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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 right <br /> to control Consultant only insofar as the results of Consultant's services rendered pursuant <br /> to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, <br /> 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 all <br /> claims to, any compensation, benefit, or any incident of employment by City, including but <br /> 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 agent. <br /> Consultant shall have no authority, express or implied, pursuant to this Agreement to bind <br /> 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 shall <br /> comply with all applicable rules and regulations to which City is bound by the terms of such <br /> fiscal assistance program. <br /> 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its <br /> employees, agents, and any subcontractors have all licenses, permits, qualifications, and <br /> approvals of whatsoever nature that are legally required to practice their respective <br /> professions. Consultant represents and warrants to City that Consultant and its employees, <br /> agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times <br /> during the term of this Agreement any licenses, permits, and approvals that are legally <br /> required to practice their respective professions. In addition to the foregoing, Consultant <br /> and any subcontractors shall obtain and maintain during the term of this Agreement valid <br /> Business Licenses from City. <br /> Consulting Services Agreement between City of San Leandro and Last revised July 1,2017 <br /> ECHO Housing for Rental Housing Counseling Page 8 of 14 <br />