Laserfiche WebLink
0 CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 1st day of January,2009,by and between the CITY <br /> OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred <br /> to as the "City," and Kate Livingston,whose address 5217 201st Pl SW,Lynnwood WA 98036,425-778- <br /> 8588, hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to teach Health and Wellness and Aquatic <br /> Fitness classes for the City of Everett; 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. In a competent and professional manner, Service Provider shall <br /> provide the following services(hereafter referred to as"Work"):Teach Health and Wellness classes and <br /> provide instruction in Aquatic Fitness as specified in Exhibit"A" Scope of Work. Without a written <br /> directive of an authorized representative of the City, Service Provider shall not perform any services that <br /> are in addition to,or beyond the scope of,the Work between the City and Service Provider. If Service <br /> Provider's proposal is attached as an exhibit,and if such proposal contains or incorporates any conditions <br /> or terms in addition to or different from the terms of this Agreement,then Service Provider expressly <br /> agrees that such conditions or terms are neither incorporated nor included into this Agreement between <br /> the City and Service Provider. <br /> 2. Intellectual Property Rights. Unless otherwise expressly agreed in writing, all intellectual property <br /> rights in works created pursuant to this Agreement, or for the City of Everett,belong to the City of <br /> Everett. Service Provider retains any intellectual property rights in works created by Service Provider <br /> prior to engagement, or not for its performance of this Agreement. Service Provider expressly represents <br /> and warrants that the Work shall be original and shall not infringe on another's copyright, or rights in <br /> trade or service marks. Service Provider agrees to defend and indemnify City from any and all claims and <br /> damages arising out of this Agreement or the Work created hereunder. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as of the <br /> date of execution of this Agreement and shall be completed by December 31,2009. <br /> 4. Compensation. <br /> A. The City shall pay Service Provider only for completed Work and for services actually rendered <br /> which are described herein. Such payment shall be full compensation for Work performed or services <br /> rendered, including, but not limited to, all labor, materials, supplies, equipment, and incidentals necessary <br /> to complete the Work. <br /> B. Service Provider shall be paid such amounts and in such manner as follows: Fee for services shall <br /> be Eighty percent(80%)of the base registration fees collected by the City.Additional fees and/or <br /> surcharges levied by the City will be retained 100%by the City.Payment shall be made as stated. <br /> in Exhibit A- Scope of Work. <br /> C. Service Provider may receive payment as reimbursement for Eligible Expenses actually incurred. <br /> "Eligible Expenses"means those types and amounts of expenses approved for reimbursement by the City. <br /> 13 <br /> 1 <br />