Laserfiche WebLink
2 <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of , , 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 The Gordian Group, Inc, whose address is 140 <br /> Bridges Road, Suite E,Mauldin,SC 29662,hereinafter referred to as the "Service Provider." <br /> WHEREAS, the City desires to engage the Service Provider to provide Job Order Contracting("JOC") <br /> products and consulting services for the City of Everett; and <br /> WHEREAS, Service Provider currently provides JOC products and consulting services to the <br /> City of Bellevue, Washington, and Service Provider has agreed to extend to the City the same <br /> terms and conditions for the remaining term of Service Provider's contract with the City of <br /> Bellevue; and <br /> WHEREAS, Service Provider represented, and by entering into this Agreement now represents, <br /> that it is fully qualified to perform the work to be performed hereunder in a competent and <br /> professional manner; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of Service Provider. The City hereby agrees to engage the Service <br /> Provider, and the Service Provider hereby agrees, to perform the work in a competent and <br /> professional manner and provide the services described in the attached "Exhibit A - Scope of <br /> Work". The Scope of Work so identified is hereafter referred to as "Work". Without a written <br /> directive of an authorized representative of the City, the Service Provider shall not perform any <br /> services that are in addition to, or beyond the scope of, the Work. If the Service Provider'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 Service Provider <br /> expressly agrees that such conditions or terms are neither incorporated nor included into this <br /> Agreement between the City and Service Provider. If, and to the extent, the Work includes the• <br /> design of a public work or improvement, in whole or in part, Service Provider's design shall be <br /> reasonably accurate, adequate and suitable for its intended purpose. <br /> 2. Intellectual Property Rights. Subject to the JOC System License in Section 1.5 of <br /> Exhibit A, reports, drawings; plans, specifications and any other intangible property created in <br /> furtherance of the Work are property of the City for all purposes, whether the project for <br /> which they are made is executed or not, and may be used by the City for any purpose. Subject <br /> to the JOC System License in Section 1.5 of Exhibit A, all intellectual property rights in such <br /> documents or intangible property created pursuant to this Agreement, or for the City of Everett, <br /> belong to the City of Everett. Service Provider retains any intellectual property rights in <br /> documents and intangible property created by Service Provider prior to engagement, or not <br /> created by Service Provider for its performance of this Agreement. <br /> Page 1 <br /> Gordian Group,Inc.Professional Services Agreement(2014) <br /> 4 <br />