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CITY OF EVERETTI LI <br /> PROFESSIONAL SERVICES AGREEMENT EVERETT <br /> 12 tot p� <br /> THIS AGREEMENT made and entered into on this day of NO F, 2020, 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 Otak,whose address is 11241 Willows Road,Suite 200 Redmond, <br /> WA 98052, hereinafter referred to as the "Service Provider." <br /> WHEREAS, the City desires to engage the Service Provider to provide a Receiving Water Assessment <br /> and Surface Water Comprehensive Plan Update for the City of Everett; 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 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 - Scope of Work". The <br /> Scope of Work so identified is hereafter referred to as "Work". Without a written directive of an <br /> authorized representative of the City, the Service Provider shall not perform any services that are <br /> in addition to, or beyond the scope of, the Work. If the Service Provider's proposal is attached as <br /> an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or <br /> different from the terms of this Agreement, then the Service Provider expressly agrees that such <br /> conditions or terms are neither incorporated nor included into this Agreement between the City <br /> and Service Provider. If, and to the extent, the Work includes the design of a public work or <br /> improvement, in whole or in part, Service Provider's design shall be reasonably accurate,adequate <br /> and suitable for its intended purpose. <br /> 2. Intellectual Property Rights. Reports, drawings, plans, specifications and any other <br /> intangible property created in furtherance of the Work are property of the City for all purposes, <br /> whether the project for which they are made is executed or not, and may be used by the City for <br /> any purpose. Any reuse by the City of these reports, drawings,plans,specifications and intangible <br /> property for purposes other than in connection with the Work is at the sole risk of the City. Unless <br /> otherwise expressly agreed in writing, all intellectual property rights in such documents or <br /> intangible property created pursuant to this Agreement, or for the City of Everett, belong to the <br /> City of Everett. Service Provider retains any intellectual property rights in documents and <br /> intangible property created by Service Provider prior to engagement, or not created by Service <br /> Provider for its performance of this Agreement. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as <br /> of the date of execution of this Agreement and shall be completed by December 31,2021. <br /> Page 1 <br /> Otak 2020 <br />