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CONSUL TING SERVICES AGREEMENT BETWEEN <br />THE CITY OF' SAN LEANDRO AND . <br />. CONVERGEONE, INC. <br />FOR· <br />· CISCO NEXT-GENERATION FIREWALL UPGRADE P~OJECT ·. <br />· THIS AGREEMENT for consulting services is made by and between the City of San Leandro · <br />("City") and ConvergeOne, 1.nc. ("Consultant" or "Contractor") (together sometimes referred to as the. <br />"Parties") as of July 16, 2018 (the "Effective Date"). · <br />Section .1. . . PRODUCTS AND SERVICES. Subject to the terms· and conditioiis 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 a.nd place and in the manner speCified therein. In the ~vent of a <br />conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreemen.t sh.all prevail. . <br />1.1 . Term of Services. The term of this Agreement shall begin on· the Effective Date and shall <br />· end on November 30, 2018 the date of completion specified in Exhibit A, and Con$ultant <br />shall complete the work described in Exhibit A on or before that date, unless the term of <br />the Agreement is .oth.ei-Wise 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 />· t.he 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 />. . <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 Consul.tant personnel.. <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 />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 />servi9es provided to City pursuant to this Agreement. City will receive the manufacturer's <br />original warranty on the products· purchased pursuant to this Agreement an·d Contractor <br />Consulting Services Agreement between City of San Leandro and <br />ConvergeOne, Inc. for Cisco Firewall Upgrade Project <br />07/16/2018 <br />Page 1·of16