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HomeMy WebLinkAboutA39-04s AGREEMEN T fo r Design services fo r Swim Center Therapy Poo l Pro'ect No . 90093A THIS AGREEMENT is made and entered into in the City of San Luis Obispo on , by an d between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and ROWLE Y INTERNATIONAL INC ., hereinafter referred to as Consultant . WITNESSETH : WHEREAS, the City wants to hire an aquatic designer for the Swim Center Therapy Pool Project . WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do s o which has been accepted by City . NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows : 1.TERM . The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services . 2.CITY'S OBLIGATIONS . For providing services as specified in this Agreement, City will pa y and Contractor shall receive therefor compensation in a total sum not to exceed $6000 .00 . 4.CONSULTANT'S OBLIGATIONS . For and in consideration of the payments and agreement s hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this-Agreement . Contractor further agrees to the contrac t performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement . 5.AMENDMENTS . Any amendment, modification or variation from the terms of this Agreemen t shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City . 6.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be o f any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the partie s hereto. 19cieement Page 2 7. NOTICE .All written notices to the parties hereto shall be sent by United States mail, postag e prepaid by registered or certified mail addressed as follows : Bridget Frase r City of San Luis Obisp o 955 Morro Stree t San Luis Obispo, CA 9340 1 Ron Bravo Rowley International, Inc . 2325 Palos Verdes Drive Wes t Suite 31 2 Palos Verdes Estates, CA 90274-275 5 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written . CITY OF SAN LUIS OBISPO, A Municipal Corporation APPROVED AS TO FORM : ROWLEY INTERNATIONAL, INC . By : W City Adminis we Office r City Contractor By :