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CITY
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<br /> CITY OF EVERETT
<br /> PROFESSIONAL SERVICES AGREEMENT
<br /> THIS AGREEMENT made and entered into on this 1st day of January, 2019, 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 NVL Laboratories Inc., whose address is 4708 Aurora Ave.N.,
<br /> Seattle,WA,98103, hereinafter referred to as the "Service Provider."
<br /> WHEREAS,the City desires to engage the Service Provider to work on Lead Based Paint(LBP)activities
<br /> to include, but not limited to: XRF site testing/inspections, risk assessment, on-site management, air monitoring,
<br /> clearance inspections,preparing LBP bid specifications,soliciting LBP contractors,and training contractors in"Safe
<br /> Work Practices" 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 Provider,
<br /> and the Service Provider hereby agrees, to perform the work in a competent and professional
<br /> manner and provide the services described in the attached "Exhibit A - Scope of Work". The
<br /> Scope of Work so identified is hereafter referred to as "Work". Without a written directive of an
<br /> authorized representative of the City, the Service Provider shall not perform any services that are
<br /> in addition to, or beyond the scope of, the Work. If the Service Provider's proposal is attached as
<br /> an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or
<br /> different from the terms of this Agreement, then the Service Provider expressly agrees that such
<br /> conditions or terms are neither incorporated nor included into this Agreement between the City
<br /> and Service Provider. If, and to the extent, the Work includes the design of a public work or
<br /> improvement, in whole or in part, Service Provider's design shall be reasonably accurate,adequate
<br /> 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 such
<br /> documents or intangible property created pursuant to this Agreement, or for the City of Everett,
<br /> belong to the City of Everett. Service Provider retains any intellectual property rights in documents
<br /> and intangible property created by Service Provider prior to engagement,or not created by Service
<br /> 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 December 31st,2020.
<br /> Page 1
<br /> (Form Approved by City Attorney's Office January 7,2010,updated July 23,2018)
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