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CITY <br /> CITY OF EVERETT <br /> PARIUNG MANAGEMENT SERVICES AGREEMENT EVERETT <br /> THIS AGREEMENT made and entered into on this .4 day of 9'ii.g Gcgle,by and between <br /> the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and Downtown Everett Association, whose address is 2707 <br /> Colby Avenue, Suite F, Everett, WA 98201,hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City issued Request For Proposal#2019-124 in order to select a manager for the <br /> City's Everpark Garage (the"RFP"); <br /> WHEREAS, as a result of the RFP, the City desires to engage the Service Provider to provide <br /> Everpark Garage Parking Management Services to conduct the day-to-day operation for the <br /> Everpark Garage; and <br /> WHEREAS, the Service Provider represented, and by entering into this Agreement now <br /> represents,that it is fully qualified to perform the work to be performed hereunder in a competent <br /> and 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 Provider, <br /> and the Service Provider hereby agrees, to perform the work in a competent and professional <br /> manner and provide the services described in the attached Exhibit A (the "Work"). By this <br /> Agreement, the City as principal engages Service Provider as its agent to operate the Everpark <br /> Garage as set forth in the Work. All Work shall be performed to the satisfaction of the City' s <br /> Representative or his/her designee. Without a written directive of an authorized representative of <br /> the City,the Service Provider shall not perform any services that are in addition to, or beyond the <br /> scope of, the Work. In addition, the City has rights and obligations as set forth in the attached <br /> Exhibit A, including without limitation Section 11 of Exhibit A. <br /> 2. Agreement/Order of Precedence. This Agreement includes (A)this executed Parking <br /> Management Services Agreement document, (B)the attached Exhibit A,and(C)the attached <br /> Exhibit B,which includes Service Provider's proposal response to the RFP (all items attached as <br /> Exhibit B collectively,the"Proposal"). In the event of a conflict between parts of this <br /> Agreement, and for purposes of interpretation to determine the duties,understandings, <br /> agreements and responsibilities between the parties,the order of precedence of the parts of this <br /> Agreement is: (1)this executed Parking Management Services Agreement document, (2) <br /> attached Exhibit A,and(3)attached Exhibit B. If this Agreement contains different provisions <br /> relating to the same subject matter,the provisions most stringent on the Service Provider control. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as <br /> of July 1, 2020, and shall be completed by June 30, 2023. For the purposes of this Agreement, a <br /> "Contract Year" is from July 1 to June 30, so that there are three Contract Years during the base <br /> term of this Agreement: July 1, 2020 to June 30,2021; July 1, 2021 to June 30,2022; and July 1, <br /> 2022 to June 30, 2023. <br /> Page 1 <br /> PARKING MANAGEMENT SERVICES AGREEMENT <br />