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HomeMy WebLinkAbout2005-259 Agrmt - Illahe Tileworks CITY Of ASHLAl\rD AGREEMENT FOR THE CREATION AND TRANSFER OF A WORK OF ART This Agreement is between the City of Ashland, ("CITY") and Susan Springer, ("ARTIST") effective November 17,2005. RECITALS: A. CITY acts to create work of art in/on city-owned property and install work of art. B. ARTIST has been selected to create and install mosaic inlay at Calle Guanajuato Overlook AGREEMENT: A. ARTIST shall prepare WORK in accordance with the invoice attached as Exhibit I. B. WORK includes installation of mosaic. EFFECTIVE DATE: This agreement shall be effective as of the above date. Artist agrees to complete the work no later than the June 30, 2006. COMPENSA TION: Compensation is $5,635 for the work. OWNERSHIP OF WORK/COPYRIGHT: A. OWNERSHIP The WORK created under this agreement shall be the property of the CITY. B. COPYRIGHT The ARTIST shall retain copyright, but shall make no exact duplications to full scale of the WORK at another location. All copyright and further reproduction rights to the WORK shall remain with the ARTIST. C. Protection of COPYRIGHT City understands that the copyright to the WORK remains with ARTIST and that the copyright is not transferred to the CITY unless otherwise stated in writing by ARTIST. The CITY is not liable for third party violation of the copyright. D. COPYRIGHT CLAIMS Artist hereby agrees that ARTIST shall give CITY written notice prior to asserting any claim pertaining to the specific WORK referenced herein which may arise pursuant to 17 U.S.c. S 1 01 et seq. (the "copyright Law") including but not limited to 17 D.S.C. 106A (E) the "Visual Artists'Rights Act". REPRODUCTIONS: The ARTIST shall allow the CITY to make and authorize the making of photographs and other two-dimensional reproductions of the WORK for educational, public relations, arts promotional and other limited commercial purposes for as long as the CITY owns the work. On any such 1 and other limited commercial purposes for as long as the CITY owns the work. On any such reproductions, the CITY will acknowledge the ARTIST's authorship and provide copyright notification in compliance with the U.S. copyright law. In the event CITY wishes to use WORK for commercial purposes, CITY shall contact ARTIST so that a separate agreement may be negotiated. CREDITS: The ARTIST also agrees that photographic reproductions of the WORK made by ARTIST for publicity purposes shall refer to the fact that the WORK is installed at the Calle Guanajuato staircase under the CITY OF ASHLAND, OREGON public Art Program. WARRANTY, LOSS OR DAMAGE: ARTIST warrants that the work is and will be the original product of ARTIST'S own creative efforts and does not infringe on any third party's copyrights or other intellectual property rights. ADMINISTRATION OF AGREEMENT: Administration of this agreement for the PARTIES shall be accomplished by: CITY of Ashland Ann Seltzer, management Analyst City Hall 20 East Main Street Ashland, OR 97520 ARTIST Susan Springer Illahe Tileworks 500 'A'; Street #3 Ashland, OR ~ 520 " Date: 11/2-3/05-- By: ,/' ,/ ) ~ By: UA /fA] j~ ' - M AG ENT ANALYST Date: 11//7 //J?)" f / By: to form: /-;r? ,.~'" /d~~ 1'/ ; . tt~m y/ . I Date: ;~/j'r()-- 2 ILLAHE TILEWORKS 695 Mistletoe Rd. #F ASHLAND, OREGON 97520 (1.)41) 488.5072 Fa (541) 488.2741 BILL TO: ",'IT"",: tI"" ~ City of MIami Public ArtCormuission 20 E. Mal>> 8t Ashland, OR91S20 INVOICE DATE 1119/2005 SHIP TO: City of Ashland Public Art Commission 20 E. Main 8t Ashland, OR 97520 INVOICE # 6900 ustom commis... mmission/ mural or art piece fmal payment for . stallation for "Rio Amistad" STALLATION includes mosaic piece lacement, mortar and grouting, materials and labor inal Payment Calle Guanajuato Overlook ~ ~t:/L) TOTAL HOOUCT 13055T FOLD AT (>1 TO AT COMPAIIION 9308 OU-O-VUE ENVELOPf. /,.,.,./ To Reorder: 800-225-6380 or nebs.com HlIlTEO IN U.S.A. B 5,635.00 . SS,635.00 . CITY RECORDER'S COpy Page 1 / 1 ~~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 009477 ILLAHE TILEWORKS, SUSAN SPRINGER 695 MISTLETOE ROAD #F ASHLAND. OR 97520 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Dept.: MISCELLANEOUS Contact: Ann Seltzer Confirming? No Final Payment for Installation of Public Art Calle Overlook 5,635.00 AQreement for the Creation and Transfer of a Work of Art Effective: November 17. 2005 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND. OR 97520 SUElTOTAL TAX FI~EIGHT TOTAL 5 /~ ) .. / L /7- --- VENDOR COpy for a Purchase Order REQUISITION FORM CITY OF AS]f-I LAN D THIS REQUEST IS A: D Change Order(existing PO # Date of Requl~st: ~tl.~Zg ~<<I Required Date of Delivery/Service: Il;).i-~J. os- . . J Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name \~/} J;p/I\f)qw -Ul"),,o Ti ~.iA90d ~Gyt);\~t~q/~ _?f= l.( ~fi - 5"l)) L SOLICITATION PROCESS Small Procurement D Sole Source D Invitation to Bid D Less than $5,000 D Written findings attached (Copies on file) D Quotes (Optional) D Quote or Prooosal attached Cooperative Procurement D Reauest for Proposal D State of ORIWA contract (Copies on file) Intermediate Procurement D Other govemment agency contract D Special I Exempt D (3) Written Quotes D Copy of contract attached D Written findings attached (Copies attached) D Quote or Proposal attached D Contract # D Emergency D Written findings attached D Quote or Proposal attached Description of SERVICES ~'Il~ fA1P<<J-;o1 ~ J.{ rJj}L kt (1Jllie.. VJe"t~~{<.... D Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number J.2-J)D~__qCfCJ Account Number LJiL .11. ~. fil. jpj)Sj~f) D * Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately. o Per attached QUOTE By signing /his requisffion form, I cerlify /hat the information provided above meets the City of Ashland 'ira and the documentation can be provided upon request. Employee Slgnalure: ~ ~ Supervisor/Dept. Head Slgnalure: G: Finance\ProcedureIAP\Fonns\8_Requisition fonn revised.doc Updated on: 11/28/2005