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CITY <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this��n day of 1114r, 6/1,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 Tax Recovery Services,LLC,whose mailing address is PO Box 608, <br /> Spanaway, WA 98387, and whose physical address is 1902 157th St. E., Tacoma, WA 98445 hereinafter <br /> referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to perform telephone utility tax audit <br /> services 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"): tax audits and investigations as <br /> described in Attachment A. 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 31,2021 unless extended by <br /> written agreement by both parties. <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 /> B. Service Provider shall be paid such amounts and in such manner as follows: Twenty-three percent <br /> (23%)of revenue recovered through the audit. Payments shall be processed immediately upon receipt of <br /> tax recoveries resulting from the audit. Negotiated settlements on assigned audits shall also be <br /> compensated at 23% Service Provider will send an invoice for the amount of compensation due. <br /> Page 1 <br /> Tax Recovery Services PSA 2019 <br />