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Reso 2020.022-A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND MILLER PLANNING ASSOCIATES FOR PREPARATION OF OBJECTIVE DEVELOPMENT STANDARDS THIS AGREEMENT for consulting services is made by and between the City of San Leandro ("City") and Miller Planning Associates ("Consultant") (together sometimes referred to as the "Parties") as of March , 2020 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2022, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only pre -approved competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder. 1.5 City of San Leandro Living Wage Rates. This contract may be covered by the City of San Leandro Living Wage Ordinance (LWO). Consultant's attention is directed to the San Leandro Municipal Code, Title 1, Chapter 6, Article 6. Consultant must submit completed self -certification form and comply with the LWO if covered. Section 2. COMPENSATION. Subject to appropriation by the City Council subsequent to the receipt of grant funds from the State of California for the Scope of Work described in Exhibit A, City hereby agrees to pay Consultant a sum not to exceed three -hundred and ten thousand dollars ($310,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and Consulting Services Agreement between City of San Leandro and March 2, 2020 Miller Planning Associates for Objective Development Standards Page 1 of 15