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<br />Non-Professional Services Agreement between <br />City of San Leandro and Lind Marine Page 1 of 16 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />LIND MARINE <br />FOR <br />SUNKEN VESSELS RE-FLOAT, REMOVAL, AND DISPOSAL <br /> <br /> THIS AGREEMENT for boat removal services is made by and between the City of San Leandro <br />(“City”) and Lind Marine (“Contractor”) (together sometimes referred to as the “Parties”) as of ___________ <br />(the “Effective Date”). <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor <br />shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and <br />place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms <br />of this Agreement and Exhibit A, the Agreement shall prevail, except for the Exclusions 7 and 8 in Exhibit A <br />which shall control in all instances. <br /> <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on December 31, 2024, the date of completion specified in Exhibit A, and Contractor <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 Contractor to complete the services required by this Agreement shall not affect <br />the City’s right to terminate the Agreement, as referenced in Section 8. <br /> <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 <br />practitioner of the profession in which Contractor is engaged. <br /> <br />1.3 Assignment of Personnel. Contractor 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 />Contractor shall, immediately upon receiving notice from City of such desire of City, <br />reassign such person or persons. <br /> <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 <br />provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. <br /> <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). Contractor’s attention is directed to the San <br />Leandro Municipal Code, Title 1, Chapter 6, Article 6. Contractor must submit completed <br />self-certification form and comply with the LWO if covered. <br /> <br />1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section <br />1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be <br />qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 <br />of the Public Contract Code, or engage in the performance of any contract for public work, <br />DocuSign Envelope ID: DE82CF7A-FB9D-443D-B9D8-E0A21D306A21 <br />April 4, 2024 | 10:30:51 AM PDT