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Consulting Services Agreement between City of San Leandro and 12/18/2017 <br />ConvergeOne, Inc. for Polycom Videoconferencing Equipment Page 1 of 16 <br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />CONVERGEONE, INC. <br />FOR <br />POLYCOM VIDEOCONFERENCING EQUIPMENT DEPLOYMENT <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />(“City”) and ConvergeOne, Inc.(“Consultant” or “Contractor”) (together sometimes referred to as the <br />“Parties”) as of December 18, 2017 (the “Effective Date”). <br />Section 1. PRODUCTS AND SERVICES. Subject to the terms and conditions set forth in this <br />Agreement, Consultant 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 />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on July 31, 2018 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 in the manner and according to the standards observed by a competent <br />practitioner of the 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, provided that Consultant shall not be in breach of this <br />Agreement for any delays caused by City’s request to reassign Consultant personnel. <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 />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 />126