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(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 /> 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 /> Consultant and any subcontractors shall obtain and maintain during the term of this
<br /> Agreement valid Business Licenses from City,
<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
<br /> Agreement, including but not limited to the satisfaction of any positive obligations required
<br /> of Consultant thereby.
<br /> Consulting Services Agreement between City of San Leandro and
<br /> NCE for Annual Street Overlay/Rehabilitation 2017-18 Project Page 9 of 15
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