<br />6.2
<br />
<br />Section 7.
<br />
<br />7.1
<br />
<br />7.2
<br />
<br />7.3
<br />
<br />7.4
<br />
<br />7.5
<br />
<br />personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have
<br />the right to control the means by which Consultant accomplishes services
<br />rendered pursuant to this Agreement. Notwithstanding any other City, state, or
<br />federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and
<br />any of its employees, agents, and subcontractors providing services under this
<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 eligibility 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 />Consultant No A2: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 />LEGAL REQUIREMENTS.
<br />
<br />Governin2: Law. The laws of the State of California shall govern this Agreement.
<br />
<br />Compliance with Applicable Laws. Consultant and any subcontractors shall
<br />comply with all laws applicable to the performance of the work hereunder.
<br />
<br />Other Governmental Re2: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 />Licenses and Permits. Consultant represents and warrants to City that Consultant
<br />and its employees, agents, and any subcontractors have all licenses, permits,
<br />qualifications, and approvals of whatsoever nature that are legally required to
<br />practice their respective professions. Consultant represents and warrants to City
<br />that Consultant and its employees, agents, any subcontractors shall, at their sole
<br />cost and expense, keep in effect at all times during the term of this Agreement any
<br />licenses, permits, and approvals that are legally required to practice their
<br />respective professions. In addition to the foregoing, Consultant and any
<br />subcontractors sha1l obtain and maintain during the term of this Agreement valid
<br />Business Licenses from City.
<br />
<br />Nondiscrimination and Equal Opportunity. Consultant sha1l 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 />
<br />Marina Environmental & Regulatory Constraints Assessment
<br />
<br />May 7, 2007
<br />Page 9 of 18
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