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NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND STRATEGIC PRODUCTS AND SERVICES, LLC <br />FOR <br />NETWORK UPGRADE <br /> <br /> THIS AGREEMENT for the purchase and installation of network products is made by and between <br />the City of San Leandro (“City”) and Strategic Products and Services, LLC (“Contractor”) (together <br />sometimes referred to as the “Parties”) as of March 7, 2016 (the “Effective Date”). <br /> Section 1. PRODUCTS AND SERVICES. Subject to the terms and conditions set forth in this <br />Agreement, Contractor shall provide to City the Products and Services described in the Scope of Work <br />(SOW) 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 /> <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on March 7, 2017 the date of completion specified in Exhibit A, and Contractor 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 Contractor 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. 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. <br /> <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 /> <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 /> <br />1.6 Product and Services Warranty. Contractor is a reseller of certain manufacturers’ <br />products and services and warrant that Contractor is authorized to sell the products and <br />services provided to City pursuant to this Agreement. City will receive the manufacturer’s <br />original warranty on the products purchased pursuant to this Agreement and Contractor <br />provides no other actual or implied product warranty of any kind. Subject to the <br />manufacturer’s warranty and the applicable services warranty provided by Contractor