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Attachment 1 <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT is made and entered into this day of , <br /> 2016, by and between the City of Livermore ("Livermore"), a municipal corporation, the <br /> City of Pleasanton ("Pleasanton") (collectively, "Cities"), on behalf of the Livermore- <br /> Pleasanton Fire Department (LPFD) and Tetra Tech Inc ("Consultant"), a Delaware <br /> corporation <br /> RECITALS <br /> LPFD is a joint powers authority, created by the Cities of Livermore and <br /> Pleasanton <br /> The Cities, on behalf of LPFD, require professional services to update their <br /> Comprehensive Emergency Management Plans (CEMP) and Local Hazard Mitigation <br /> Plans (LHMP) <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 City has relied upon these warranties to retain <br /> Consultant <br /> AGREEMENT <br /> NOW, THEREFORE, Cities, on behalf of LPFD, and Consultant hereby agree <br /> that the aforementioned recitals are true and correct and further agree as follows <br /> 1. Retention as Consultant. Cities, on behalf of LPFD, hereby retain Consultant, <br /> and Consultant hereby accepts such engagement, to perform the services described in <br /> Section 3 below subject to the terms and conditions in this Agreement <br /> 2. Relationship of Parties — Independent Contractors. The relationship of the <br /> parties shall be that of independent contractors Consultant and its employees are not <br /> officers or employees of Livermore, Pleasanton, or LPFD Consultant is responsible for <br /> the supervision and management of its employees, including any workers compensation <br /> insurance, withholding taxes, unemployment insurance, and any other employer <br /> obligations associated with the delivery of the services contemplated by this Agreement <br /> 3. Description of Services. Consultant shall provide the following professional <br /> services as 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 /> Professional Services Agreement Page 1 <br /> Rev 7/16 <br /> k <br />