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<br />Consulting Services Agreement between May 20, 2013 <br />City of San Leandro and The Planning Center | DC&E Page 1 o <br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND THE PLANNING CENTER | DC&E <br /> <br /> THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />(“City”) and The Planning Center | DC&E (“Consultant”) (together sometimes referred to as the “Parties”) as <br />of May 20, 2013 (the “Effective Date”). <br /> <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 at the time and <br />place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms <br />of this Agreement and Exhibit A, the Agreement shall prevail. <br /> <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on November 20, 2014, the date of completion specified in Exhibit A, and Consultant <br />shall complete the work described in Exhibit A on or before that date, unless the term of <br />the 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 /> <br />1.2 Standard of Performance. Consultant shall perform all services required pursuant to this <br />Agreement in the manner and according to the standards observed by a competent <br />practitioner of the profession in which Consultant is engaged. <br /> <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 /> <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 Subsection 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 San <br />Leandro Municipal Code, Title 1, Chapter 6, Article 6. Successful Bidder must submit <br />completed self-certification form and comply with the LWO if covered. <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Four <br />Hundred, Ninety-two Thousand, Two Hundred and Forty-five dollars ($492,245.00) notwithstanding any <br />contrary indications that may be contained in Consultant’s proposal, for services to be performed and <br />reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and <br />Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall <br />prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the <br />manner set forth herein. The payments specified below shall be the only payments from City to Consultant