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env <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> y� <br /> EVERETT <br /> THIS AGREEMENT made and entered into on this?or- day of OC. ",go►9,by and between the <br /> CITY OF EVERETT,a municipal corporation under the laws of the State of Washington,hereinafter <br /> referred to as the"City," and HWA GeoSciences,whose address 21312 30th Drive SE, Suite 110 <br /> Bothell,Washington 98021.7010,hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to provide consulting services relating to <br /> mediation hearing for cleanup of the GTS Site on 36th Avenue for the City of Everett;and <br /> WHEREAS, Service Provider 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 manner; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of Service Provider. In a competent and professional manner, Service Provider shall <br /> provide the following services(hereafter referred to as"Work"): Prepare and attend mediation <br /> regarding the cleanup costs and insurance recovery for the former GTS Drywall Site on 36th <br /> Avenue. Without a written directive of an authorized representative of the City, Service Provider shall <br /> not perform any services that are in addition to,or beyond the scope of,the Work between the City and <br /> Service Provider. If Service Provider's proposal is attached as an exhibit, and if such proposal contains or <br /> incorporates any conditions or terms in addition to or different from the terms of this Agreement,then <br /> Service Provider expressly agrees that such conditions or terms are neither incorporated nor included into <br /> this Agreement between the City and Service Provider. <br /> 2. Intellectual Property Rights. Unless otherwise expressly agreed in writing,all intellectual property <br /> rights in works created pursuant to this Agreement,or for the City of Everett,belong to the City of <br /> Everett. Service Providerr retains any intellectual property rights in works created by Service Provider <br /> prior to engagement,or not for its performance of this Agreement. Service Provider expressly represents <br /> and warrants that the Work shall be original and shall not infringe on another's copyright,or rights in <br /> trade or service marks. Service Provider agrees to defend and indemnify City from any and all claims and <br /> damages arising out of this Agreement or the Work created hereunder. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as of the <br /> date of execution of this Agreement and shall be completed by December 31,2019. <br /> 4. Compensation. <br /> A. The City shall pay Service Provider only for completed Work and for services actually rendered which <br /> are described herein. Such payment shall be full compensation for Work performed or services rendered, <br /> including,but not limited to,all labor,materials,supplies,equipment,and incidentals necessary to complete <br /> the Work. <br /> B. Service Provider shall be paid such amounts and in such manner as follows:Hourly rate for Arnie <br /> Sugar at$270 per hour, and estimated at 12 hours for$3,240; administrative support at <br /> $80 per hour, and estimated at 4 hours for$240; or total labor at$3,560.00. <br /> Page 1 <br /> (Form Approved by City Attorney's Office January 1,2010,updated August 16,2019) <br />