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CITY <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this / day of Ocd ,9l4-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 Shelby Beyer, whose address 10709 Valley Vioew Rd A302, Bothell, <br /> WA 98011, 425-770-8057, shelby-beyer@hotmail.com, hereinafter referred to as the"Service <br /> Provider." <br /> WHEREAS,the City desires to engage Service Provider to assist with teaching Preschool classes for <br /> 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 /> I. Engagement of Service Provider. In a competent and professional manner, Service Provider shall <br /> provide the following services(hereafter referred to as"Work"): Assist in the instruction of preschool <br /> classes as specified in Exhibit A Scope of Work. Without a written directive of an authorized <br /> representative of the City, Service Provider shall not perform any services that are in addition to,or <br /> beyond the scope of,the Work between the City and Service Provider. If Service Provider's proposal is <br /> attached as an exhibit,and if such proposal contains or incorporates any conditions or terms in addition to <br /> or different from the terms of this Agreement,then Service Provider expressly agrees that such conditions <br /> or terms are neither 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 Beginninc 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 which <br /> are described herein. Such payment shall be full compensation for Work performed or services rendered, <br /> including,but not limited to,all labor,materials,supplies,equipment,and incidentals necessary to complete <br /> the Work. <br /> B. Service Provider shall be paid such amounts and in such manner as follows: Fee for services shall <br /> be Twelve Dollars ($12.00) per hour until December 31, 2017. Beginning January 1, <br /> 2018, fee for services will be Thirteen Dollars ($13.00) per hour. Additional fees and/or <br /> surcharges levied by the City will be retained 100%by the City. Payment shall be made <br /> as stated in Exhibit A - Scope of Work. <br /> Page 1 <br /> (Form Approved by City Attorney's Office January 1,2010, updated November 21,2016) <br />