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Public Art Professional Services Agreement (2021) 1 <br />CITY OF EVERETT <br />PROFESSIONAL SERVICES AGREEMENT <br />(PUBLIC ART) <br />THIS AGREEMENT made and entered into on this 12 day of September, 2022, by and <br />between the CITY OF EVERETT, a municipal corporation under the laws of the State of <br />Washington, hereinafter referred to as the "City," and Urban Artworks, whose address is 815 <br />Seattle Blvd S B7 98134, hereinafter referred to as the "Artist." <br />WHEREAS, the City desires to engage the Artist to Project consulting, facilitate call to artists <br />and artist selection, and provide materials for a public art painting project on the Pacific Avenue <br />Bridge columns for the City of Everett; and <br />WHEREAS, Artist represented, and by entering into this Agreement now represents, that it is <br />fully qualified to perform the work to be performed hereunder in a competent and professional <br />manner; <br />NOW, THEREFORE, the parties herein do mutually agree as follows: <br />1.Engagement of Artist. The City hereby agrees to engage the Artist, and the Artist <br />hereby agrees to Project consulting, facilitate call to artists and artist selection, and provide <br />materials for a public art painting project on the Pacific Avenue Bridge columns to the extent <br />described in Exhibit A in a competent and professional manner and to provide any other services <br />or goods described therein. The artwork is hereafter referred to as “Work”. Without a written <br />directive of an authorized representative of the City, the Artist shall not perform any services that <br />are in addition to, or beyond the scope of, the Work. If the Artist’s proposal is attached as an <br />exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or <br />different from the terms of this Agreement, then the Artist expressly agrees that such conditions <br />or terms are neither incorporated nor included into this Agreement between the City and Artist. <br />The Work is subject to review, acceptance and approval of the City at its sole option and <br />discretion. <br />2.Ownership. The Work shall be and remain for all purposes the property of the City. The <br />Artist shall own any and all copyrights in the Work. For non-commercial or nonprofit purposes, <br />including, but not limited, education, public relations, arts promotion, and publicity, the Artist <br />hereby grants the City an irrevocable, non-transferable, non-assignable license in perpetuity to <br />reproduce the Work, electronically, graphically or otherwise, including, but not limited to, the <br />artwork proposal and all preliminary studies, models and maquettes. Each such reproduction, <br />whether by the City or by a third party authorized by the City, shall clearly and legibly identify <br />the Artist as the creator of the Work, and preliminary studies, models and models shall not be <br />identified or represented to be the finished Work. The Artist also agrees that reproductions of <br />the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall <br />identify the installation of the Work as part of the City of Everett, Washington Public Art <br />Collection. The Artist also grants the City an irrevocable, non-transferable, non-assignable <br />license to reproduce the Work in whole or in part for the purposes of repairing the Work or <br />replacing part of the Work if the Work is damaged.