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, <br /> . <br /> CITY <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 13th day of April, 2018,by and between the <br /> CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the"City,"and Colorful Events,whose address is 4813 W Maple Lane Circle <br /> NW,Gig Harbor WA 98335,whose phone number is 253-225-8877 and anal isjackie@colorfulevents.com, <br /> hereinafter referred to as the"Service Provider." <br /> WHEREAS, the City desires to engage the Service Provider to Artistic face panting at no charge to <br /> the visitors of Sorticulture, Everett's Gorden Arts Festival and Everett's 125th Celebration on June 2. Artist will <br /> provide her own supplies.Artist will provide 17 hours of face painting ova three days of the festival. Friday 2 pm- <br /> 6 pm,Saturday 11 an-5 pm,Sunday 11 an-2 pm,and 10 an- 1pm on June 2 for the City of Everett; and <br /> WHEREAS, Service Provider represented, and by entering into this Agreement now represents, <br /> that it is fully qualified to perform the work to be performed hereunder in a competent and <br /> professional manner; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of Service Provider. The City hereby agrees to engage the Service <br /> Provider, and the Service Provider hereby agrees, to perform the work in a competent and <br /> professional manner and provide the services described in the attached "Exhibit A - Scope of <br /> Work". The Scope of Work so identified is hereafter referred to as "Work". Without a written <br /> directive of an authorized representative of the City, the Service Provider shall not perform any <br /> services that are in addition to, or beyond the scope of, the Work. If the Service Provider's <br /> proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or <br /> terms in addition to or different from the terms of this Agreement, then the Service Provider <br /> expressly agrees that such conditions or terms are neither incorporated nor included into this <br /> Agreement between the City and Service Provider. If, and to the extent, the Work includes the <br /> design of a public work or improvement, in whole or in part, Service Provider's design shall be <br /> reasonably accurate, adequate and suitable for its intended purpose. <br /> 2. Intellectual Property Rights. Reports, drawings, plans, specifications and any other <br /> intangible property created in furtherance of the Work are property of the City for all purposes, <br /> whether the project for which they are made is executed or not, and may be used by the City for <br /> any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in <br /> such documents or intangible property created pursuant to this Agreement, or for the City of <br /> Everett, belong to the City of Everett. Service Provider retains any intellectual property rights in <br /> documents and intangible property created by Service Provider prior to engagement, or not <br /> created by Service Provider for its performance of this Agreement. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as <br /> of the date of execution of this Agreement and shall be completed by Monday,June 11,2018. <br /> Page 1 <br /> (Form Approved by City Attorney's Office Januay 7, 2010, updated November 21, 2016) <br />