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CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />NEW CITY AMERICA, INC. <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />( "City ") and New City America, Inc. ( "Consultant") (together referred to as the "Parties ") as of July 1, 2012 <br />(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 July 1, 2012 and shall end <br />no later than July 31, 2013. Consultant shall complete the work described in Exhibit A on <br />or before that date, unless the term of the Agreement is otherwise terminated or extended, <br />as provided for in Section 8 . The time provided to Consultant to complete the services <br />required by this Agreement shall not affect the City's right to terminate the Agreement, as <br />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 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 Sixty -Five- <br />thousand ($65,000) notwithstanding any contrary indications that may be contained in Consultant's <br />proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event <br />of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A , regarding the <br />amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered <br />pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below <br />shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. <br />Consultant shall submit all invoices to City in the manner specified herein. Except as specifically <br />G: \OBD \Downtown \Downtown PBID \NCA Agreements \CSA6- 19- 12.doc <br />