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CITY OF EVERETT
<br /> PROFESSIONAL SERVICES AGREEMENT EVERETT
<br /> THIS AGREEMENT made and entered into on this I a` day of/'n�,2021,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 Lincoln Loehr,whose address P.O. Box 226, Winthrop, WA 98862,
<br /> hereinafter referred to as the"Service Provider."
<br /> WHEREAS,the City desires to engage Service Provider to provide assistance on matters mostly
<br /> related to Clean Water Act issues 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"): Provide technical assistance in
<br /> review, analysis, and commenting on matters, including but not limited to,NPDES permitting,
<br /> state and federal regulatory developments,revisions to water quality standards, impaired waters
<br /> determinations,total maximum dailyloads, toxics loadings and monitoring, sediment
<br /> contamination, chemicals of concern, and other matters as identified and requested by the City.
<br /> Without a written directive of an authorized representative of the City,Service Provider shall not perform
<br /> any services that are in addition to,or beyond the scope of,the Work between the City and Service
<br /> 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 Provider 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 mutual execution of this Agreement and shall be completed by December 31, 2025.
<br /> 4. Compensation.
<br /> A. The City shall pay Service Provider only for completed Work and for services actually rendered
<br /> which are described herein. Such payment shall be full compensation for Work performed or services
<br /> rendered, including,but not limited to,all labor,materials,supplies,equipment,and incidentals necessary
<br /> to complete the Work.
<br /> B. Service Provider shall be paid such amounts and in such manner as follows: Service Provider
<br /> shall provide monthly statements documenting hours and expenses. If hours and
<br /> Page 1
<br /> (Form Approved by City Attorney's Office January 1,2010,updated November 4,2020)
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