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Attachment A - DRAFT <br /> <br />RFP No. 60149 Comprehensive Parks Master Plan Page 14 of 44 <br /> <br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY AND SCHOOL DISTRICTS OF SAN LEANDRO AND <br />[NAME OF PROFESSIONAL CONSULTANT] <br />FOR <br />[NAME OF PROJECT] <br /> <br />[USE THIS AGREEMENT FOR CONSULTING AGREEMENTS WITH LICENSED ARCHITECTS, <br />LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, PROFESSIONAL LAND SURVEYORS, <br />DESIGN FIRMS CONTAINING THESE DESIGN PROFESSIONALS, AND ALL OTHER LICENSED <br />PROFESSIONALS] <br /> <br /> THIS AGREEMENT for consulting services is made by and between the City and school districts of <br />San Leandro (“City and school districts”) and __________________ (“Consultant”) (together sometimes <br />referred to as the “Parties”) as of ____________, 20__ (the “Effective Date”). <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant <br />shall provide to City and school districts the services described in the Scope of Work attached as Exhibit A <br />at the time and place and in the manner specified therein. In the event of a conflict in or incon sistency <br />between the terms of this Agreement and 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 <br />end on _______________, the date of completion specified in Exhibit A, and Consultant <br />shall complete the work described in Exhibit A on or before that date, unless the term of <br />the 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 and school districts’ right to terminate the Agreement, as referenced in Section 8. <br /> <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 and school districts, in its sole <br />discretion, at any time during the term of this Agreement, desires the reassignment of any <br />such persons, Consultant shall, immediately upon receiving notice from City and school <br />districts of such desire of City and school districts, reassign such person or persons. <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 /> <br />1.5 Public Works Requirements. Because the services described in Exhibit A include “work <br />performed during the design and preconstruction phases of construction including, but not <br />limited to, inspection and land surveying work,” the services constitute a public works <br />within the definition of Section 1720(a)(1) of the California Labor Code. As a result, <br />Consultant is required to comply with the provisions of the California Labor Code <br />applicable to public works, to the extent set forth in Exhibit D.