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Home My WebLink About2025-265-E-County Mgr-Wendy Spitzer-Uproar Artist Contract5 13 25 v3 UPROAR FESTIVAL OF PUBLIC ART ARTIST AGREEMENT This agreement is between __________________________________ (“Artist”) and Orange County Arts Alliance (“Alliance”), and Orange County, NC (“County” or “Uproar”). As a willing participant in Uproar Festival of Public Art taking place in Orange County, North Carolina, from July 21 to August 26, 2025, the Artist agrees to the following terms: Participation 1. Artist agrees to travel to Orange County, NC, transport work, and assist with install/de-install of artwork on the assigned dates prior to the start of Uproar and immediately after the event close. 2. Artist will oversee and participate in the install/removal process and will bring the required tools and appropriate hardware to secure or remove their work. (Uproar may be able to provide heavy equipment, professional art handlers, and tools if requested by artist in advance.) 3. Artist understands if they are unable to be present during installation on the assigned installation date, their work will be withdrawn from the festival. If the Artist is unable to be present during de-install, the Artist will be responsible for any costs related to removal and return of their work. 4. Artist understands that all Uproar site locations are outdoors, and works will be subject to weather conditions for the duration of the festival. 5. Artist agrees to allow images of their artwork to be used for promotional purposes. (Copyright remains with the artist and Uproar will properly credit all images.) 6. Artist agrees to not add any materials to the display area other than the artwork, nor to sell other items on-site. (Signage about each piece will be provided by the festival.) 7. Artist understands disrespectful behavior will not be tolerated. 8. Artist agrees the work subm itted is their own creation, or the creation of their team, and does not infringe on any third-party rights or violate any copyright or intellectual property laws. 9. Artist understands artwork must be on-site for the entire duration of the festival including their assigned installation and de-installation periods. 10. Artwork delivered to Uproar will be the work submitted and approved through the application process. Substitute work is not acceptable, and misrepresented work will be withdrawn unless discussed wit h and approved by Uproar staff prior to the festival. 11. Artist must be willing to provide a written or verbal description of the work for the Audio Descriptions team. 12. People’s Choice votes must be cast in-person. Remote voting is not allowed. Artist agrees to not share their unique QR-code voting link online, on social media, or in any other form during the festival. Insurance, Indemnity and Safety 13. Artists are strongly encouraged to properly insure artwork during the festival dates, including transport, installation, and de-installation. Artwork coverage is purchased on an annual basis for an annual premium of about $500 and will cover your work anywhere in the United States. 14. The Artist understands Uproar partners and host venues will ensure, to the best of their ability, the security and safety of all artwork, but assume no liability for potential theft nor damage resulting from human or natural causes during transport, installation/de-installation, or exhibition during the length of the festival. 15. Artist is responsible for any damage incurred to equipment used by the Artist during the festival. Uproar is not responsible for any injuries resulting from the Artist’s improper use of equipment. 16. Artwork must be properly prepared by the Artist for installation and de-installation, and not present safety or fire hazards. 17. To the extent authorized by North Carolina law the Artist agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to their participation and artwork and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Artist except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. Wendy Spitzer Docusign Envelope ID: 62E8F8B6-EE5A-4BC1-A3D4-0144316B4AAA 5 13 25 v3 Sales and Payments 18. If artwork is for sale, the Artist understands the sale will be handled through the Orange County Arts Alliance (the nonprofit partner of the Orange County Arts Commission), which will retain a 20% commission. Coordination of pick-up from buyer will take place during deinstallation (August 24-27). 19. Artist is required to handle any tax requirements resulting from payments made from participation in Uproar. 20. Artist acknowledges that violation of any part of this agreement may result in the removal or withdraw of their work from Uproar. In the event of removal or withdrawal, the Artist understands they will not receive their honorarium. Uproar agrees to the following terms: 1. Provide heavy equipment, professional art handlers, and tools as available and requested in advance by artist for installation and deinstallation. 2. Will ensure, to the best of their ability, the security and safety of all artwork through written agreements with each Uproar Host Venue. 3. Upon receipt of Artist Agreement, Uproar shall pay the Artist or team $500 of the $1,000 honorarium. Payment will be issued to the primary applicant listed on the Uproar application. 4. Uproar shall pay the Artist/team the remaining $500 honorarium after the closing of the festival (Saturday, August 23, 2025). This payment will also go to the primary applicant. 5. Uproar shall provide the winning Artist/teams prize money via check the night of the Uproar Awards Party on Saturday, August 23, 2025 following the awards announcements or as soon as reasonably possible thereafter. Miscellaneous terms: 1. If any provision of this waiver is found to be unenforceable, the remaining provisions shall continue in full force and effect. 2. Artist shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 3. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 4. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 5. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. 6. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. Artist: Signature of artist Date Docusign Envelope ID: 62E8F8B6-EE5A-4BC1-A3D4-0144316B4AAA 6/1/2025 5 13 25 v3 Orange County: Signature of County Manager Date Orange County Arts Alliance: Signature of Chair Date Docusign Envelope ID: 62E8F8B6-EE5A-4BC1-A3D4-0144316B4AAA 6/1/2025 6/6/2025 ORANGE COUNTY—INTERNAL USE ONLY Revised 01/24 1 Finance Information Vendor Name: Vendor Contact Person: _________________________________ Phone: __________________________ Address: _________________________________ City: ________________________ State: Zip: Department: County Manager Amount: $1000.00 Purpose: Uproar Artist Contract Budget Code(s): 34600020-900057 Vendor # ________________________ Vendor Status with NCSOS: _______________________Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ______________________) (Most Recent Amendment ______________________) Effective Date ________ End Date ________ Notice Date ________ (Notice Purpose ________________________) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ________) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ______________) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception (#________) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this pro ject has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: ________________________________ Department Director’s Signature ________________________________________ Date: ________ NC 58685 27312 Wendy Spitzer 150 Davie St.Pittsboro Wendy Spitzer 19196419367 Docusign Envelope ID: 62E8F8B6-EE5A-4BC1-A3D4-0144316B4AAA 6/1/2025 ORANGE COUNTY—INTERNAL USE ONLY Revised 01/24 2 Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney _________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docu Sign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date: _________ Docusign Envelope ID: 62E8F8B6-EE5A-4BC1-A3D4-0144316B4AAA 6/2/2025 6/2/2025 6/6/2025