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• <br /> CONSULTING SERVICES AGREEMENT BETWEEN <br /> THE CITY OF SAN LEANDRO AND <br /> ESA (Environmental Science Associates) <br /> THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br /> ( "City") and ESA (Environmental Science Associates) ( "Consultant ") (together referred to as the "Parties ") <br /> as of October 4, 2010 (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 January 31, the date of completion specified in Exhibit A, and Consultant shall <br /> complete the work described in Exhibit A on or before that date, unless the term of the <br /> Agreement is otherwise terminated or extended, as provided for in Section 8. The time <br /> provided to Consultant to complete the services required by this Agreement shall not affect <br /> 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. <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 1.2 above and to satisfy Consultant's obligations hereunder. <br /> 1.5 Public Works Requirements. <br /> Reserved. <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). Bidder's attention is directed to the City's <br /> Municipal Code, Title 1, Article 6, Chapter 6. Successful Bidder must submit completed <br /> self - certification form and comply with the LWO if covered. <br /> Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $70,361 <br /> (seventy thousand, three hundred and sixty-one dollars), notwithstanding any contrary indications that may <br /> be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under <br /> this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as <br /> Consulting Services Agreement between October 4, 2010 <br /> • <br /> City of San Leandro and ESA <br /> • <br /> _a <br />