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Attachment 3 <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT is made and entered into this 1st day of January, 2016, by and <br /> between the City of Livermore ("Livermore"), a municipal corporation, the City of Pleasanton, a <br /> municipal corporation ("Pleasanton" together with Livermore, collectively, "Cities"), and ECHO <br /> Housing ("Consultant"). <br /> RECITALS <br /> Cities require first-time homebuyer education services to support the Cities' housing <br /> programs. <br /> Consultant warrants it possesses the distinct professional skills, qualifications, <br /> experience, and resources necessary to timely perform the services described in this <br /> Agreement. Consultant acknowledges Cities have relied upon these warranties to retain <br /> Consultant. <br /> AGREEMENT <br /> NOW, THEREFORE, Cities and Consultant hereby agree that the aforementioned <br /> recitals are true and correct and further agree as follows: <br /> 1. Retention as Consultant. Cities hereby retain Consultant, and Consultant hereby <br /> accepts such engagement, to perform the services described in Section 3 below subject to the <br /> terms and conditions in this Agreement. <br /> 2. Relationship of Parties — Independent Contractors. The relationship of the parties <br /> shall be that of independent contractors. Consultant and its employees are not Cities officers <br /> or employees. Consultant is responsible for the supervision and management of its <br /> employees, including any workers compensation insurance, withholding taxes, unemployment <br /> insurance, and any other employer obligations associated with the delivery of the services <br /> contemplated by this Agreement. <br /> 3. Description of Services. Consultant shall provide professional homebuyer education <br /> and housing referral services which will support the affordable housing programs of the Cities as <br /> more particularly set forth in Exhibit A" (collectively "the Services"). <br /> 4. Consultant's Responsibilities. Consultant shall: <br /> (a) Diligently perform the Services in a manner commensurate with industry, <br /> professional, and community standards; <br /> (b) Provide the resources necessary to complete the Services in a timely manner; <br /> (c) Obtain a business licenses from the City of Livermore and the City of Pleasanton <br /> respectively, and keep them in effect for the term of this Agreement; <br /> Professional Services Agreement Page 1 <br /> Rev. 7/15 <br />