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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 benefit.
<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 Califomia shall govern 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
<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 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 /> employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
<br /> in, recipient of, or applicant for any services or programs provided by Consultant under this
<br /> •
<br /> Consulting Services Agreement between January 1, 2012
<br /> City of San Leandro and BAHBA Page 7 of 13
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