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4 <br /> D. Other services consistent with state law applicable to BIAs and Ordinance No. 2097- <br /> 95 as recommended by the Contractor or by an advisory board duly constituted in accordance <br /> with Section 11 of Ordinance No. 2007-95 and agreed to by the City and the Contractor. <br /> E. Without a written directive of an authorized representative of the City, the Contractor <br /> shall not perform any services that are in addition to, or beyond the scope of, the Work between <br /> the City and Contractor. <br /> 2. Intellectual Property Rights. Unless otherwise expressly agreed in writing, all intellectual <br /> property rights in works created pursuant to this Agreement, or for the City of Everett, belong to <br /> the City of Everett. Contractor retains any intellectual property rights in works created by <br /> Contractor prior to engagement, or not for its performance of this Agreement. <br /> 3. Extension of Previous Contract and Time of Beginning and Completion of <br /> Performance Under Current Contract. The parties acknowledge that they operated under a <br /> previous agreement similar to this agreement, dated, December 11, 2001, which terminated <br /> December 31, 2003. The parties confirm that services provided by Contractor from January 1, <br /> 2004 until the execution of this agreement are covered by the December 11, 2001 agreement and <br /> its terms are extended until this agreement commences. This Agreement shall commence as of <br /> the date of its execution and shall be completed by December 31, 2004 unless extended or <br /> terminated pursuant to Paragraphs 5 and/or 6. <br /> 4. Compensation. <br /> A. Services Performed. The Contractor shall be paid by the City only for completed Work <br /> and for services actually rendered which are described herein. Such payment shall be full <br /> compensation for Work performed or services rendered, including, but not limited to, all labor, <br /> materials, supplies, equipment and incidentals necessary to complete the Work. <br /> B. Payments to Contractor. The Contractor shall be paid such amounts and in such manner <br /> as follows: Fifty Seven Thousand Five Hundred Dollars ($57,500.00). Such payment shall be <br /> made in monthly payments. Such payment shall be full compensation for work performed or <br /> services rendered and for all labor, materials, supplies, equipment and incidentals necessary to <br /> complete the work. <br /> C. Maximum Compensation. Total compensation, including all services and expenses, shall <br /> not exceed a maximum of Fifty Seven Thousand Five Hundred Dollars ($57,500.00). <br /> D. Shortfall of Funds. Funds available for services to be rendered pursuant to this <br /> Agreement are limited. Should insufficient funds be available to fully fund the services agreed to <br /> by the parties, City reserves the right to reduce the monthly payment to Contractor. Should the <br /> monthly payment be reduced by the City due to insufficient funds available, Contractor and City <br /> shall mutually agree on the type and amount of services which are to consequently be reduced or <br /> eliminated. <br /> E. Surplus Funds. Assessment amounts paid to Contractor at the end of any year which are <br /> surplus and over and above the amounts expended by Contractor in carrying out its duties may be <br /> taken into account by the City in determining the amount of the assessment for the BIA in <br /> subsequent years. In the alternative, the City may require Contractor to fund expenditures in <br /> 2 <br /> i 7 <br />