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APPROVED BY CITY C U C L DateL Item # CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this 5th day of February, 2002 by and between the City of Colton, a municipal organization organized under the laws of the State of California with its principal lace ofAusiness at 650 Nort L Cadena Drive, Colton, California 92324 ("City") and F/4- ENSR C am � ` g, a �` orporation, with its principal place of business at 1601 Prospect Parkway Fort Collins, CO 80525 ("Consultant"). City and Consultant are sometimes individually referred to as 'Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 3. TERMS. 3.1 Scope of Services and Term. 3. 1.1 General Scone of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for environmental consulting services ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the -exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2002 to June 30, 2005, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any RVPUB\ELC\615514