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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 28 Day of Jan 2023 by and between the
<br />CITY OF EVERETT, a municipal corporation under the laws of the State of Washington,
<br />hereinafter referred to as the "City," and Urban Artworks, whose address is 815 Seattle Blvd S
<br />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, facilitate design and file handling, advise on installation best practices, liason
<br />between City and subcontracted artist(s) 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, facilitate design
<br />and file handling, advise on installation best practices, liason between City and subcontracted
<br />artist(s)s to the extent described in Exhibit A in a competent and professional manner and to
<br />provide any other services or goods described therein. The artwork is hereafter referred to as
<br />“Work”. Without a written directive of an authorized representative of the City, the Artist shall
<br />not perform any services that are in addition to, or beyond the scope of, the Work. If the Artist’s
<br />proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or
<br />terms in addition to or different from the terms of this Agreement, then the Artist expressly
<br />agrees that such conditions or terms are neither incorporated nor included into this Agreement
<br />between the City and Artist. The Work is subject to review, acceptance and approval of the City
<br />at its sole option and 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.
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