Nicoli Q Dominn 5/4/2019 - Laserfiche WebLink

CITY CITY OF EVERETT PURCHASE AGREEMENT THIS AGREEMENT made and entered into on this fifteenth day of April, 2019, 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 Nicoli Q. Dominn, whose address is 2105 Chestnut St., Everett, WA 98201, 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 he painting and embellishing of a piano supplied by the City.The artwork is hereafter referred to as"Work". 2. Description of Art. artist paints and embellishes a piano supplied by the City to be used in the Street Tunes program.Artwork will be family-friendly. 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 $250.00. 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 2130 Colby Avenue 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