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CITY
<br /> CITY OF EVERETT
<br /> PROFESSIONAL SERVICES AGREEMENT
<br /> THIS AGREEMENT made and entered into on this day of October,2018,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 Blue Line Sports and Entertainment, LLC ,whose address 1229
<br /> Evergreen Point Rd, Medina, WA 98039 ,hereinafter referred to as the"Service Provider."
<br /> WHEREAS,the City desires to engage Service Provider to provide marketing support for the City of
<br /> 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"): Supporting the City's Economic
<br /> Development Office's marketing efforts to attract a National Basketball Association Gatorade
<br /> League (NBA G-League)professional sports franchise by formulating a marketing strategy,
<br /> assembling a pitch team, leading promotional efforts, securing appointments with decision
<br /> makers, and designing content of collatoral materials. This agreement does not provide
<br /> authorization to represent or negotiate on behalf of the Everett Public Facilities District, the
<br /> Angel of the Winds Arena, or Spectra Venue Management,hereinafter,referred to collectively as
<br /> the "PFD", and none shall be undertaken without written directive of an authorized
<br /> representative of the PFD. 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
<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 /> Page 1
<br /> (Form Approved by City Attorney's Office January 1,2010,updated July 23,2018)
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