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RDA Agmt 2008 Walker Parking Consultants Engineers Inc
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RDA Agmt 2008 Walker Parking Consultants Engineers Inc
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Last modified
2/24/2009 5:48:48 PM
Creation date
5/30/2008 12:59:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/19/2008
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PERM
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RDA Reso 2008-013
(Approved by)
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\City Clerk\City Council\Resolutions\2008
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With respect to third party claims against the Consultant, the Consultant waives any and all rights of any <br />type of expressed or implied indemnity against the Indemnitees. <br />Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by <br />California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to <br />indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br />be an independent contractor and shall not be an employee of Agency, Agency shall have <br />the right to control Consultant only insofar as the results of Consultant's services rendered <br />pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; <br />however, otherwise Agency shall not have the right to control the means by which <br />Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding <br />any other Agency, state, or federal policy, rule, regulation, law, or ordinance to the <br />contrary, Consultant and any of its employees, agents, and subcontractors providing <br />services under this Agreement shall not qualify for or become entitled to, and hereby agree <br />to waive any and all claims to, any compensation, benefit, or any incident of employment <br />by Agency, including but not limited to eligibility to enroll in the California Public Employees <br />Retirement System (PERS) as an employee of Agency and entitlement to any contribution <br />to be paid by Agency for employer contributions and/or employee contributions for PERS <br />benefits. <br />6.2 Consultant Not an Agent. Except as Agency may specify in writing, Consultant shall <br />have no authority, express or implied, to act on behalf of Agency in any capacity <br />whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant <br />to this Agreement to bind Agency to any obligation whatsoever. <br />Section 7. LEGAL REQUIREMENTS. <br />7.1 Governing Law. The laws of the State of California shall govern this Agreement. <br />7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with <br />all laws and regulations applicable to the performance of the work hereunder, including but <br />not limited to, the California Building Code, the Americans with Disabilities Act, and any <br />copyright, patent or trademark law. Consultant's Failure to comply with any taw(s) or <br />regulation(s) applicable to the performance of the work hereunder shall constitute a breach <br />of contract. <br />7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by <br />fiscal assistance from another governmental entity, Consultant and any subcontractors <br />shall comply with all applicable rules and regulations to which Agency is bound by the <br />terms of such fiscal assistance program. <br />Consulting Services Agreement between the Redevelopment Agency of the <br />City of San Leandro and Walker Parking Consultants Page 8 <br />
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