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payment of any employee and /or employer contributions for PERS benefits on behalf of <br />Consultant or its employees, agents, or subcontractors, as well as for the payment of any <br />penalties and interest on such contributions, which would otherwise be the responsibility of City. <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this Agreement, <br />Consultant shall be an independent contractor and shall not be an employee of <br />City. City shall have the right to control Consultant only insofar as the results of <br />Consultant's services rendered pursuant to this Agreement and assignment of <br />personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have <br />the right to control the means by which Consultant accomplishes services <br />rendered pursuant to this Agreement. Notwithstanding any other City, state, or <br />federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and <br />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 <br />any and all claims to, any compensation, benefit, or any incident of employment <br />by City, including but not limited to eligibility to enroll in the California Public <br />Employees Retirement System (PERS) as an employee of City and entitlement <br />to any contribution to be paid by City for employer contributions and /or employee <br />contributions for PERS benefits. <br />6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant <br />shall have no authority, express or implied, to act on behalf of City in any <br />capacity whatsoever as an agent. Consultant shall have no authority, express or <br />implied, pursuant to this 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 <br />Agreement. <br />7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall <br />comply with all laws applicable to the performance of the work hereunder. <br />7.3 Other Governmental Regulations. To the extent that this Agreement may be <br />funded by fiscal assistance from another governmental entity, Consultant and <br />any subcontractors shall comply with all applicable rules and regulations to which <br />City is bound by the terms of such fiscal assistance program. <br />7.4 Licenses and Permits. Consultant represents and warrants to City that <br />Consultant and its employees, agents, and any subcontractors have all licenses, <br />permits, qualifications, and approvals of whatsoever nature that are legally <br />required to practice their respective professions. Consultant represents and <br />warrants to City that Consultant and its employees, agents, any subcontractors <br />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 <br />practice their respective professions. In addition to the foregoing, Consultant and <br />Consulting Services Agreement between School Traffic Safety Education (SRTS) <br />City of San Leandro and Safe Moves Page 8 of 14 <br />Project No. 150 -38 -338 <br />