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CITY <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this (� day of U-G,t/7, 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 Janel Cziske, whose address 6132 65th Dr SE, Snohomish, WA 98290, <br /> 425-514-5471, cziske1998@comcast.net,hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to provide preschool instruction and conduct <br /> preschool 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"): Plan and instruct Me & My Shadow <br /> program classes and preschool classes 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, 2018. <br /> 4. Compensation. <br /> A. The City shall pay Service Provider only for completed Work and for services actually rendered which <br /> are described herein. Such payment shall be full compensation for Work performed or services rendered, <br /> including,but not limited to,all labor,materials,supplies,equipment,and incidentals necessary to complete <br /> the Work. <br /> B. Service Provider shall be paid such amounts and in such manner as follows: Fee for services shall <br /> be Fourteen Dollars ($14.00)per hour including 30 minutes for set-up and 30 minutes for <br /> clean-up for Me & My Shadow and Thirteen Dollars ($13.00)per hours as a preschool <br /> assistant instructor. Additional prep time shall be paid up to a maximum of 5 hours per <br /> week for the Me and My Shadow program. Additional fees and/or surcharges levied by <br /> Page 1 <br /> (Form Approved by City Attorney's Office January 1,2010,updated November 21,2016) <br />