parties form is being executed, and the Cit% may rely on the information provided herein. Furthermore, if the City determines that any information provided herein is false, incomplete, or inaccurate, the City may terminate the contract or other transaction, terminate the Contractor's participation in the contract or other transaction, and/or decline to allow the Contractor to participate in other contracts or transactions with the City. b. If the Contractor is uncertain whether a disclosure is required under the Executive Order, the Contractor must either ask the Contract Administrator or his or her manager whether disclosure is required or make the disclosure. c. This Disclosure of Retained Parties form, some or all of the information provided herein, and any attachments may be made available to the public on the Internet, in response to a Freedom of Information .Act request, or otherwise. The Contractor waives and releases any possible rights or claims it may have against the City in connection with the public release of information contained in the completed Disclosure of Retained Parties form and any attachments. Under penalty of perjury, I certify that I am authorized to execute this Disclosure of Retained Parties on behalf of the Contractor and that the information disclosed herein is true and complete. Signature Date Name (type or print) Title Subscribed and swom to before me this day of , 19_ Notary Public 2 Agreement for Commission of Design for Artwork This Agreement, entered into this day of year by and between the City of Chicago, Illinois, a municipal corporation and a home rule unit of government under Section 6(1)Article VII of the 1970 Constitution of the State of Illinois acting by and through any of its departments, bureaus,divisions, agencies, or programs, and any of their officers, directors, employees, licensees, assigns, or the Department of Cultural Affairs (collectively, "the City")and (the"Artist"). RECITALS Whereas, the City Council enacted an ordinance on July 29, 1978 (C.J.P., pp. 2828)(the "Ordinance"), mandating that a percentage of the cost of construction of public buildings built for or by the City be set aside for the commission and purchase of works of art to be located in a public area of such buildings an establishing a Percent for Art Program; and Whereas,the Department of Cultural Affairs is responsible for the implementation and administration of the Percent for Art Program; and Whereas, the City desires that the Artist submit to the City a design for a certain work of art; and Whereas, the Artist is willing and able to provide such design. rNow, therefore, the City and the Artist agree as follows: Section 1. Incorporation of Recitals The above recitals are expressly incorporated and made a part of this Agreement as though fully set forth herein. Section 2. The Artist 2.01 The Artist shall convey to the City the following dimensional design: Title: Dimensions: Media: (the"Design for Artwork.") 2.02 The Artist acknowledges that submission of this Design for Artwork does not guarantee selection for the final commission of the Artwork described above. 2.03 The Artist warrants, represents and covenants that: a. The Design for Artwork is a unique and original product of the Artist's creative efforts. b. The Design for Artwork is an edition of one. c. The Design for Artwork has not been accepted for sale elsewhere. d. Copies of the Design for Artwork will not be sold elsewhere. e. The Design for Artwork is free and clear of any and all lien claims. f. The Artist has not employed or retained any company or person other than a bonafide employee or established art agent of the Artist to solicit or secure this Agreement with the City, and the Artist has not paid or agreed to pay any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or execution of this Agreement. 2.04 The Artist will have the exclusive rights to the construction of the Design for Artwork and the Artist will retain the copyright of the Design for Artwork until it has been delivered to the City. 2.05 The Artist will deliver to the City the Design for Artwork by at the following Location: Public Art Program, Department of Cultural Affairs, 78 E. Washington, Chicago, IL, 60602 2.06 The Artist is responsible for all loss or damage to the Design for Artwork until the City Makes final payment therefor.The Artist also is responsible for all loss or damage to the project to which the Design for Artwork relates, the site and improvements thereon and the work of other contractors caused by the Artist's operation during the performance of the Agreement. 2.07 The Artist, at the City's direction, must correct any defects or non-compliant labor and materials for a period of one year after date of final payment. 2.08 The Artist must defend, indemnify, keep and hold harmless the City and its agents, officials and employees against all suits, claims,damages, losses and expenses, including attorneys'fees,caused by, growing out of, or incidental to, the performance of the Design for Artwork by the Artist or subcontractors of the Artist if any, to the full extent allowed by the law and not beyond any extent which would render these provisions void or unenforceable. 2.09 The Artist, recognizing that"TIME IS OF THE ESSENCE,'must perform the Design for Artwork in such manner and with sufficient equipment and forces to complete the Design for Artwork by the date specified herein. Section 3. The City 3.01 The City or its representatives have the right to make reasonable inspection and review of the Design for Artwork and the progress of the Design for Artwork upon request. The Artist must cooperate and make the Design for Artwork available for viewing to the City when such request is received. 3.02 The City reserves the right to display the Design for Artwork, or to reproduce the Design for Artwork by any two-dimensional medium. Section 4. Compensation 4.01 In consideration of the payment of$1,000.00, the Artist agrees to transfer to the City all rights,title and interest in and copyright of the Design for Artwork, except to the extent such are non-transferable, in which event the Artist waives these rights to the extent permitted by law. 4.02 Upon delivery to the City of the Design for Artwork, the Artist will be entitled to such consideration in a lump sum payment following submission of an invoice and such other documents as may be required by the City to process payment. 