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CITY OF EVERETT <br />PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT made and entered into on this 2nd day of November, 2009, 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 Evergreen Professional Recoveries, Inc., whose address 12100 NE 195th <br />Street, Suite 325, Bothell, WA 98011, hereinafter referred to as the "Service Provider." <br />WHEREAS, the City desires to engage Service Provider to provide professional collections services for <br />the City of Everett's uncollectible checks and delinquent accounts; 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. <br />A. In a competent and professional manner, Service Provider shall provide the following services <br />(hereafter referred to as "Work"): Professional collection services foi uncollectible checks and delinquent <br />accounts. In this Agreement, checks and accounts are collectively referred to as "accounts." Service <br />Provider shall exercise due diligence and good faith in attempting collection of assigned checks and <br />accounts. <br />B. Service Provider shall perform Work in compliance with the terms of Service Provider's Proposal <br />attached as Exhibit A to th's Agreement, except to the extent that the Service Provider's Proposal <br />conflicts with or imposes less stringent requirements on Service Provider than this Agreement, in which <br />case this Agreement controls, In no event does any provision of Service Prov der's Pi oposal (1) impose <br />on the City any liability, obligation, payment requirement, duty, or responsibility of any kind; (2) waive <br />or limit any right the City may have under this Agreement of applicable law; or (3) release Service <br />Provider from any liability, obl gation, duty, or responsibility under this Agreement or applicable law. <br />C. Without a written directive of an authorized representative of City, Service Provider shall not <br />perform any services that are in addition to, or beyond the work described in this Agreement. <br />2. Time of Beginning and Completion of Performance. This Agreement shall commence as of the <br />date of execution of this Agreement and shall continue in effect until terminated as provided herein. <br />3. Assignment of Accounts. City agrees to periodically list accounts with Service Provider for <br />collection. In assigning accounts to Service Provider, City assigns all rights and claims to collect the <br />account on its behalf for a period of not less than six months. City agrees that each account listed is <br />assigned. Service Providei may initiate legal action against a debtor to collect an account, on cond tion <br />that the Service Provider delivers to City written notice of such legal action at least sixty (60) days before <br />Service Provider initiates the legal action. <br />When an account is assigned, Service Provider shall provide a detailed acknowledgment within three (3) <br />working days to City. Service Provider will also provide othe 'seasonable status and activity reports as <br />requested by City. Service Provider shall comply with all applicable laws in collecting accounts. Service <br />Provider will provide all notices requi ed by state law for the addition of collection costs to the principal <br />amount owed <br />1 <br />