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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services <br /> ( � under this Agreement is determined by a court of competent jurisdiction or the California Public Employees <br /> Retirement System(PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall <br /> indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions <br /> 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 /> C.) 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 /> • <br /> Consulting Services Agreement between East San Leandro Bikeway Design.Project <br /> City of San Leandro and Aliquot Associates Page 8 of 14 <br /> Project No. 120-28-189 <br /> • <br />