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1 , <br /> CITY <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 4th day of March, 2019, by and between the CITY <br /> OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred <br /> to as the "City," and Rinkle Shah, whose address 17928 Bothell Everett-Hwy, Suite H, Bothell, WA <br /> 98012,hereinafter referred to as the"Service Provider." <br /> WHEREAS,the City desires to engage Service Provider to lead an Acrylic Paint Fluid Art Workshop <br /> for children 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 <br /> shall provide the following services(hereafter referred to as"Work"): Acrylic Paint Fluid Art <br /> workshop. For ages 7 -14. Call 425-257-8030 to register. Show length: 90 minutes. Date & <br /> Time: Saturday 7/27/19, 2pm—3:30pm. Location: Everett Public Library Auditorium, Main <br /> Library, 2702 Hoyt Ave, Everett, WA 98201. Age Group: 7 to 14 years old. Number of <br /> Participants: 30. Without a written directive of an authorized representative of the City, Service <br /> Provider shall not perform any services that are in addition to, or beyond the scope of,the Work between <br /> the City and Service Provider. If Service Provider's proposal is attached as an exhibit, and if such <br /> proposal contains or incorporates any conditions or terms in addition to or different from the terms of this <br /> Agreement,then Service Provider expressly agrees that such conditions or terms are neither incorporated <br /> 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 7/27/19. <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: $425 from the 152 <br /> Koffski Youth Fund by mail after the workshop. <br /> Page 1 <br /> (Form Approved by City Attorney's Office January 1,2010,updated July 23,2018) <br />