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8E Consent 2006 1120
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8E Consent 2006 1120
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Last modified
5/10/2007 11:36:18 AM
Creation date
11/17/2006 3:05:20 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/20/2006
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PERM
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_CC Agenda 2006 1120
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2006\Packet 2006 1120
Reso 2006-126
(Reference)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />CONSUL TING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />HARRIS DESIGN <br /> <br />THIS AGREEMENT for consulting services is made by and between the City of San <br />Leandro ("City") and Harris Design ("Consultant") (together sometimes referred to as the <br />"Parties") as of November 20. 2006 (the "Effective Date") in San Leandro, California. <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, <br />Consultant shall provide to City the services described in the Scope of Work attached as Exhibit <br />A at the time and place and in the manner specified therein. In the event of a conflict in or <br />inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. <br /> <br />1.1 Term of Service~. The term of this Agreement shall begin on the Effective Date <br />and shall end on December 31, 2007 and Consultant shall complete the work <br />described in Exhibit A by that date, unless the term of the Agreement is otherwise <br />terminated or extended, as provided for in Section 8. The time provided to <br />Consultant to complete the services required by this Agreement shall not affect <br />the City's right to terminate the Agreement, as provided for in Section 8. <br /> <br />1.2 Standard of Performance. Consultant shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards observed <br />by a specialist of the profession in which Consultant is engaged in the <br />geographical area in which Consultant practices its profession. Consultant shall <br />prepare all work products required by this Agreement in a professional manner <br />and shall conform to the standards of quality normally observed by a specialist <br />practicing in Consultant's profession. <br /> <br />1.3 Assbmment of Personnel. Consultant shall assign only competent personnel to <br />perform services pursuant to this Agreement. In the event that City, in its sole <br />discretion, at any time during the term of this Agreement, desires the <br />reassignment of any such persons, Consultant shall, immediately upon receiving <br />notice from City of such desire of City, reassign such person or persons. <br /> <br />1.4 Time. Consultant shall devote such time to the performance of services pursuant <br />to this Agreement as may be reasonably necessary to meet the standard of <br />performance provided in Section 1.1 above and to satisfy Consultant's obligations <br />hereunder. <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to <br />exceed $124,305.00 (ONE HUNDRED TWENTY FOUR THOUSAND, THREE <br />HUNDRED FIVE AND NO/I00 DOLLARS), for all work set forth in Exhibit A and all <br />reimbursable expenses incurred in performing the work. In the event of a conflict between this <br />Agreement and Consultant's proposal regarding the amount of compensation, the Agreement <br />shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the <br /> <br />Bancroft Middle School Playfields <br />Project No. 210-38-257 <br /> <br />October 25,2006 <br />Page I of2 <br />
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