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U <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of , 2004, by and <br /> between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and Bruce Barstow, d/b/a Dog Day Afternoon, whose address is <br /> 1417 1/2 9th Street, Marysville, WA 98270, hereinafter referred to as the "Contractor." <br /> WHEREAS, the City desires to engage the Contractor to provide food and beverage services at Everett <br /> Station for the City of Everett; and <br /> WHEREAS, Contractor 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 Contractor. The City hereby agrees to engage the Contractor, and the Contractor <br /> hereby agrees, to perform the work in a competent and professional manner and provide the services <br /> described in the attached "Exhibit A - Scope of Work". The Scope of Work so identified is hereafter <br /> referred to as "Work". Without a written directive of an authorized representative of the City, the <br /> Contractor shall not perform any services that are in addition to, or beyond the scope of, the Work. <br /> 2. Term. This Agreement shall commence as of the date of execution of this Agreement and shall <br /> end on December 31, 2004. <br /> 3. Compensation. No compensation shall be due to the City during the first thirty days of this <br /> Agreement. After thirty days of operations, Contractor and City shall negotiate compensation. If the <br /> parties cannot agree on compensation, either party may terminate this Agreement by giving the other <br /> Notice, as provided in paragraph 7. If compensation is agreed, then the parties shall memorialize such <br /> agreement in a form substantially equivalent to Exhibit B, which shall then be considered a part of this <br /> Agreement. <br /> 4. Termination of Contract. City reserves the right to terminate this Agreement at any time by <br /> sending written notice of termination to Contractor ("Notice"). The Notice shall specify a termination <br /> date ("Termination Date") at least three (3) calendar days after the date the Notice is issued. The <br /> Notice shall be effective ("Notice Date") upon the earlier of either actual receipt by Contractor <br /> (whether by fax, mail, delivery or other method reasonably calculated to be received by Contractor in a <br /> reasonably prompt manner) or three calendar days after issuance of the Notice. Upon the Notice Date, <br /> Contractor shall immediately commence to end the Work in a reasonable and orderly manner. The <br /> Notice shall be sent by the United States Mail to Contractor's address provided herein, postage prepaid, <br /> certified or registered mail, return receipt requested, or by delivery. In addition, the Notice may also <br /> be sent by any other method reasonably believed to provide Contractor actual notice in a timely • <br /> manner, such as fax. The City does not by this section waive, release or forego any legal remedy for <br /> any violation, breach or non-performance of any of the provision of this Agreement. <br /> r <br />