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PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT is made and entered into this day of <br /> 2017, by and between the City of Livermore, a municipal corporation ("City"), the City of <br /> Pleasanton, a municipal corporation ("Pleasanton" together with Livermore, collectively <br /> "Cities"), and Eden Council for Hope and Opportunity ("Consultant"), a California non- <br /> profit corporation. <br /> RECITALS <br /> Cities require professional services to provide first-time homebuyer education <br /> services to support the Cities' 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 <br /> 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 /> Cities' officers or employees. Consultant is responsible for the supervision and <br /> management of its employees, including any workers' compensation insurance, <br /> withholding taxes, unemployment insurance, and any other employer obligations <br /> 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 /> First-time homebuyer education and housing referral services which will support the <br /> affordable housing programs of the Cities. <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 <br /> manner; <br /> Professional Services Agreement—ECHO Housing Page 1 <br /> Rev. 4/17 <br />