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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES <br /> [JAMES CROOK, Ph.D, P.E.] <br /> <br /> THIS AGREEMENT is made and entered into as of the 24'rR day of <br />~ ,2003, by and between the CITY OF REDWOOD CITY, a <br />charter city and municipal corporation ("City"), and JAMES CROOK, Ph.D., P.E., <br />of Norwell, Massachusetts ("Consultant") (collectively, the "Parties"). <br /> <br /> RECITALS <br /> <br /> City requires the professional services of a Water Reuse Consultant. <br />Consultant has the necessary experience in providing these professional <br />services, has submitted a proposal to City and has affirmed its willingness and <br />ability to perform such work. <br /> <br /> NOW, THEREFORE, in consideration of these recitals and the mutual <br />covenants contained herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Consultant to perform, and Consultant agrees <br />to render, those services (the "Services") that are defined in Exhibit "A," attached <br />and incorporated by this reference in accordance with the terms and conditions <br />set forth in this Agreement. <br /> <br />2. Term. This Agreement will be effective for a period of 180 days from the <br />date first above written. <br /> <br />3. Compensation. The total fee payable for the Services to be performed will <br />be Nine Thousand Five Hundred Dollars ($9,500.00). No other compensation for <br />the Services will be allowed except for items covered by subsequent <br />amendments to this Agreement. City reserves the right to withhold a ten percent <br />(10%) retention until City has accepted the work and/or the Services specified in <br />Exhibit "A." <br /> <br />4. Status of Consultant. Consultant will perform the Services as an <br />independent contractor and in pursuit of Consultant's independent calling, and <br />not as an employee of City. Consultant will be under the control of City only as to <br />the results to be accomplished. <br /> <br />5. Indemnification. Except as to the active negligence, sole negligence or <br />willful misconduct of City, Consultant will defend, indemnify and hold City, its <br />officers, agents, volunteers and employees, harmless from any and all loss, <br />damage, claims, damages, liability, expense or cost, including attorney's fees, <br />which arises out of, or is in any way connected with the performance of the <br />Services by Consultant or any of Consultant's employees, agents or <br />subcontractors. <br /> <br />F:Atty/AgdAgr.101 1 <br />031003 <br /> <br /> <br />