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CITY OF EVERETT
<br /> PROFESSIONAL SERVICES AGREEMENT
<br /> THIS AGREEMENT made and entered into on this 14th day of May, 2007, 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 Paul Casey, whose address is 917 N. 50th Street, Seattle,
<br /> WA 98103, hereinafter referred to as the "Artist."
<br /> WHEREAS, the City desires to engage the Artist to design, fabricate and install an six,
<br /> ornamental, hand forged, wrought iron railings at Grand Avenue Park that depict the theme of
<br /> Everett's waterfront, Puget Sound environment and the historical and cultural aspects of the
<br /> neighborhood 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 design, fabricate six, ornamental, hand-forged wrought iron railings that are
<br /> functional and decorative to the extent described in Exhibit A in a competent and professional
<br /> manner and to provide any other services or goods described therein. The artwork is hereafter
<br /> referred to as "Work". Without a written directive of an authorized representative of the City,
<br /> the Artist shall not perform any services that are in addition to, or beyond the scope of, the Work.
<br /> If the Artist's proposal is attached as an exhibit, and if such proposal contains or incorporates
<br /> any conditions or terms in addition to or different from the terms of this Agreement, then the
<br /> Artist expressly agrees that such conditions or terms are neither incorporated nor included into
<br /> this Agreement between the City and Artist. The Work is subject to review, acceptance and
<br /> approval of the City 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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<br /> Railing.doc
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