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<br /> <br />Non-Professional Services Agreement between August 8, 2024 <br />City of San Leandro and Garland/DBS Inc.—Exhibit F Page 2 of 22 <br />WHEREAS, contracts for construction work within the City of San Leandro will be awarded <br />in accordance with the applicable provisions of the Charter of the City of San Leandro, the California <br />State Public Contract Code and the Labor Code, including but not limited to competitive bidding and <br />payment of prevailing wages; and <br />WHEREAS, the City of San Leandro has the absolute right to select the lowest responsive <br />and responsible bidder for the award of the construction contracts for the Projects; and <br />WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to <br />work towards a mutually satisfactory completion of the Projects. <br />NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS <br />FOLLOWS: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 “Agreement” means this Community Workforce Agreement. <br /> <br />1.2 “Agreement to be Bound” means the agreement (attached hereto and incorporated herein as <br />Exhibit A) which shall be executed by each and every Contractor(s)/Employer(s) as a condition of <br />performing Project Work. <br /> <br />1.3 “Alameda County Residents” shall include any residents living in any city or unincorporated <br />section of Alameda County six months prior to the award of a Project. <br /> <br />1.4 “San Leandro Resident” means any individual who six months prior to the award of a Project <br />can certify through a utility bill, or other similar means acceptable to the parties to this Agreement that <br />the individual resides within the boundaries of the San Leandro City Limits. <br /> <br />1.5 “City” means the City of San Leandro. <br /> <br />1.6 “Completion” means that point at which there is Final Acceptance by the City of a Construction <br />Contract. For this definition of “Completion”, “Final Acceptance” shall mean that point in time at which <br />the engineer for the City has determined upon final inspection that the work has been completed in all <br />respects and all required contract documents, contract drawings, warranties, certificates, manuals and <br />data have been submitted and training completed in accordance with the contract documents and the <br />City Council has accepted the work. <br /> <br />1.7 “Contractor(s)” or “Contractor(s)/Employer(s)” means any individual, firm, partnership or <br />corporation, or other business entity, or combination thereof, including joint ventures that is an <br />independent business enterprise, and their successors and assigns that has entered into a contract with <br />the City with respect to the construction work necessary for any part of a Project, under contract terms <br />and conditions approved by the City and which incorporate this Agreement, and any of its contractors or <br />subcontractors of any tier. <br /> <br />Docusign Envelope ID: 23D71AEE-659C-4B6B-8D08-6EB3E43824A2