|
��
<br /> �,
<br /> - ORlGlN�l
<br /> I DESIGN PROFESSIONAL AGREEMENT
<br /> �I (ENCON)
<br /> IS AGREEMENT is made and entered into as of the -2-3 day of
<br /> • , 2012, by and between the CITY OF REDWOOD CITY, a charter city
<br /> and m nicip I corporation of the State of Cafifornia ("City"), and ENCON ("ConsultanY').
<br /> ' RECITALS
<br /> City requires certain consulting services. Consultant has the necessary experience in
<br /> providing these professional services, has submitted a proposal to City, and has affirmed its
<br /> willingness and ability to perform such work.
<br /> NOW, THEREFORE, in consideration of these recitals and the mutual covenants
<br /> 'I contained herein, the P arties agree as follows:
<br /> 1. Scope of Work. Consultant agrees to perform those services (the "Services") that
<br /> ' are defined in Exhibit "A," attached hereto and incorporated herein by reference. In the
<br /> , event of a conflict between the provisions of Exhibit "A" and the terms of this Agreement, the
<br /> terms of this Agreement shall prevail. City shall have the right to modify the scope of work to ,
<br /> delete tasks in whole or in part.
<br /> I, 2. Term. Unless earlier terminated, this Agreement will be effective for a period of from
<br /> '� the date first above written and shall expire upon completion of performance of Services
<br /> hereunder by Consultant.
<br /> 3. Compensation. The total fee payable for the Services to be performed will be Nine
<br /> Thousand Seven Hundred and 00/100 Dollars ($9,700.00). Payment will be made pursuant
<br /> to the terms of Exhibit "A." No other compensation for the Services will be allowed, except
<br /> for items covered by subsequent amendments to this Agreement. City reserves the right to
<br /> withhold a ten percent (10%) retention until City has accepted the Services specified in
<br /> Exhibit "A." There shall be no additional charge for expenses unless agreed to by City.
<br /> Payment shall occur only after receipt by City of invoices sufficiently detailed to include
<br /> hourly rates, hours worked, and tasks performed, unless otherwise agreed to by City.
<br /> 4. Status of Consultant. Consultant wil� perform the Services as an independent
<br /> contractor and in pursuit of Consultant's independent calling, and not as an employee of
<br /> City. Consultant will be under the control of City only as to the results to be accomplished.
<br /> 5. Indemnification. Consultant shall, to the fullest extent allowed by law, with respect to
<br /> all services performed in connection with this Agreement, defend with counsel acceptable to
<br /> City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless
<br /> from and against any and all claims that arise out of, pertain to, or relate to the negligence,
<br /> recklessness, or willful misconduct of the Consultant, subcontractor, or anyone directly or
<br /> indirectly employed by any of them or anyone for whose acts any of them may be liable
<br /> ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every
<br /> kind, nature and description, including attorney's fees, experts fees, court costs and
<br /> disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or
<br /> indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall
<br /> ATTY/AGR/2012.056/DESIGN PROFESSIONAL AGREEMENT ECON
<br /> REV:05-09-12 VR
<br /> Page 1 of 6
<br />
|