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b) Undertake and accomplish action steps associated with the Visitor Services Operational <br /> Plan for Everett as described in Exhibit/Attachment A(see action steps on pp. 11-13 of <br /> SCTB/Everett Tourism Marketing and Visitor Services Proposal). <br /> (collectively referred to as "Work"). <br /> 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 services <br /> outlined in Section 1 and Exhibit/Attachment A as incorporated by reference hereto. <br /> 2. Work for Hire/Intellectual Property Unless otherwise expressly agreed to in writing, all <br /> work, including writings and publications, created pursuant to this Agreement, or for the City of <br /> Everett, belong to the City of Everett and all rights in such work belong to the City of Everett. <br /> Work created by Contractor or Subcontractor prior to engagement, or not solely for performance <br /> in the course of the engagement for the City, shall not be work for hire. <br /> 3. Time of Beginning and Completion of Performance. Performance of this Agreement <br /> shall commence as of the date of execution of this Agreement and all Work by Contractor shall <br /> be completed by the end of three years from the date of execution of this Agreement; <br /> provided, however, this Agreement will automatically terminate upon the termination of <br /> Contractor's contract with Snohomish County to provide tourism and marketing services. <br /> The date of execution means the date on which the Mayor signs this Agreement. <br /> 4. Compensation. <br /> A. The Contractor shall be paid by the City only for completed services actually rendered <br /> which are described herein. Such payment shall be full compensation for services <br /> rendered, including, but not limited to, all labor,materials, supplies, mileage, gas, phone <br /> parking, lodging, food, equipment and incidentals necessary to complete the services. <br /> Provided,however, the current Everett Concierge Visitor Information Center(VIC) <br /> location at the Everett Events Center shall continue to be the location where Contractor <br /> will perform its services, including the recruitment,training and management of <br /> volunteers and other activities relevant to managing a VIC. The City will provide the <br /> current location, or equivalent location, along with certain office equipment currently in <br /> use at the VIC, on a rent-free basis, including free of charge for utilities or janitorial <br /> services. The City will also provide City letterhead for the Everett tourism marketing <br /> program and will host a website or websites for the visitor information program and <br /> general tourism marketing. <br /> B. The Contractor shall be paid, based upon submission of an invoice once every month, <br /> based on Contractor's budget proposal described in Exhibit/Attachment B, for services <br /> pursuant to this Agreement. Total compensation shall not exceed $123,115.00; provided, <br /> however,the $123,115.00 is intended to cover only the first year of services. Contractor <br /> will submit a work plan and budget for each subsequent year of service. The City may, in <br /> its sole discretion, consider and approve an amendment to this Agreement to reflect a <br /> change in total compensation for each subsequent year. The parties understand that if, <br /> after the first year of service, the $123,115.00 in total compensation has been exhausted, <br /> Page 2 <br />