<br />.'
<br />
<br />Agreement shall not qualify for or become entitled to, and hereby agree to waive
<br />any and all claims to, any compensation, benefit, or any incident of employment
<br />by City, including but not limited to eligibillty to enroll in the California Public
<br />Employees Retirement System (PERS) as an employee of City and entitlement to
<br />any contribution to be paid by City for employer contributions and/or employee
<br />contributions for PERS benefits.
<br />
<br />6.2
<br />
<br />Consultant No Ae:ent Except as City may specify in writing, Consultant shall
<br />have no authority, express or implied, to act on behalf of City in any capacity
<br />whatsoever as an agent. Consultant shall have no authority, express or implied,
<br />pursuant to this Agreement to bind City to any obligation whatsoever.
<br />
<br />Section 7.
<br />
<br />LEGAL REQUIREMENTS.
<br />
<br />7.1 Governinl! Law. The laws of the State of California shall govern this
<br />Agreement.
<br />
<br />7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall
<br />comply with all laws applicable to the performance of the work hereunder.
<br />
<br />7.3 Other Governmental Ree:ulations. To the extent that this Agreement may be
<br />funded by fiscal assistance from another governmental entity, Consultant and any
<br />subcontractors shall comply with all applicable rules and regulations to which
<br />City is bound by the terms of such fiscal assistance program.
<br />
<br />7.4 Licenses and Permits. Consultant represents and warrants to City that
<br />Consultant and its employees, agents, and any subcontractors have all licenses,
<br />permits, qualifications, and approvals of whatsoever nature that are legally
<br />required to practice their respective professions. Consultant represents and
<br />warrants to City that Consultant and its employees, agents, any subcontractors
<br />shall, at their sole cost and expense, keep in effect at all times during the term of
<br />this Agreement any licenses, permits, and approvals that are legally required to
<br />practice their respective professions. In addition to the foregoing, Consultant and
<br />any subcontractors shall obtain and maintain during the term of this Agreement
<br />valid Business Licenses from City.
<br />
<br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
<br />on the basis of a person's race, religion, color, national origin, age, physical or
<br />mental handicap or disability, medical condition, marital status, sex, or sexual
<br />orientation, against any employee, applicant for employment, subcontractor,
<br />bidder for a subcontract, or participant in, recipient of, or applicant for any
<br />services or programs provided by Consultant under this Agreement. Consultant
<br />shall comply with all applicable federal, state, and local laws, policies, rules, and
<br />requirements related to equal opportunity and nondiscrimination in employment,
<br />contracting, and the provision of any services that are the subject of this
<br />
<br />Consulting Services Agreement between
<br />City of San Leandro and Kennedy/Jenks Consultants
<br />
<br />March 19, 2007
<br />Page 9 of 17
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