HomeMy WebLinkAboutRachael Dotson CITY OF AUBURN
PURCHASE CONTRACT
This Agreement is made by and between the City of Auburn, ("City"), and Rachael Dotson
("Artist/Vendor").
I
WHEREAS, City has selected and decided to purchase the Artist/Vendor's pre-existing work of
art described below;
NOW, THEREFORE, the parties hereby agree as follows:
1. DESCRIPTION OF ARTWORK. The Artist[Vendor hereby sells and conveys to City the
following work(s) of art and associated rights described in this Agreement:
Title(s): '� Ya1
Artist's Name: 4?tC aV C(
Year Completed: j1 l
Dimensions:
Medium: V'j A�j rr l
Description of Work:
Examples of which are shown as EXIffbit A.
The above work of art is hereafter referred to as the "Work".
2. PRICE AND PAYMENT SCHEDULE.
A. As full payment for the Work and all rights described in this Agreement, City shall
pay the Artist/Vendor a total of One Thousand Five Hundred and 00/100th Dollars
($1,500.00), which shall constitute full compensation for the Work,including,but not
limited to fees;materials;applicable sales tax, as well as the associated rights described in
this Agreement.
B. City shall make the payment required in paragraph A within thirty(30) days after
Artist/Vendor transfers all electronic files and submits a billing or invoice to City.
3. ALTERATION, MODIFICATION AND DEACCESSIONING OF THE WORK.
A. City reserves the right to, and the Artist/Vendor hereby waives any right to prevent
City from,modifying, destroying or deaccessioning the Work if, after taking reasonable
steps to notify the Artist who originally created or authored the Work, City determines that
one or more of the following conditions.apply:
(1)the condition or security of the Work cannot be reasonably guaranteed;
(2)the Work requires excessive maintenance or has faults of design or workmanship
beyond practical repair or remedy;
(3)the Work has been damaged and repair is impractical or unfeasible;
Rev. 6.4.13 Page 1 of 3
(4)the Work endangers public safety;
(5)no suitable site is available, or significant changes in the use, character or design
of the site have occurred which affect the integrity of the Work;
(6) significant adverse reaction has continued unabated for more than three years;
(7)the Work is shown to be of an inferior quality or unauthentic;
(8) City wishes to replace the Work with another work by the Artist who originally
created or authored the Work; or
(9)the Artist who originally created or authored the Work requests modification or
deaccession of the Work.
B. If City decides to destroy the Work in accordance with this Section, City shall take
reasonable steps to offer the Artist who originally created or authored the Work an
opportunity to recover the Work at the Artist's expense in accordance with applicable law.
C. The Work shall be subject to the Visual Artists Rights Act of 1990, 17 U.S.C.
§§101, et seq.,and shall not constitute a work made for hire as provided in that Act.
4. TITLE AND OWNERSHIP.
A. Title to the Work shall transfer from Artist/Vendor to the City of Auburn with
City, or its designee, acting as custodian upon City's payment. Title transfer shall be self-
executing upon City's payment. The Artist/Vendor grants the City of Auburn with City,
or its designee, acting as custodian title to and ownership of the Work, including the right
to reproduce the Work, and images thereof, for research, scholarly and educational
purposes, including publicity and documentation within the usual functions of City at no
charge. City shall make reasonable efforts to ensure that reproductions or publications
that prominently feature the Work contain a credit to the Artist who originally created or
authored the Work. In the event that City's use of the Work creates trademark, service
mark or trade dress rights in connection with the Work, City shall have an exclusive and
irrevocable right in such trademark, service mark or trade dress. The Artist/Vendor agrees
to give credit in the following form: "Original owned by the City of Auburn,and displayed
at various locations throughout the City" in any public showing of any reproductions of the
Work.
B. Drawings, specifications, and models of the Work, or which relate to the Work
including all preliminary studies, shall be the property of the Artist/Vendor. They shall
not be used by the Artist/Vendor on other projects except pursuant to a subsequent
agreement in writing between the Artist/Vendor and City.
5. DISPUTE RESOLUTION. In case any dispute or controversy arises between the Artist/Vendor
and City,the parties may exercise those legal remedies in King County, Washington.
6. ENTIRE AGREEMENT,AMENDMENTS. This Agreement represents the entire agreement of
the parties. Any amendments to this Agreement shall be in writing, and shall be executed by the
same parties who executed the original Agreement,or their successors in office.
Rev. 6.4.13 Page 2 of 3
7. OTHER PROVISIONS.N/A
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
APPROVED:
1. ARTIST/VENDOR:
(auth a printed me)
Title --
�PS T
Date
3. CITY OF AUBURN
By authoriz gn ture and printed name) ^
Title
c.,
Date
Rev. 6.4.l 3 Page 3 of 3