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NON- PROFESSIONAL SERVICES AGREEMENT BETWEEN <br /> THE CITY OF SAN LEANDRO AND <br /> MARTIN INDUSTRIES, INC., DBA CLIMATECH <br /> THIS AGREEMENT for non - professional services is made by and between the City of San Leandro <br /> ('City°) and Martin Industries, Inc., DBA Climatech ( (together referred to as the 'Parties ") as of <br /> November 1, 2010 (the 'Effective Date"). <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, and incorporated <br /> herein, at the time and place and in the manner specified therein. In the event of a conflict in or <br /> inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. <br /> 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br /> end on February 1, 2011, and Contractor shall complete the work described in Exhibit A on <br /> or before that date, unless the term of the Agreement is otherwise terminated or extended, <br /> as provided for in Section 8. The time provided to Contractor to complete the services <br /> required by this Agreement shall not affect the City's right to terminate the Agreement, as <br /> referenced in Section 8. <br /> 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this <br /> Agreement according to the standards observed by a competent practitioner of the <br /> industry in which Contractor is engaged. <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 /> 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 Section 1.2 above and to satisfy Contractor's obligations hereunder. • <br /> 1.5 Reserved <br /> 1.6 City of San Leandro Living Wage Rates. This contract may be covered by the City of <br /> San Leandro Living Wage Ordinance (LWO). Contractors attention is directed to the City's <br /> Municipal Code, Title 1, Article 6, Chapter 6. Contractor must submit completed self - <br /> certification form and comply with the LWO, if covered. <br /> 1.7 Federally Funded Project (American Recovery and Reinvestment Act and <br /> Community Development Recovery Act. This project is funded through the American <br /> Recovery and Reinvestment Act (ARRA), therefore wage rate requirements mandated by <br /> the Davis -Bacon Act and the Department of Labor (DOL) apply. <br /> Non- Professional Services Agreement between November 1, 2010 <br /> City of San Leandro and Martin Industries, Inc., DBA Climatech Page 1 of 13 <br />