NSPA - Final SWIMS Storm Drain Inspections.pdf

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<br />Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 1 of 16 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND STORM WATER INSPECTION & MAINTENANCE SERVICES (SWIMS) FOR INSPECTION, COLLECTION AND PROCESSING DATA RELEVANT TO THE CITY’S CLEAN WATER PROGRAM THIS AGREEMENT for site assessment and management plan services is made by and between the City of San Leandro (“City”) and Storm Water Inspection & Maintenance Services (“SWIMS”) (together sometimes referred to as the “Parties”) as of December 1, 2022 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, SWIMS 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, 2024, or at such time as funding is exhausted, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to SWIMS 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. SWIMS 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 SWIMS is engaged. 1.3 Assignment of Personnel. SWIMS shall assign only 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, SWIMS shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. SWIMS 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 SWIMS’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). SWIMS’s attention is directed to the San Leandro Municipal Code, Title 1, Chapter 6, Article 6. SWIMS must submit completed self-certification form and comply with the LWO if covered. 1.6 Public Works SWIMS Registration. SWIMS agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as <br />DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567