Invisible Creature 12/30/2019 - Laserfiche WebLink

CITY CITY OF EVERETT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on this 26th day of November,2019, by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington(the"City"), and Skotdal Real Estate ("Skotdal"), both Skotdal and the City are hereinafter together referred to as the "Purchasers"and Invisible Creature, whose address is 22023 SE Wax Rd,#91, Maple Valley, WA 98038, hereinafter referred to as the "Artist." WHEREAS,the Purchasers desire to engage the Artist to Design and install a painted mural on a downtown building owned by Skotdal; 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 Purchasers hereby agree to engage the Artist, and the Artist hereby agrees to design and install 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 both Purchasers,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 Purchasers and Artist.The Work is subject to review, acceptance and approval of both Purchasers at their sole option and discretion. 2. Ownership. The Work shall be and remain for all purposes the property of the Purchasers. 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 Purchasers 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 a Purchaser or by a third party authorized by a Purchaser, 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 grants the Purchasers 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. 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