HomeMy WebLinkAboutA42-04Section D
FORM OF AGREEMENT
AGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on thi s
,273 71L' day of 9
LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and MORRO GROU P
ENVIRONMENTAL SERVICES, INC ., hereinafter referred to as Consultant .
WITNESSETH :
WHEREAS, on February 24, 2004, City requested proposals for the preparation of a n
Environmental Impact Report (EIR) for the Broad/Orcutt Residential GPA and Rezoning project pe r
Specification No . 90307 .
WHEREAS, pursuant to said request for proposals, Consultant submitted a proposal that wa s
accepted by City for said EIR 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 EIR services .
2.INCORPORATION BY REFERENCE .City Specification No . 90307 and
Consultant's Revised Proposal dated May 17, 2004 (Exhibit A), are hereby incorporated in and made a par t
of this Agreement .
3.CITY'S OBLIGATIONS .For providing EIR services as specified in this Agreement ,
City agrees to cooperate with Consultant in the completion of the work described in Exhibit A (Consultant's
Proposal) attached hereto and incorporated by reference . City will pay, and Consultant shall receive ,
payments in accordance with Exhibit B (Compensation Schedule).
4.CONSULTANT'S OBLIGATIONS. For and in consideration of the payments an d
agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with Cit y
provide all specified services as described in Exhibit A (Consultant's Proposal) attached hereto an d
incorporated into this Agreement by reference . Consultant may not amend the Scope of Work, either t o
modify provisions or to add or delete provisions, without the prior written consent of the City's Projec t
Manager.
,by and between the CITY OF SAN
Moro?
Consultant Agreemen t
Page 2
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 Community Developmen t
Director of the City .
6.COMPLETE AGREEMENT .This written Agreement, including all writings
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 :
Michael Codron, Project Manager
Community Development Departmen t
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Bill Henry, AIC P
Mono Group Environmental Services, Inc .
1422 Monterey Street, Suite C20 0
San Luis Obispo, CA 9340 1
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Consultant do covenan t
that each individual executing this agreement on behalf of each party is a person duly authorized an d
empowered to execute Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y
and year first above written .
ATTEST:CITY OF SAN LUIS OBISPO, A Municipa l
Corporatio n
City
Consultant
By :Vv?,t.t ..Clf
City Administrativ$Office r
APPROVED AS TO FORM :CO SULT T, Mono Group Environmenta l
Ser ices, Inc .