Agmt 2004 Winzler & Kelly Consulting Engineers

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Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 ef.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Mark Goralka who shall act as the City's representative. All correspondence shall be directed to or through Mark Goralka or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Mr. Mike Kincaid Winzler and Kelly Consulting Engineers 2984 Teagarden Street San Leandro, CA 94577 Any written notice to City shall be sent to: Mr. Mark Goralka Engineering and Transportation Department City of San Leandro 835 East 14th Street San Leandro, CA 9457 10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. 10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. Consulting Services Agreement between August 13, 2004 City of San Leandro and Winzler and Kelly Consulting Engineers Page 12 of 20