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Last modified
6/28/2022 1:22:28 PM
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6/28/2022 1:22:22 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/21/2022
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Reso 2022-105 NPSA Lind Marine Boat Disposal
(Approved by)
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\City Clerk\City Council\Resolutions\2022
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<br />Non-Professional Services Agreement between June 1, 2022 <br />City of San Leandro and Lind Marine, Inc. Page 1 of 13 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND LIND MARINE, INC. <br />FOR REMOVAL AND DISPOSAL OF 15 BOATS AND 4 BOAT TRAILERS FROM SAN LEANDRO MARINA <br /> <br /> <br /> THIS AGREEMENT for boat removal and disposal services is made by and between the City of San <br />Leandro (“City”) and Lind Marine, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of June 1, <br />2022 (the “Effective Date”). <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall <br />provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the <br />manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and <br />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 end on <br />September 30, 2023 unless the term of the Agreement is otherwise terminated or extended, as <br />provided for in Section 8. Contractor shall complete the work described in Exhibit A within sixty (60) workdays from issuance of the Purchase Order. The time provided to Contractor to <br />complete the services required by this Agreement shall not affect the City’s right to terminate the <br />Agreement, as 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 practitioner of <br />the profession in which Contractor is engaged. <br /> 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services <br />pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term <br />of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately <br />upon receiving notice from City of such desire of City, 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 provided in <br />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 San <br />Leandro Living Wage Ordinance (LWO). Contractor’s attention is directed to the San Leandro <br />Municipal Code, Title 1, Chapter 6, Article 6. Contractor must submit completed self-certification <br />form and comply with the LWO if covered. <br /> 1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of <br />the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be <br />listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or <br />engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of <br />Division 2 of the California Labor Code, unless currently registered and qualified to perform public <br />work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an <br />unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and <br />Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the <br />contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
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