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Subparagraph 1.3; however, otherwise City shall not have the right to control the means
<br />by which Consultant accomplishes services rendered pursuant to this Agreement.
<br />Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
<br />ordinance to the contrary, Consultant and any of its employees, agents, and
<br />subcontractors providing services under this Agreement shall not qualify for or become
<br />entitled to, and hereby agree to waive any and all claims to, any compensation, benefit,
<br />or any incident of employment by City, including but not limited to eligibility to enroll
<br />in the California Public Employees Retirement System (PERS) as an employee of City
<br />and entitlement to any contribution to be paid by City for employer contributions and/or
<br />employee contributions for PERS benefits.
<br />6.2 Consultant No 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
<br />Agreement 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
<br />with all laws applicable to the performance of the work hereunder.
<br />7.3 Other Governmental Regulations. To the extent that this Agreement maybe funded
<br />by fiscal assistance from another governmental entity, Consultant and any
<br />subcontractors shall comply with all applicable rules and regulations to which City is
<br />bound by the terms of 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 />employees, agents, any subcontractors shall, at their sole cost and expense, keep in
<br />effect at all times during the term of this Agreement any licenses, permits, and
<br />approvals that are legally required to practice their respective professions. In addition
<br />to the foregoing, Consultant and any subcontractors shall obtain and maintain during the
<br />term of this Agreement valid Business Licenses from City.
<br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
<br />basis of a person's race, religion, color, national origin, age, physical or mental
<br />handicap or disability, medical condition, marital status, sex, or sexual orientation,
<br />against any employee, applicant for employment, subcontractor, bidder for a
<br />subcontract, or participant in, recipient of, or applicant for any services or programs
<br />provided by Consultant under this Agreement. Consultant shall comply with all
<br />applicable federal, state, and local laws, policies, rules, and requirements related to
<br />equal opportunity and nondiscrimination in employment, contracting, and the provision
<br />Washington Manor Park Aquatics Center September 26, 2005
<br />Project No. 210-62-002 Page 8 of 16
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