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<br /> <br />Page 1 <br />GeoEngineers PSA 2023 <br />CITY OF EVERETT <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />THIS AGREEMENT made and entered into on this 10th day of April, 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 GeoEngineers, Inc., whose address is 17425 NE Union Hill Road, <br />Redmond, WA 98052, hereinafter referred to as the “Service Provider.” <br /> <br />WHEREAS, the City desires to engage the Service Provider to provide Diking Improvement District <br />No. 5 permitting and monitoring technical support for the City of Everett; and <br /> <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 /> <br />NOW, THEREFORE, the parties herein do mutually agree as follows: <br /> <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 /> <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 Provider retains 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 /> <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 31, 2025.