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1 •• <br /> i <br /> r <br /> 2 <br /> • <br /> CITY OF RANCHO PALOS VERDES <br /> DESIGN PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT ("Agreement") is made and entered into this 17th day of September, <br /> 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the <br /> "CITY") and KX2 Holdings Building Technologies Group, LP (hereafter referred to as <br /> "CONSULTANT"). <br /> IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree <br /> as follows: <br /> ARTICLE 1 <br /> SCOPE OF SERVICES <br /> 1.1 Project Description <br /> The Project is described as the Citywide Street Light Audit. <br /> 1.2 Description of Services <br /> CONSULTANT shall prepare and deliver a comprehensive audit d report, as <br /> described in the CITY's Request For Proposals,which is attached hereto as Exhibit"A"and <br /> incorporated herein by this reference, and in CONSULTANT's Proposal,which is attached <br /> hereto as Exhibit"B" and incorporated herein by this reference. In the event of any conflict <br /> between the terms of this Agreement and incorporated documents, the terms of this <br /> Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the <br /> terms of Exhibit"A" shall control. <br /> 1.3 Schedule of Work <br /> Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall <br /> perform with due diligence the services requested by the CITY. Time is of the essence in <br /> this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT <br /> be responsible for damages or be in default or deemed to be in default by reason of strikes, <br /> lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to <br /> approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by <br /> CITY, other consultants/contractors, or governmental agencies, or any other delays beyond <br /> CONSULTANT's control or without CONSULTANT's fault. <br /> ARTICLE 2 <br /> COMPENSATION <br /> 2.1 Fee <br /> CITY agrees to compensate CONSULTANT an amount not to exceed seventy <br /> Page 1 of 11 <br /> R6876-0001\1625164v2.doc Agreement for Design Professional Services <br />