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Agmt 2012 Bay Area Homebuyer Agency (2)
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Agmt 2012 Bay Area Homebuyer Agency (2)
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10/9/2012 9:18:53 AM
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10/9/2012 9:18:52 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2012
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PERM
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Reso 2012-077
(Approved by)
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\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 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 /> 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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