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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 Califomia 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 Califomia 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 Califomia shall govem 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 govemmental 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 /> this Agreement any licenses, permits, and approvals that are legally required to practice their
<br /> respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain
<br /> and maintain during the term of this Agreement valid Business Licenses from City.
<br /> 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a
<br /> person's race, religion, color, national origin, age, physical or mental handicap or disability, medical
<br /> condition, marital status, sex, or sexual orientation, against any employee, applicant for
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