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HomeMy WebLinkAboutA37-04Attachment 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on May 18, 2004 , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to a s City, and RRM Design Group, hereinafter referred to as Architect . WITNESSETH: WHEREAS, on December 3, 2003, the City requested proposals for design services for a n upgrade to the City's public safety dispatch center per Specification No . 90223A ; and WHEREAS, pursuant to said request, Architect submitted a proposal that was accepted by th e City for said services . NOW THEREFORE, in consideration of their mutual promises, obligations and covenant s hereinafter contained, the parties hereto agree as follows : 1. TERM .The term of this Agreement shall be from the date this Agreement is made an d entered, as first written above, until acceptance or completion of said services . 2.INCORPORATION BY REFERENCE .The City's Specification No . 90223A, the Architect's proposal dated January 6, 2004 and the Architect's proposal addendum dated April 15, 2004 are hereby incorporated in and made part of this Agreement . 3.CITY'S OBLIGATIONS .For as specified in this Agreement, the City will pay and th e Architect will receive compensation in a total sum not to exceed $155,725 . No compensation will b e earned by the Architect until the City issues a notice to proceed pursuant to Section 4 of this Agreement . 4.ARCHITECT'S OBLIGATIONS .For and in consideration of the payments an d agreements hereinbefore mentioned to be made and performed by the City, the Architect agrees with th e City to do everything required by this Agreement and the said specification . Services under thi s Agreement will not begin until the City issues a notice to proceed to the Architect . If the City does no t issue this notice within 90 days after the date of this Agreement, then the Agreement will be terminated , unless an extension is mutually agreed to by the parties through an amendment to the Agreement ; and no compensation will be due to the Architect in accordance with Section 3 of this Agreement . -1 -r937-oy Attachment 1 5.AMENDMENTS .Any amendment, modification or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the City Administrativ e Officer . 6.COMPLETE AGREEMENT .This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreement between the partie s hereto . No oral agreement, understanding, or representation not reduced to writing and specificall y incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, o r representation be binding upon the parties hereto . 7. NOTICE .All written notices to the parties hereto shall be sent by United States mail , postage prepaid by registered or certified mail addressed as follows : City Clerk City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 9340 1 RRM Design Grou p 3765 South Higuera Street, Suite 10 2 San Luis Obispo, California 9340 1 8.AUTHORITY TO EXECUTE AGREEMENT .Both the City and Architect d o covenant that each individual executing this agreement on behalf of each party is a person duly authorize d and empowered to execute Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST : CITY OF SAN LUIS OBISP O City Architect -2 - APPROVED AS TO FORM :ARCHITEC T By : G6r k hi teStsv Uwv-p