8H Consent 2009 0706 - Laserfiche WebLink

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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND Western Pacific Signal, LLC TH15 AGREEMENT for consulting services is made by and between the City of San Leandro ("City") and Western Pacific Signal, LLC ("Consultant") (together referred to as the "Parties") as of 20_ (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A ,and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on ,the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Consultant's obligations hereunder. 1.5 Consultant not performing as a contractor ($7052 BS~P). Services and deliverables described in Exhibit A include and specify installation upgrades to existing materials and configuration of software, electrical components, and communications apparatus, which do not become a fixed part of public works structures, as defined in §7045 B&P, et seq. Consultant shall not perform new construction related work or surveying tasks, which would require submission of certified payroll records, verifying payment of prevailing wages for construction worker specialty trades, as prescribed by §1776(a) Labor Code. Should Consultant or appointed subcontractor perform any non-exempt work or tasks within this project, such party shall be required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C for such non-exempt work. Consultant shall waive, indemnify, hold Consulting Services Agreement between Project No. 150-38-288 City of San Leandro and Western Pacific Signal, LLC Page 1 of 13 989837-1