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8K Consent Calendar 2017 1218
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8K Consent Calendar 2017 1218
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12/13/2017 11:32:48 AM
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12/13/2017 11:32:47 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/18/2017
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Reso 2017-174
(Reference)
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\City Clerk\City Council\Resolutions\2017
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Non-Professional Services Agreement between City of San Leandro and <br />RTC Construction Management, Inc. for WPCP Pipe Removal & Relocation Project Page 9 of 20 <br />6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. <br />Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to <br />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. Contractor and any subcontractors shall comply with all laws <br />applicable to the performance of the work hereunder. <br />7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal <br />assistance from another governmental entity, Contractor and any subcontractors shall comply with <br />all applicable rules and regulations to which City is bound by the terms of such fiscal assistance <br />program. <br />7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor 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 professions. <br />Contractor represents and warrants to City that Contractor and its employees, agents, any <br />subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of <br />this Agreement any licenses, permits, and approvals that are legally required to practice their <br />respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain <br />and maintain during the term of this Agreement valid Business Licenses from City. <br />7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a <br />person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical <br />condition, marital status, sex, or sexual orientation, against any employee, applicant for <br />employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for <br />any services or programs provided by Contractor under this Agreement. Contractor shall comply <br />with all applicable federal, state, and local laws, policies, rules, and requirements related to equal <br />opportunity and nondiscrimination in employment, contracting, and the provision of any services <br />that are the subject of this Agreement, including but not limited to the satisfaction of any positive <br />obligations required of Contractor thereby. <br />Contractor shall include the provisions of this Subsection in any subcontract approved by the <br />Contract Administrator or this Agreement. <br />Section 8. TERMINATION AND MODIFICATION. <br />8.1 Termination. City may cancel this Agreement at any time and without cause upon written <br />notification to Contractor. <br />Contractor may cancel this Agreement upon thirty days’ written notice to City and shall include in <br />such notice the reasons for cancellation. <br />213
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