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CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 17th day of November, 2017,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 Howard Grossman,whose address is 836 124th Court NE, Lake <br /> Stevens, WA 98258,hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to instruct table tennis for the City of Everett; <br /> 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"): Skills demonstration and organize <br /> table tennis tournaments. Without a written directive of an authorized representative of the City, <br /> Service Provider shall not perform any services that are in addition to, or beyond the scope of,the Work <br /> between the City and Service Provider. If Service Provider's proposal is attached as an exhibit,and if <br /> such proposal contains or incorporates any conditions or terms in addition to or different from the terms <br /> of this Agreement,then Service Provider expressly agrees that such conditions or terms are neither <br /> incorporated nor included into this Agreement between 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: $75 per hour with <br /> personal invoice submitted with names, dates and times of instruction for the skills clinic <br /> and table tennis tournament(s). Those receiving instruction must sign up at the staff <br /> counter and initial once they have completed training. <br /> Page 1 <br /> (Form Approved by City Attorney's Office March 16,2015,updated November 21,2016) <br />