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<br />(Form Approved by City Attorney’s Office January 7, 2010, updated December 2, 2022)
<br />CITY OF EVERETT
<br />PROFESSIONAL SERVICES AGREEMENT
<br />THIS AGREEMENT made and entered into on this 1st day of January, 2023, by and between the
<br />CITY OF EVERETT, a municipal corporation under the laws of the State of Washington,
<br />hereinafter referred to as the “City,” and NVL Laboratories Inc., whose address is 4708 Aurora Ave. N.,
<br />Seattle, WA, 98103, hereinafter referred to as the “Service Provider.”
<br />WHEREAS, the City desires to engage the Service Providerto provide Lead Based Paint (LBP) activities
<br />to include, but not limited to: XRF site testing/inspections, risk assessment, on-site management, air monitoring,
<br />clearance inspections, preparing LBP bid specifications, soliciting LBP contractors, and training contractors in “Safe
<br />Work Practices”activities 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. Unless otherwise expressly agreed in writing, 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 Providerretains any intellectual property rights in documents
<br />and 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 mutual execution of this Agreement and shall be completed by December 31st, 2024.
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