Marta Niemann 12/29/2017 - Laserfiche WebLink

CITY CITY OF EVERETT PURCHASE AGREEMENT THIS AGREEMENT made and entered into on this 30th day of November,2017,by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington,hereinafter referred to as the "City,"and Marta Niemann, whose address is 2012 Grand Ave.,Everett, WA 98201 and email is fivehouse@aol.com, hereinafter referred to as the "Artist." NOW,THEREFORE,the parties herein do mutually agree as follows: 1. Purchase of Art. The City hereby agrees to purchase from the Artist an artwork representational of Sorticulture. The artwork is hereafter referred to as"Work". 2. Description of Art. The Work by will evoke the feeling of summer to be used as the focal point of the Sorticulture 2018 marketing campagin.A selection of the Work will be decided by January 15,2018. 3. Ownership. The Work shall be and remain for all purposes the property of the City. The Artist shall own any and all copyrights in the Work. For non-commercial or nonprofit purposes, including,but not limited to, education, public relations,arts promotion, and publicity,the Artist hereby grants the City an irrevocable, non-transferable,non-assignable license in perpetuity to reproduce the Work, electronically, graphically or otherwise. Each such reproduction,whether by the City or by a third party authorized by the City, shall clearly and legibly identify the Artist as the creator of the Work. The Artist also agrees that reproductions of the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall identify the Work as part of the City of Everett, Washington Public Art Collection. The Artist also grants the City an irrevocable, non-transferable, non-assignable license to reproduce the Work in whole or in part for the purposes of repairing the Work or replacing part of the Work if the Work is damaged. 4. Artist's Representations and Warranties. Artist expressly represents and warrants that the Work is original and has not infringed on another's copyright, or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work created hereunder. 5. Compensation. Total compensation including all services, expenses and applicable taxes, shall not exceed $500.00. 6. Method of Payment. To obtain payment,the Artist shall file its request for payment.All requests for payment should be sent to: City of Everett Attn: Carol Thomas 2930 Wetmore Ave, Suite 10-A Everett, WA 98201 7. Waiver of Certain Rights. A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is incorporated or made part of a building. In the event the City determines the Work must be moved, relocated, repaired or modified,the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such movement, repair, relocation or modification. If the City, in its discretion, determines to move, modify, repair, or relocate the Work, the Artist shall have the right to require the City to remove any attribution of the