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Agmt 2009 Mark Thomas & Company Inc
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Agmt 2009 Mark Thomas & Company Inc
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Last modified
4/15/2009 12:48:12 PM
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4/15/2009 12:48:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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PERM
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Reso 2009-048
(Approved by)
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\City Clerk\City Council\Resolutions\2009
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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 City. City shall have the <br />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 City shall not have the right to control the means by which Consultant <br />accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br />City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant <br />and 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 any and <br />all claims to, any compensation, benefit, or any incident of employment by City, including <br />but not limited to eligibility to enroll in the California Public Employees Retirement System <br />(PERS) as an employee of City and entitlement to any contribution to be paid by City for <br />employer contributions and/or employee contributions for PERS benefits. <br />6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />agent, Consultant shall have no authority, express or implied, pursuant to this Agreement <br />to bind City 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 law(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 govemmental entity, Consultant and any subcontractors <br />shall comply with all applicable rules and regulations to which City is bound by the terms of <br />such fiscal assistance program. <br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and <br />its employees, agents, and any subcontractors have all licenses, permits, qualifications, <br />and approvals of whatsoever nature that are legally required to practice their respective <br />professions. Consultant represents and warrants to City that Consultant and its <br />Consulting Services Agreement between 08-144-39-012 <br />City of San Leandro and Mark Thomas & Company, Inc. Page 8 <br />
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