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Lafayette Urban Renewal Authority Lafayette, Colorado WINTER ART BANNERS - CALL FOR ART SUBMISSIONS The Lafayette Urban Renewal Authority (LURA) recently completed a Downtown Vision Plan for the city’s Downtown corridor, which included recommendations for streetscape improvements and identified Old Town Lafayette’s brand as being “creative, diverse and eclectic.” Downtown Lafayette is home to a number of cultural offerings including the Peach Festival and Oatmeal Festival, Art Night Out, a rotating sculpture exhibit, the Mary Miller Theater, Miner’s Museum, Rocky Mountain Center for Musical Arts, World of Wonder Children’s Museum, wonderful boutique shops and great restaurants. Building on those will be the cornerstone of future efforts to enliven the downtown core. With that in mind, LURA is seeking winter art images for use in a winter light pole banner program to enhance our “creative, diverse and eclectic” downtown. Art submissions will be accepted until September 16 at 3 p.m. Materials received after this date and time shall not be opened. Art proposals may be submitted online, delivered in person, by U.S. Postal Service, or by private carrier. Proposals may not be faxed to the City. Submit materials to [EMAIL REDACTED] or at the Community Development Department, Lafayette City Hall, 1290 So. Public Road, Lafayette, Colorado 80026. Questions regarding this call for artists may be addressed to Jenn Ooton, Downtown Coordinator, City of Lafayette, 1290 So. Public Road, Lafayette, CO 80026, by calling (303) 665-5506, ext. 3337, or by sending an e-mail to [EMAIL REDACTED]. LAFAYETTE URBAN RENEWAL AUTHORITY, COLORADO Jenn Ooton Downtown Coordinator City of Lafayette Staff for the Lafayette Urban Renewal Authority ---PAGE BREAK--- Lafayette Urban Renewal Authority Lafayette, Colorado WINTER ART BANNERS - CALL FOR ART SUBMISSIONS PROJECT DESCRIPTION The Lafayette Urban Renewal Authority (LURA) is seeking high quality art submissions for a winter art banner program. The banner program will focus on winter themes (snowflakes, sleds, holly, cardinals, fireplaces, etc.) rather than holiday images. Artists may submit original photographs, graphic design images and digital reproductions of original visual art for use on the banners. Artists may submit one or more options for consideration. Banners will be used for more than one winter and each image will be used on more than one light pole. Submitted materials will not be returned. Timeline: Staff and two members of the Public Art Committee (PAC) will review art submissions for the banner program. • September 16, 3 p.m. – Deadline for submissions. • Late September – Submissions will be reviewed by staff and PAC members. Eight images will be selected. • October – Staff for the Lafayette Urban Renewal Authority will notify artists whose art has been selected for inclusion in the winter banner program. Artists will receive $125 per selected image. • Mid-November – Banners will be installed on light poles following Veteran’s Day 2013. ---PAGE BREAK--- Lafayette Urban Renewal Authority Lafayette, Colorado WINTER ART BANNERS - CALL FOR ART SUBMISSIONS Submittals Each art proposal shall include, at a minimum, the following information: • The artist’s name, mailing address, phone number, and e-mail address • Color graphic images or photographs. We are looking for crisp images that are appropriate for a street banner, colors and images that feel like winter, and graphics that are large enough to be seen from the road. • Certification of original images Images: Each image must be large enough to be reproduced on a 30” by 60” banner. (300 dpi minimum). Submit image(s) and other information to [EMAIL REDACTED] or in person on a CD or flash drive. Title your image last name_first initial_banner.jpg (Smith_J_banner.jpg). Each electronic image must be portrait (vertical). Label the CD/flash drive and printouts with your name. Artists must certify that their images are original images You may also submit additional information such as Artists Statements, Biography, or additional information you want us to have. Thank you for your submission Submit your materials at [EMAIL REDACTED] or at Lafayette City Hall, 1290 S. Public Road, in an envelope marked: Banners c/o Jenn Ooton City of Lafayette ---PAGE BREAK--- Certification of Original Images I, swear or affirm under penalty of perjury under the laws of the State of Colorado that: The images that I have submitted for the Winter Banner Call for Art are original. Signature Date ---PAGE BREAK--- WINTER ART BANNERS - CALL FOR ART SUBMISSIONS PURCHASE AGREEMENT Artists must sign a license agreement for selected images (Attached). ---PAGE BREAK--- Page 1 of 2 ARTWORK LICENSE ARGREEMENT This ARTWORK LICENSE AGREEMENT (“Agreement”) is made this day of 2013 (the “Effective Date”), between located at (“Artist”), and the City of Lafayette Urban Renewal Authority, Colorado, located at 1290 S. Public Road, Lafayette, CO 80026 ( “LURA”), collectively referred to herein as “Parties”. WHEREAS, LURA recently held a design contest for the design of banners for display by LURA in its Winter Banner Program (“Program”); and WHEREAS, Artist developed a certain design (whether in traditional, electronic, or digital format) specifically identified on Schedule A attached hereto (the “Artwork”); and WHEREAS, LURA selected Artist’s Artwork as a winner in the Program contest, and LURA desires to reproduce and display the Artwork on banner(s), print materials, and electronic media as set forth in this Agreement; and WHEREAS, LURA desires to obtain from Artist a license to use the text and/or images contained in the Artwork in the Program and in LURA’s print materials and social or electronic media created, distributed, or maintained by LURA for display or distribution to the public to promote, advertise or memorialize the Program (the “Purpose”), and Artist desires to grant such a license subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration