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CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 1st day of January,2012, 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 McBee Strategic Consulting, LLC,whose address 455 Massachusetts <br /> Ave.,NW,Twelfth Floor, Washington,DC 20001,hereinafter referred to as the"Service Provider." <br /> WHEREAS, the City desires to engage Service Provider to consult on federal legislative,regulatory <br /> and military affairs 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"): see Attachment A. 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, 2012. <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:Ten Thousand <br /> Dollars ($10,000) for each month in accordance with the provisions of this Agreement.. <br /> The monthly installment figure is inclusive of routine expenses including mileage,meals, <br /> parking, long-distance phone/cell phone calls on behalf of the City,and office expenses. <br /> The initial payment to the Service Provider is due February 1,2012, with each successive <br /> payment due on the 1st day of each of the following months through January 31,2013. <br /> Page 1 <br /> McBee Professional Services Agreement <br /> 8 <br />