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<br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />DOWLING ASSOCIATES, INC. <br /> <br />THIS AGREEMENT for consulting services is made by and between the City of San <br />Leandro ("City") and Dowling Associates, Inc. ("Consultant") (together sometimes referred to <br />as the "Parties") as of February 5,2001. (the "Effective Date") in San Leandro, California. <br /> <br />Section I. 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 />^ at the time and place and in the manner speci fied 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 Services. The term oCthis Agreement shall begin on the nCrective Date <br />and shall end on June 30,2007, and Consultant shall cornplcte the work <br />described in Exhibit A by that date, unless the tenn of the Agreement is otherwise <br />terminated or extended, as provided for in Section 8. The time provided 10 <br />Consultan11o 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 Agreemen1 in the manner and according to the standards observed <br />by a competent practitioner of the proCession in which Consultant is engaged in <br />the geographical area in which Consultant practices its profession. Consultant <br />shall prepare all work products required by this Agreement in a professional <br />manner and shall conform to the standards of quality normally observed by a <br />person practicing in Consultant's profession. <br /> <br />1.3 Assienment 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 />reassignmen1 of any such persons, Consultant shall, immediately upon receiving <br />no1ice from City of such desire of City, reassign such person or persons. <br /> <br />1.4 Time. Consultant shall devote such time to the perfonnance of services pursuant <br />to this Agreement as may be reasonably necessary to mecl the standard of <br />performance provided in Section 1.1 above and to satisfy Consultant's obligations <br />hereunder. <br /> <br />Section 2. COMPENSATION. Ci1y hereby agrees to pay Consultant an amount not 10 <br />exceed $()5,000.00, for all work set !i)rth in Exll!l2itA_ and all reimbursable expenses incLlITed in <br />performing the work_ In the event o['a confliet betwecn this Agreement and Consultant's <br />proposal regarding the amount 0[' cOlnpensation, the Agreement shall prevail. City shall pay <br />Consultant ['or services rendcred pursuant to this Agreement at the time and in the manner set <br /> <br />I-Iesperian Boulevard/Lewelling Intersection Traffic ASSl'ssll1cnl <br /> <br />November 13, 2006 <br />Page I of 2 I <br />