herein described, the receipt and sufficiency of which is hereby acknowledged, the Artist and LURA hereby agree as follows: 1. Grant of License. Artist hereby grants to LURA a non-exclusive, non-transferable license to use the Artwork for the Purpose, including use in the following materials: posters; banners; flyers; brochures; newsletters; websites; print, online, and email promotional materials; and such other printed and online materials as shall be determined at LURA’s discretion, but subject to any limitations set forth in this Agreement. The Artwork may also be reproduced by LURA at the following web domain: www.cityoflafayette.com. Artist grants to LURA the right to modify, resize, crop, or otherwise edit the Artwork as necessary for use in the media specified above, so long as LURA credits the Artwork to Artist as set forth in Section 4 below. Artist shall deliver to LURA the original or reproductions of the Artwork in electronic or print format, in full color and in black-and- white or grayscale, and Artist shall also provide access to the original Artwork in order to assist LURA in the creation of graphical depictions of the Artwork for use pursuant to the license granted by this Agreement. In no event shall LURA use the Artwork for pecuniary or monetary gain or profit, and Artist expressly withholds such rights from the license granted in this Agreement. 2. Payment for Use. In consideration for the grant of this license to use the Artwork as specified in this Agreement, LURA agrees to make a one-time payment to the Artist in the amount of One-Hundred and Twenty- Five Dollars ($125.00). 3. Ownership of Intellectual Property. Artist shall remain the sole owner of the copyright in the Artwork, subject to the licenses granted to LURA under this Agreement. LURA shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle LURA to make any claim to ownership of the copyright in the Artwork. LURA may not make any other use of the Artwork other than those authorized herein without prior written approval from Artist, including, without limitation, distribution for profit. The Artist shall also retain all rights under and to the Artwork that are not expressly granted to LURA and shall have the right to grant further licenses to third parties with respect to such retained rights, except that Artist agrees that no such license shall be granted to any third party for such third party’s display as a banner within a 20-mile radius of the City of Lafayette, Colorado, as set forth in section. 4. Credits. Artist shall be entitled to a credit in no smaller than 6-point type in or on all materials in which the Artwork is reproduced in full or in part. The credit shall read substantially as follows: ©2013 [name of Artist]. LURA shall use reasonable efforts to ensure compliance with this crediting provision. However, failure of LURA to properly credit Artist shall not be considered a material breach of this Agreement. ---PAGE BREAK--- Page 2 of 2 5. Term and Termination. This Agreement shall begin on the Effective Date and shall continue in full force and effect for the life of the copyright in the Artwork, unless terminated pursuant to the terms of this Section 5. a. Both Artist and LURA shall be entitled to terminate this Agreement for any reason with 30 days’ prior written notice, stating intent to terminate and intended date of termination. b. In the event that this Agreement is terminated pursuant to this Section 5, LURA shall cease displaying, publishing, or distributing any reproductions of the Artwork in the course of LURA’s business prior to or on the effective date of termination. c. Upon the effective date of termination, all rights and interest in the Artwork granted herein to LURA shall revert to Artist and shall be the sole property of Artist. LURA shall destroy all physical and digital copies of the Artwork still in its possession and control as of the effective date of the termination. 6. Artist’s Representations and Warranties. Artist represents and warrants that it is the sole and exclusive owner of the copyright in the Artwork and owns all right, title, and interest in the Artwork. Artist represents and warrants that it has the legal authority to grant LURA the license and that no other person or entity is required to give consent for the license to be valid. Artist represents and warrants that Artist has not licensed the Artwork as set forth in Section 1 to any person or entity other than LURA for display as a banner within a 20-mile radius of the City of Lafayette, nor will it license the Artwork for such purpose to any person or entity within such radius for the duration of this Agreement. 7. Indemnification. Artist agrees to indemnify, defend, and hold harmless LURA for any claims, suits, damages, actions, or other costs arising out of any breach of Artist’s warranties as set forth in Section 6 above. 8. Assignment. LURA shall not assign its rights, duties, or obligations under this Agreement without the prior written approval of Artist. 9. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior discussions, agreements and understandings of every and any nature among them. This Agreement may not be amended, supplemented, changed or modified except in writing signed by the parties to be bound thereby. 10. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Venue for any litigation shall be in Boulder County. 11. Severability. If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. 12. Notices. All notices which are required or permitted to be given hereunder shall be in writing and shall be sufficient in all respects if delivered in person, or mailed by registered or certified mail, postage prepaid, or sent by commercial expedited delivery service, to the addresses specified in the first paragraph of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the Effective Date. ARTIST: By: Telephone: E-mail: LAFAYETTE URBAN RENEWAL AUTHORITY: By: Title: ATTEST: Susan Koster, CMC, City Clerk