HomeMy WebLinkAboutGreg Bartolk 3.Ilo.s
CITY OF AUBURN
PURCHASE CONTRACT
This Agreement is made by and between the City of Auburn, ( "City "), and Greg Bartol
( "Artist/Vendor ").
WHEREAS, the City has selected and decided to purchase the Artist/Vendor's pre- existing
work of art described below; and
WHEREAS, the Artist/Vendor wishes to have the purchase price for his artwork go be paid
to the Green River Foundation;
NOW, THEREFORE, the parties hereby agree as follows:
1. DESCRIPTION OF ARTWORK. The Artist /Vendor hereby sells and conveys to the City the
following work(s) of art and associated rights described in this Agreement:
Title(s): Silverware Ostrich
Artist's Name: Greg Bartel
Year Completed: 2014
Dimensions: 8.5' x 4' x 4'
Medium: Reclaimed Silverware and Steel
Description of Work: Lifesized Ostrich with the feathers made from reclaimed silverware
including spoons, knives and forks.
Examples of which are shown as Exhibit A.
The above work of art is hereafter referred to as the "Work." Except as expressly stated
herein, the City shall have all rights to the use, display, siting, possession and ownership of
the Work.
2. PRICE AND PAYMENT SCHEDULE.
A. As full payment for the Work and all rights described in this Agreement, the City
shall pay the Green River Foundation a total of Ten Thousand Dollars (S 10,000.00), 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. The City
shall inform the Green River Foundation that the payment is on behalf of the Artist/Vendor.
The ArtistNendor acknowledges that according to this agreement she will not receive any
funds from the City for purchase of the artwork.
B. The 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 the City.
3. ALTERATION. MODIFICATION, AND DEACCESSIONING OF THE WORK.
A. The City reserves the right to, and the Artist/Vendor hereby waives any right to
prevent the City from, modifying, destroying or deaccessioning the Work if, after taking
reasonable steps to notify the Artist who originally created or authored the Work, the City
determines that one or more of the following conditions apply:
Rev. 9.30.14 Page 1 of
(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;
(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 and ownership to the Work shall transfer from the Artist/Vendor to the City
of Auburn upon City's payment to the Foundation. Title transfer shall be self - executing
upon the City's payment to the Foundation. The Artist/Vendor grants the City of Auburn
al rights attendant to title to and ownership of the Work, including but not limited to 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. 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 the City, either party may take action to seek legal and /or equitable remedies in the Superior
Court of King County, Washington.
Rev. 9.30.14 Pave 2 of 4
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.
APPROVED:
1. ARTIST/VENDOR:
By (authorized signature and printed nape)
Greg Bartol
Title
Artist
Date
L. LA I Y VH AUH
CITY OF AUBURN
Attest:
Danielle E. Daskam, Citv Clerk
to
Daniel B.
Date: 1c) - 8 12015
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