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CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 28th day of September, 2017, by and <br /> between the CITY OF EVERETT, a municipal corporation under the laws of the State of <br /> Washington, hereinafter referred to as the "City," and Christine Clark, whose address is 4020 NE <br /> Rosa Parks Way, Portland, OR. 97211, hereinafter referred to as the "Artist." <br /> WHEREAS,the City desires to engage the Artist to create artwork 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 and install a suspended artwork for the Evergreen Branch <br /> Library 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. <br /> 3. Artist's Representation and Warrant. Artist expressly represents and warrants that the <br /> Work shall be original and shall not infringe on another's copyright, or rights in trade or service <br />