NPSA Shade Comforts for Shade Sail at Marina v2

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Non-Professional Services Agreement between March 25, 2025 City of San Leandro and Shade Comforts, Inc. Page 1 of 17 NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND SHADE COMFORTS, INC. FOR SHADE SAIL REPLACEMENT AT MARINA PARK THIS AGREEMENT for shade sail installation services (“Agreement”) is made by and between the City of San Leandro (“City”) and Shade Comforts, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of March 25, 2025 (the “Effective Date”). NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree to the Agreement as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A, incorporated herein by this reference, 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, 2025, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor 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. Contractor 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 Contractor is engaged and in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement to the standards of quality normally observed by a person practicing in Contractor’s profession. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel consistent with Section 1.2 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor 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 Contractor’s obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works Docusign Envelope ID: 26721240-71F6-4B56-8372-174DC0841ED9