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<br />ORIGINAL <br /> <br />AGREEMENT FOR TOILET REPLACEMENT SERVICES <br />San Jose Water Conservation Corp. <br /> <br />THIS AGREEMENT is made and entered into as of the"d-'~ day of <br />~ ' 2005, by and between the CITY OF REDWOOD CITY, a charter <br />city and m nicipal corporation of the State of California ("City"), and San Jose Water <br />Conservation, a California Corporation ("Consultant") (collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />A. City requires the professional services of a qualified, licensed Plumbing <br />Contractor that is experienced in all aspects of Direct-Install Toilet Replacement <br />program, including materials acquisition, distribution and installation and understanding <br />suited to a consumer-oriented project. <br /> <br />B. Consultant has the necessary experience in providing licensed <br />professional services and advice related to the replacement of non-water-conserving <br />toilets with ultra low-flush toilets and the installation of other water conserving fixtures, <br />including showerheads, and faucet aerators. <br /> <br />C. Selection of Consultant is expected to achieve the desired results in an <br />expedited fashion. <br /> <br />D. Consultant has submitted a proposal to City and has affirmed its <br />willingness and ability to perform such work. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Consultant to perform, and Consultant agrees to <br />render, those services (the "Services") that are defined in attached Exhibit "A," which is <br />incorporated by this reference in accordance with this Agreement's terms and <br />conditions. <br /> <br />2. Standard of Performance. While performing the Services, Consultant will <br />exercise the reasonable professional care and skill customarily exercised by reputable <br />members of Consultant's profession practicing in the Metropolitan Northern California <br />Area, and will use reasonable diligence and best judgment while exercising its <br />professional skill and expertise. <br /> <br />3. Term. Unless earlier terminated, the term of this Agreement will be effective for a <br />period of three years from the date first above written. The City Manager may amend <br />the Agreement to extend it for a single additional one-year period or parts thereof in an <br />amount to be determined, should the City request an extension. Extension will be based <br />upon a satisfactory review of Consultant's performance, City needs, and appropriation <br /> <br />Agreement over $10K <br />City Attorney Approved Version 111803 <br /> <br />1 <br /> <br /><---«'-<"'----<"<---'---'-,<><>«,< -"----"--- <br />