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<br />Consulting Services Agreement between City of San Leandro and 07/17/2017
<br />Strategic Products and Services, LLC for Cisco Phone System Upgrade Page 10 of 16
<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.
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<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.
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<br />Section 7. LEGAL REQUIREMENTS.
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<br />7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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<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.
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<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.
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<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 />Consultant and any subcontractors shall obtain and maintain during the term of this
<br />Agreement valid Business Licenses from City.
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<br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
<br />basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
<br />disability, medical condition, marital status, sex, or sexual orientation, against any
<br />employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
<br />in, recipient of, or applicant for any services or programs provided by Consultant under this
<br />Agreement. Consultant shall comply with all applicable federal, state, and local laws,
<br />policies, rules, and requirements related to equal opportunity and nondiscrimination in
<br />employment, contracting, and the provision of any services that are the subject of this
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