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8E Consent 2012 0702
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8E Consent 2012 0702
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7/6/2012 2:38:30 PM
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6/26/2012 5:59:26 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/2/2012
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PERM
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_CC Agenda 2012 0702 RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0702
Reso 2012-077
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Path:
\City Clerk\City Council\Resolutions\2012
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for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the <br />payment of any penalties and interest on such contributions, which would otherwise be the responsibility of <br />City. <br />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 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 governmental 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 />Consulting Services Agreement between July 1, 2012 <br />City of San Leandro and BAHBA Page 8 of 13 <br />989837 -1 <br />
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