4.03 The City Fund chargeable will be 706-23-2005 (Percent for Art)and disbursements are subject to the availability of funds therein. Section 5. Termination 5.01 The City may terminate this agreement. a. Upon 10 days written notice to the Artist if the termination is without fault on the Artist's part. In this case the Artist will be entitled to a payment and settlement based upon the work completed under the Agreement prior to the termination of the Agreement (except as provided in Section 4.0(b)). b. The City's obligation hereunder will cease immediately,without any payment required, in any year for which the City or other legally applicable funding source fails to make an appropriation to pay such obligation. The City will give the Artist notice of such termination of funding as soon as practicable after the City becomes aware thereof. C. If the Artist fails, refuses or is unable to execute the Artwork for any reason with such diligence to allow timely completion in accordance with the Agreement,the City will give the Artist written notice of its intention to terminate and the reason therefor. Unless satisfactory arrangements to the City are made within 10 business days, the City may terminate the Agreement without any further payment. In addition,the Artist will be required to refund any payment made to the City within thirty days of termination of this Agreement. Section 6. General Conditions 6.01 This Agreement constitutes the entire agreement between the parties, and no warranties, Inducements, considerations, promises or other references will be implied or impressed upon this Agreement that are not expressively addressed herein. 6.02 This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 6.03 No changes, amendments, modifications, cancellation or discharge of this Agreement, or any part hereof,will be valid unless in writing and signed by the parties hereto, or their respective successors and assigns. 6.04 The parties agree nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of partners or joint venturers between the City and the Artist, or as constituting the Artist as an agent, representative or employee of the City for any purpose or in any manner whatsoever. 6.05 The Artist will not assign, transfer, pledge, surrender or otherwise encumber or dispose of this Agreement or any rights and privileges created hereby, or any interest in any portion of ( the same,without the prior written consent of the City. The City reserves the right to assign all or any part of its interests hereunder. 6.06 All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns, if any. 6.07 The Artist shall, in performance of this Agreement, comply with all applicable federal, state and local laws, ordinances, rules, regulations and executive orders, including but not limited to the requirements of: the State of Illinois Criminal Code, 720 ILCS 5-33E, the "Disclosure of Ownership Interest in Entities,"Chapter 2-154 of the Cade, Chapter 2-56 o- the Code concerning the Inspector General and Chapter 2-156 of the Code concerning governmental ethics. The Artist will submit the attached"Disclosure Affidavit and Disclosing of Retained Parties" in full. In accordance with Section 2-92-580 of the Municipal Code of the City of Chicago, if the primary Contractor conducts any business operations in Northern Ireland, it is hereby required that the Contractor shall make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Art act 85-1390 (1988 III.Laws 3220). 6.08 No member of the governing body of the City or other unit of its government, and no other officer, employee or agent of the City or other unit of its government who exercises any decision-making authority with regard to this Agreement or any governmental functions or responsibilities in relation to the production of the Art Work,will have any personal financial interest,direct or indirect, in this Agreement. No member of or delegate to the Congress of the United States, or the Illinois General Assembly and no Alderman or City employee will be admitted to share any part of the Agreement or to any financial benefit to arise f_ herefrom. 6.09 No member, official or employee of the City will be personally liable to the Artist or any successor in interest in the event of any default or breach by the City, or for any amount which may become due to the Artist or any successor in interest to the Artist, or on any obligation hereunder. 6.10 This Agreement shall be governed in accordance with the laws of the State of Illinois. 6.11 If any provision of this Agreement is held or deemed to be or in fact is invalid, illegal, inoperative or unenforceable on its face or as applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, rule of law or public policy, or for any other reason, such circumstances will not render the provision in question invalid, illegal, inoperative or unenforceable in any other case or circumstances. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement will not effect the remaining portions of this Agreement or any part thereof. 6.12 The Artist is not in arrears with respect to any fines, taxes or fees imposed by and owed to the City of Chicago or the State of Illinois. 6.13 Any and all notices given or required under this Agreement will be in writing and may be delivered in person or by placing in the United States Mail,first class and certified, return receipt requested, with postage prepaid and addressed: If to the City. PLblic Art Program Department of Cultural Affairs 78 East Washington CFicago, IL 60602 If to the Artist: l Attention: Notices delivered by mail will be deemed effective two (2)days after mailing. Notices personally delivered will be deemed effective upon receipt. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date first written above. Artist City of Chicago (Signature) Department of Cultural Affairs By: Printed Name and Address: Commissioner F.E.I.N.or Social Security No.: Sworn and subscribed to before me this day of in the year , in the State of and the county of Notary Public (Seal)