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Agmt 2010 Environmental Science Associates
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Agmt 2010 Environmental Science Associates
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Last modified
7/20/2012 5:21:54 PM
Creation date
10/7/2010 1:37:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/4/2010
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PERM
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Reso 2010-129
(Approved by)
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\City Clerk\City Council\Resolutions\2010
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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 govem this Agreement. <br /> 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with <br /> • all laws applicable to the performance of the work hereunder. <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 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 <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 effect <br /> at all times during the term of this Agreement any licenses, permits, and approvals that are <br /> legally required to practice their respective professions. In addition to the foregoing, <br /> Consultant and any subcontractors shall obtain and maintain during the term of this <br /> 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 handicap or <br /> disability, medical condition, marital status, sex, or sexual orientation, against any <br /> Consulting Services Agreement between October 4, 2010 <br /> City of San Leandro and ESA <br /> • <br />
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