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CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />MV TRANSPORTATION, INC. <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />("City") and MV Transportation, Inc. ("Consultant") (together referred to as the "Parties") as of January 1, <br />2008 (the "Effective Date"). <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant <br />shall provide to City the services described in the Scope of Work attached as Exhibit A ,and incorporated <br />herein, 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 />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on June 30, 2008, The CITY shall have the option to renew this Agreement annually <br />for three (3) additional fiscal years based upon the satisfactory performance of the <br />Consultant, mutually agreed upon terms and conditions, and available funding, unless the <br />term of the Agreement is otherwise terminated or extended, as provide for in Section 8. <br />The time provided to Consultant to complete the services required by this Agreement shall <br />not affect the City's right to terminate the Agreement, as referenced in Section 8. <br />1.2 Standard of Performance. Consultant shall perform all services required pursuant to this <br />Agreement according to the standards observed by a competent practitioner of the <br />profession in which Consultant is engaged. Consultant shall perform services as <br />described in the Proposal dated October 25, 2007 submitted to the City in response to the <br />RFP #47652. <br />1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform <br />services pursuant to this Agreement. In the event that City, in its sole discretion, at any <br />time during the term of this Agreement, desires the reassignment of any such persons, <br />Consultant shall, immediately upon receiving notice from City of such desire of City, <br />reassign such person or persons. <br />1.4 Time. Consultant shall devote such time to the performance of services pursuant to this <br />Agreement as may be reasonably necessary to meet the standard of performance <br />provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. <br />1.5 Public Works Requirements. Not applicable. <br />1.6 City of San Leandro Living Wage Rates. This contract may be covered by the City of <br />San Leandro Living Wage Ordinance (LWO). Consultant's attention is directed to the <br />City's Municipal Code, Title 1, Article 6, Chapter 6. Successful Bidder must submit <br />completed self-certification form and comply with the LWO if covered. <br />Consulting Services Agreement between January 1, 2008 <br />City of San Leandro and MV Transportation, Inc. Page 1 of 14 <br />989837-1 <br />