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NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />PACHECO BROTHERS GARDENING, INC. <br />FOR <br />CITYWIDE MEDIAN MAINTENANCE AND WEED ABATEMENT IN CITY RIGHT-OF-WAYS <br />THIS AGREEMENT for Citywide Median Maintenance and Weed Abatement in City Right -of - <br />Ways is made by and between the City of San Leandro ("City") and Pacheco Brothers Gardening, Inc. <br />("Contractor") (together sometimes referred to as the "Parties") as of March 1, 2016 (the "Effective Date"). <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor <br />shall provide to City the services described in Request for Proposal (RFP) number 55026 and in the Scope <br />of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a <br />conflict in or 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 June 30, 2017, and Contractor shall complete the work described in Exhibit A on or <br />before that date, unless the term of the Agreement is otherwise terminated or extended, as <br />provided for in Section 8. The time provided to Contractor 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. Contractor 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 Contractor is engaged. <br />1.3 Assignment of Personnel. Contractor 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 />Contractor shall, immediately upon receiving notice from City of such desire of City, <br />reassign such person or persons. <br />1.4 Time. Contractor 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 Contractor'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 />1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section <br />1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be <br />qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 <br />of the Public Contract Code, or engage in the performance of any contract for public work, <br />Non -Professional Services Agreement between City of San Leandro and Pacheco Brothers Gardening, Inc. <br />for Citywide Median Maintenance Services. <br />Page 1 of 15 <br />