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HomeMy WebLinkAboutA31-05 Consultant Svcs study utility billingSP .MD . 61051 9 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on May }i, 2005 , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City , and HDR Engineering, Inc ./Economic and Engineering Services, Inc . (HDR/EES), hereinafter referred t o as Consultant . WITNESSETH : WHEREAS, on February 10, 2005, City requested proposals for Consultant services to study th e entire utility billing system and recommend improvements, per Specification No . 90159 ; and WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by Cit y 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 .City Specification No . 90159, Consultant's proposal dated March 24, 2005, and proposed May 2, 2005 revision relating to indemnification as state d below is hereby incorporated in and made a part of this Agreement . "Consultant agrees to defend the CITY, it officers, agents, servants and employee s (hereinafter individually and collectively referred to as "Indemnitees"), from all suits , claims, demands, actions, or proceedings, and to . the extent permissible by law , indemnify and hold harmless the Indemnitees from : A.All damages of liability, including costs, expenses and attorney to the exten t caused by or alleged to be caused by any negligent act, error, or omission of Consultan t or any person or organization for whom Consultant is responsible, and arising out of the performance of professional services under this Agreement ; and; B.All liability, loss, damage, claims, demands, costs and expenses, including, i n part, court costs and attorney fees, based upon any act, omission, or occurrence of Consultant or any person or organization for whom Consultant is responsible, to th e extent arising out of in connection with, resulting from or caused by the performance o r failure of performance of any work or services other than professional services under this Agreement, or from conditions created by Consultant's performance or non - performance of said work or services ." 3.CITY'S OBLIGATIONS .For providing services as specified in this Agreement, Cit y will pay and Consultant shall receive therefor compensation in a total sum not to exceed $74,631 . 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 City to d o everything required by this Agreement and .the said specifications . 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 Administrative 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 Tom Goul d HDR Engineering, Inc ./ Economic and Engineering Service s 500 108 1° Avenue N E Suite 120 0 Bellevue, Washington 98004 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Consultant do covenant tha t each individual executing this agreement on behalf of each party is a person duly authorized an d empowered to execute Agreements for such party . City Consultant 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 By : i .dC04tse .ePillege Dave Romero, Mayo r APPROVED AS TO FORM : CONSULTANT By : em 'tt -Ced,Vice President I-ID R iN4~a,4{.~~ti »h