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claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the <br />City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense <br />and indemnity within 30 days, in addition to any other remedy authorized bylaw, so much of the money due the <br />Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be <br />retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts <br />or rejects the tender of defense, whichever occurs first. <br />In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this <br />Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System <br />(PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold <br />harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of <br />Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on <br />such contributions, which would otherwise be the responsibility of City. <br />Section 6. STATUS OF CONTRACTOR. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an <br />independent contractor and shall not be an employee of City. City shall have the right to control <br />Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement <br />and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have <br />the right to control the means by which Contractor accomplishes services rendered pursuant to this <br />Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or <br />ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors <br />providing services under this Agreement shall not qualify for or become entitled to, and hereby <br />agree to waive any and all claims to, any compensation, benefit, or any incident of employment by <br />City, including but not limited to eligibility to enroll in the California Public Employees Retirement <br />System (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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. <br />Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to <br />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. Contractor and any subcontractors shall comply with all laws <br />applicable to the performance of the work hereunder. <br />7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal <br />assistance from another governmental entity, Contractor and any subcontractors shall comply with <br />all applicable rules and regulations to which City is bound by the terms of such fiscal assistance <br />program. <br />7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its <br />employees, agents, and any subcontractors have all licenses, permits, qualifications, and <br />approvals of whatsoever nature that are legally required to practice their respective professions, <br />Contractor represents and warrants to City that Contractor and its employees, agents, any <br />subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of <br />