CSA Syntech Systems/Fuelmaster for Replacement of City Fuel Card System

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are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach; Obtain such insurance and deduct and retain, the amount of the premiums for such insurance from any sums due under the Agreement: Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or 0 Terminate this Agreement, 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultants services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection, 13 - however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution, to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an, Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever, Un�� "ey-11 52 *fflts 9 1&1 A 7.1 Govern ina Law. The laws of the State of California! shall govern this Agreement, 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws, and regulations applicable to, the performance of the work hereunder, including but not limited to, the California Building Code, the Americans w,ith Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. Consulting Services Agreement between City of San Leandro and Syntech Systems/Fuel Master May 7, 2018 Page 7 of 13