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Attachment "1" <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT, made and entered into this day of 20, by <br /> and between the City of Livermore, a municipal corporation of the State of California (City), <br /> City of Pleasanton, a municipal corporation of the State of California (Pleasanton), City of <br /> Dublin, a municipal corporation of the State of California (Dublin), hereafter referred to as <br /> "Partners," and GeoTerra, Inc. (dba "3Di West (hereinafter referred to as "Consultant <br /> RECITALS <br /> The Partners require the services of Consultant to provide aerial Orthophotography <br /> services as described in the attached Scope of Services "Exhibit A." <br /> Consultant warrants it possesses the distinct professional skills, qualifications, <br /> experience, and facilities necessary to timely perform the services described in this <br /> Agreement. Consultant acknowledges City has relied upon said warranties to retain <br /> Consultant. <br /> AGREEMENT <br /> NOW, THEREFORE, Partners and Consultant hereby agree that the <br /> aforementioned recitals are true and correct and further agree as follows: <br /> 1. Retention as Consultant. Partners hereby retain Consultant, and Consultant <br /> hereby accepts such engagement, to perform the services described in Section 3 below <br /> and subject to the terms and conditions contained in this Agreement. <br /> 2. Relationship of Parties Independent Contractors. The relationship of the <br /> parties shall be that of independent contractors. In no event shall Consultant, or its agents, <br /> representatives, employees, consultants, contractors or subcontractors be considered an <br /> officer, agent, servant or employee of Partners. Consultant shall be solely responsible for <br /> any workers compensation insurance, withholding taxes, unemployment insurance, and <br /> any other employer obligations associated with the performance of the services under this <br /> Agreement. <br /> 3. Description of Services. Consultant shall provide professional aerial <br /> orthophotography services to provide updated aerial imagery of the region as more <br /> particularly set forth in Exhibit "A" attached hereto. <br /> 4. Consultant's Responsibilities. In the performance of services under this <br /> Agreement, Consultant shall: <br /> (a) Diligently perform all services required under this Agreement and <br /> continuously furnish the necessary personnel to complete such services in a timely <br /> manner; <br /> Professional Services Agreement Page 1 <br /> Rev. 3/2007 <br />