HomeMy WebLinkAbout2006-010 Agrmt - Alona Feather
CITY OF
ASHLAND
AGREEMENT FOR THE CREATION AND TRANSFER OF A WORK OF ART
This Agreement is between the City of Ashland, ("CITY") and Lonnie Feather, ("ARTIST")
effective December 15,2005.
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 Nourishing our Community in honor
of the McGee/Neill families at the corner of Lithia Way and Pioneer in Ashland.
AGREEMENT:
A. ARTIST shall prepare WORK in accordance with the invoice attached as Exhibit I.
B. WORK includes installation of Nourishing our Community.
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.
COMPENSATION:
Compensation is $19,000 for the work. Payments will be made in three separate increments:
Signed contract $6,000
Midway though fabrication $6,000
Final installation $7,000
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. S101 et seq. (the "copyright Law") including but not limited to 17 U.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
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
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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 in Ashland as a part of the
CITY OF ASHLAND, OREGON public Art Program.
DOCUMENTATION
ARTIST will provide CITY with appropriate documentation for Nourishing our Community,
including but not limited to photographs, maintenance requirements etc.
DEACCESSION
CITY reserves the right to move the piece to a new location and/or to remove the piece from
public display.
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.
TERMINATION:
In the event this agreement is terminated by the CITY, through no fault of the ARTIST, the
ARTIST is entitled to full reimbursement for all expenditures associated with the Agreement up
until the date of the termination notice.
In the event that this agreement is terminated by the ARTIST, through no fault of the CITY,
ARTIST will return all funds received from the CITY associated with the Agreement up until the
date of termination notice.
ADMINISTRATION OF AGREEMENT:
Administration of this agreement for the PARTIES shall be accomphshed by:
CITY of Ashland
Ann Seltzer, management Analyst
City Hall
20 East Main Street
Ashland, OR 97520
ARTIST
Lonnie Feather
1415 SE Tacoma Street
Portland, OR 97202
By: ~ . Q -+-~_o~
ARTIST
By: tLwl,NM~xST
Date: \ \ "3\ \ cb
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Date: I~- dl?- ')OOr
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
DAte..,
2/13/2006
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VENDOR: 010691
FEATHER, ALONA
DBA LONNIE FEATHER STUDIO
1415 SE TACOMA STREET
PORTLAND, OR 97202
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: MISCELLANEOUS
Contact: Ann Seltzer
Confirming? No
GliQtiiY 'Unit ., Des<:rJDtion Ul1itPrlCe ~t;~ti~
THIS IS A REVISED PURCHASE ORDER
Artist -, McGee Memorial Public Art 19,000.00
Commission
-
SUBTOTAL 19 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 19,000.00
ASHLAND, OR' 97520
~~~l,!it;NlIm~1' , ProjecfNumber Amount Account Number ProjfctjNumber ~mourit~J
E 1 1 0.99.00.00.60560( 1 9.000.00
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Au rized Signature
VENDOR COPY
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REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request: I~/~/ tJU I
Required Date of Delivery/Service: 1'1.:3 / /~ 1/ I
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
LOf)/1;~'_ f/~/
I L{ /-r '- r f l/lf.l1Ll1t{ JJit"pJ
A { tip /IA ~ Vi' r; /.UJ J-
~?n -.!)J '7 - U U <-jd--
SOLICITATION PROCESS
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Small Procurement o Sole Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Optional) o Quote or Prooosal attached
Cooperative Procurement 0 Reauest for Proposal
o State of ORflNA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special I Exempt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 Quote or Prooosal attached
0 Contract # 0 Emeraencv
0 Written findings attached
0 Quote or Proposal attached
Description of SERVICES
arW ~ JYll'('t;<t.- /Ylf},nt};tLl jJuJ//~ /It t ~Ji,0/l
o Per attached PROPOSAL
Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number _ _ _ _ _ _' _ __
o Per attached QUOTE
Account Number 1112. 9f. ttJ. aJ..bb:-/1JiJ
* Items and services must be charged to the appropriate account numbers for the financials to ref/ect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland pub/'
and the documentation can be provided upon request.
Employee Signature: ~,D y~ ) Supervisor/Dept. Head Signature:
G: FinanceIProcedureIAPlFonns\8_Requisition form revised.doc
Updated on: 2/212006
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