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ATTACHMENT 1 <br />PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT is entered into this 2'"~ day of December 2008, betwcen the CITY <br />OF PLEASANTON, a municipal corporation ("City', and The Active Network, Inc., a <br />Delaware corporation whose primary address is 10182 Telesis Court, San Diego, CA 92121 and <br />telephone number is 858-964-3801 ("Consultant'. <br />RECITALS <br />A. Consultant is qualified to and experienced in providing, plan review and <br />inspcetion services for the purposes specified in this Agreement. <br />B. City finds it necessary and advisable to use the services of the Consultant for <br />the purposes provided in this Agreement. <br />NOW THEREFORE, ip consideration of the mutual covenants and conditions in this <br />Agreement, City and Consultant agree as follows: <br />1. Consultant's Services. Subject to the terms and conditions set forth in this <br />Agreement, Consultant shall provide to City the services described in Exhibits A-l, A-2 <br />and A-3. Consultant shall provide said services at that time, place and in the manner <br />specified in Exhibits A-1, A-2, and A-3. <br />2. Citv ?-aaiatance. Facilitles. Eaainment and Clerical Sunoort. Except as set forth in <br />Exhibits A-1, A-2, and A-3, Consultant shall, at its sole cost and expense, furnish all <br />facilities and equipment that may be required for furnishing services pursuant to this <br />Agreement. City shall famish to Consultant only the facilities and equipment listed in <br />Exhibits A-1, A-2, And A-3, according to the terms and wnditions set forth in Exhibit B. <br />3. Terms. This contract shall commence on the date written above and shall expire on <br />December 31, 2013. <br />4. Compensation. City shall pay Consultant for services rendered pursuant to this <br />Agreement as described more particularly in Exhibit A-3. The paymenti shall be made <br />on a monthly basis upon receipt and approval of Consultant's invoice. Total <br />compensation for services and reimbursement for costs shall not exceed S 145,169, plus a <br />10% contingency as approved in writing by City. <br />a Invoices submitted to City must contain a brief description of work performed, time <br />used and City reference number. Payment shell be made within thirty (30) days of <br />receipt of Consultant's invoice and approved by City. <br />b. Upon wmpletion of work City, Consultant shall have sixty (60) days in which to <br />submit fins( invoicing for payment. An extension may be granted by City upon <br />receiving a written request thirty (30) days in advance of said time limitation. <br />