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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 .