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ATTACHMENT A ^ Exhibits A & B ^ Certificate(s) of Insurance ^ Professional Liability Insurance DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this 6 day of September 2007, between the CITY OF PLEASANTON, a municipal corporation ("City"), and MLTNDIE & ASSOCIATES, whose address is 3452 SACRAMENTO STREET, SAN FRANCISCO, CA and telephone number is (415) 441-9640 ("Consultant"). RECITALS A. Consultant is qualified and experienced in providing fiscal analysis for new development and redevelopment for the purposes specified in this Agreement. B. City finds it necessary and advisable to use the services of Consultant for the purposes provided in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1. Consultant's Services. Consultant shall diligently perform the fiscal analysis services for the proposed Staples Ranch development and furnish the materials, reports, drawings, and related analysis as described in Exhibit "A", Scope of Work, attached and incorporated to the extent consistent with this Agreement. 2. City Assistance. In order to assist Consultant in this work, City shall provide available data as outlined in Exhibit A. 3. Staff. Consultant shall assign Suzanne Lampert to serve as project manager, who may not be replaced without written consent of City. 4. Term. Time is of the essence. Consultant shall begin work September 12, 2007. The submittal of the study and related documentation as described in Exhibit "A", Scope of Work, shall be submitted no later than January 31, 2008 unless delayed due to conditions beyond Consultant's control includes unavailability of data from City. 5. Compensation. For the services to be rendered, City shall pay Consultant on a time and material basis in an amount not to exceed $42,800 as described more particularly in Exhibit "A,". Payment shall be made upon acceptance of the work by the City and approval of Page 1 of 7