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Agmt 2015 Raimi+Associates
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Agmt 2015 Raimi+Associates
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8/14/2015 9:22:38 AM
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6/5/2015 4:58:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/18/2015
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PERM
Document Relationships
Agmt 2017 Amend No. 1 Raimi+Associates
(Amended by)
Path:
\City Clerk\City Council\Agreements\2017
Reso 2015-098
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2015
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• Obtain such insurance and deduct and retain the amount of the premiums for such <br /> insurance from any sums due under the Agreement; <br /> • Order Consultant to stop work under this Agreement or withhold any payment that <br /> becomes due to Consultant hereunder, or both stop work and withhold any payment, <br /> until Consultant demonstrates compliance with the requirements hereof; and/or <br /> • Terminate this Agreement. <br /> Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached <br /> Exhibit B, which is incorporated herein and made a part of this Agreement. <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 Subsection 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 and regulations applicable to the performance of the work hereunder, including but <br /> not limited to,the California Building Code, the Americans with Disabilities Act, and any <br /> copyright, patent or trademark law. Consultant's failure to comply with any law(s)or <br /> regulation(s)applicable to the performance of the work hereunder shall constitute a breach <br /> of contract. <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 /> Consulting Services Agreement between May 18, 2015 <br /> City of San Leandro and Raimi +Associates Page 8 of 15 <br />
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