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Public Art Professional Services Agreement (2021) 3 <br />an authorized City representative prior to the Artist incurring the expense. If, and to the extent, <br />overnight lodging in western Washington is authorized, Artist is strongly encouraged to lodge <br />within the corporate limits of City. When authorized, Artist will be reimbursed 100% of lodging <br />expense, if lodged within the corporate limits of the City, but Artist will be reimbursed 50% of <br />lodging expense when lodged outside the corporate limits of the City. If authorized, the City may <br />(at its sole option) obtain or arrange air travel for the Artist. <br /> <br /> C. Total compensation, including all services and expenses, shall not exceed a maximum of <br />$13,000 <br /> <br /> D. If Artist fails or refuses to correct its work when so directed by the City, the City may <br />withhold from any payment otherwise due an amount that the City in good faith believes is equal <br />to the cost to the City of correcting, re-procuring, or remedying any damage caused by Artist’s <br />conduct. <br /> <br />7. Method of Payment. <br /> A. To obtain payment, the Artist shall (a) file its request for payment, accompanied by <br />evidence satisfactory to the City justifying the request for payment (b) to the extent reimbursement <br />of Eligible Expenses is sought, submit itemization of such expenses and, if requested by the City, <br />copies of receipts and invoices; and (c) comply with all applicable provisions of this Agreement. <br /> <br /> B. All requests for payment should be sent to: <br /> <br /> City of Everett <br /> Attn: Tyler Chism <br /> 2930 Wetmore Ave., 10-A <br /> Everett, WA 98201 <br /> <br />8. Submission of Reports and Other Documents. The Artist shall submit all reports and other <br />documents specified in Exhibit A. Said information shall be subject to review by the City, and if <br />found to be unacceptable, Artist shall correct and deliver to the City any deficient Work at Artist’s <br />expense with all practical dispatch. Artist shall abide by the City’s determinations concerning <br />acceptability of Work. <br /> <br />9. Termination of Contract. City reserves the right to terminate this Agreement at any time by <br />sending written notice of termination to Artist (“Notice”). If the termination is due to any breach <br />or default by the Artist, the City shall first notify the Artist of the breach or default, and allow the <br />Artist a reasonable period of time to cure the default or breach. The Notice shall specify a <br />termination date (“Termination Date”) at least fourteen (14) days after the date the Notice is issued. <br />The Notice shall be effective (“Notice Date”) upon the earlier of either actual receipt by Artist <br />(whether by fax, mail, email, delivery or other method reasonably calculated to be received by <br />Artist in a reasonably prompt manner) or three calendar days after issuance of the Notice. Upon <br />the Notice Date, Artist shall immediately commence to end the Work in a reasonable and orderly <br />manner. Unless terminated for Artist’s material breach, the Artist shall be paid or reimbursed for: <br />(a) all hours worked and Eligible Expenses incurred up to the Notice Date, less all payments <br />previously made; and (b) those hours worked and Eligible Expenses incurred after the Notice Date,