2007/08/08 Council Agenda Packet

8 CITY OF EVERETT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on this 28th day of May, 2007, by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Glen Anderson,whose address is 816 Jackson Avenue, Vancouver, B.C., Canada V6A3Cl hereinafter referred to as the "Artist." WHEREAS,the City desires to engage the Artist to design, fabricate and install an original inlay for the new plaza overlook at Grand Avenue Park for the City of Everett; and WHEREAS, Artist represented,and by entering into this Agreement now represents, that it is fully qualified to perform the work to be performed hereunder in a competent and professional manner; NOW, THEREFORE, the parties herein do mutually agree as follows: 1. Engagement of Artist. The City hereby agrees to engage the Artist, and the Artist hereby agrees to design, fabricate and install an original mosaic inlay to be inset into the new plaza overlook at Grand Avenue Park to the extent described in Exhibit A in a competent and professional manner and to provide any other services or goods described therein. The artwork is hereafter referred to as "Work". Without a written directive of an authorized representative of the City, the Artist shall not perform any services that are in addition to, or beyond the scope of, the Work. If the Artist's proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this Agreement, then the Artist expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement between the City and Artist. The Work is subject to review, acceptance and approval of the City at its sole option and discretion. 2. Ownership. The Work shall be and remain for all purposes the property of the City. The Artist shall own any and all copyrights in the Work. For non-commercial or nonprofit purposes, including, but not limited, education,public relations, arts promotion, and publicity, the Artist hereby grants the City an irrevocable, non-transferable, non-assignable license in perpetuity to reproduce the Work, electronically, graphically or otherwise, including, but not limited to, the artwork proposal and all preliminary studies, models and maquettes. Each such reproduction, whether by the City or by a third party authorized by the City, shall clearly and legibly identify the Artist as the creator of the Work, and preliminary studies, models and models shall not be identified or represented to be the finished Work. The Artist also agrees that reproductions of the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall identify the installation of the Work as part of the City of Everett, Washington Public Art Collection. The Artist also grants the City an irrevocable, non-transferable, non-assignable license to reproduce the Work in whole or in part for the purposes of repairing the Work or replacing part of the Work if the Work is damaged. I 9