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ORIGINAL <br /> AGREEMENT FOR CONSERVATION PROGRAM DESIGN SERVICES <br /> KOELLER AND COMPANY <br /> <br /> iS AGREEMENT is made and entered ,nto as of the of <br /> ~ ~ , 2003, by and between the CITY OF REDWOOD CITY, a charter <br />city and municipal corporation of the State of California ("City"), and Koeller and <br />Company, a sole proprietorship entity ("Consultant") (collectively, the "Parties"). <br /> <br /> RECITALS <br /> <br /> A. City requires the professional services of a Water Conservation Programs <br />consultant that is experienced in Toilet Replacement Program desi0n. <br /> <br /> B. Consultant has the necessary experience in providing professional <br />services and advice related to Water Conservation ProGrams. <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 judoment while exercising its <br />professional skill and expertise. <br /> <br />3. Term. Unless earlier terminated, the term of this Agreement will commence upon <br />the date first above written and shall expire upon completion of performance of Services <br />hereunder by Consultant. <br /> <br />4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit <br />"A" hereof, attached hereto and by this reference incorporated herein; provided, that <br />City will grant reasonable extensions of time for the performance of such services <br />occasioned by unusually lengthy §overnmental reviews of Consultant's work product or <br />other unavoidable delays occasioned by circumstances; provided, further, that such <br /> <br />Agreement over $10K 1 * Waived due to nature of work to be performed <br />City Attorney Approved Version 101003 Peter Igram, PWS Director <br /> <br /> <br />