HomeMy WebLinkAbout2023-24 Sculpture Gallery Purchase Award Contract_Chuck_Fitzgerald.pdf - Docusign Envelope ID:88DOAA4F-8C2C-4552-8F12-60533B6F969B
AUBURN
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CITY OF AUBURN
PURCHASE CONTRACT
THIS AGREEMENT is made and entered into this 14 day of August
2024 by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Chuck Fitzgerald whose address 6603 88th St
East, Puyallup, WA, 98371 is herein referred to as "ARTIST".
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): _Silver Song
Artist's Name: _Chuck Fitzgerald
Year Completed:
Dimensions: _72 in. high, 40 in. wide, 30 in. deep
Medium: _Aluminum
Description of Work: "This is a sculptural representation of a hummingbird. It is aluminum
and stand 6 feet tall."
Examples of which are shown as Exhibit 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 Eight Thousand and 00/100t" Dollars ($8,000), 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
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Docusign Envelope ID:88DOAA4F-8C2C-4552-8F12-60533B6F969B
AUBURN
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workmanship beyond practical repair or remedy;
(3)the Work has been damaged and repair is impractical or unfeasible;
(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. 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.
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.
7. OTHER PROVISIONS. N/A
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
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Docusign Envelope ID:88DOAA4F-8C2C-4552-8F12-60533B6F969B
AUBURN
osov_t THAN you IMACiNty
APPROVED:
ARTIST
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^I�1 DocuSigned by:
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ChUCK Itzgerald, Artist
8/19/2024
DATE
CITY OF AUBURN
5DocuSigned by:
60(4 Falitx
Daryr ar'er,"Parks & Recreation Director
8/21/2024
DATE
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Docusign Envelope ID:88DOAA4F-8C2C-4552-8F12-60533B6F969B
EXHIBIT A
Photos of Artwork: "Silver Song"by Chuck Fitzgerald
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Rev. 8.14.24 Page 4 of 4