2007/08/29 Council Agenda Packet

• • 3. Artist's Representation and Warrant. Artist expressly represents and warrants that the Work shall be original and shall not infringe on another's copyright, or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work created hereunder. 4. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date of execution of this Agreement and shall be completed by September 24, 2007. 5. Compensation. A. The Artist shall be paid such amounts and in such manner as described in Exhibit B. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete the Work. B.Artist may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in writing by an authorized City representative prior to the Artist incurring the expense. C. Total compensation, including all services and expenses, shall not exceed a maximum of $21,000. D. If Artist fails or refuses to correct its work when so directed by the City, the City may withhold from any payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of correcting, re-procuring, or remedying any damage caused by Artist's conduct. 6. Method of Payment. A. To obtain payment, the Artist shall (a) file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment (b) to the extent reimbursement of Eligible Expenses is sought, submit itemization of such expenses and, if requested by the City, copies of receipts and invoices; and (c) comply with all applicable provisions of this Agreement. B. All requests for payment should be sent to: City of Everett Attn: Susan Francisco 2930 Wetmore Ave., 10-A Everett, WA 98201 S:\CMorris\Public Art\1%Art Projects 2007\Grand Avenue Railing\Contract with Paul Case for Decorative Railing.doc