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<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 <br />