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<br />Section 6. STATUS OF CONSULTANT.
<br />6.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall
<br />be an independent Consultant and shall not be an employee of City. City shall have the
<br />right to control Consultant only insofar as the results of Consultant's services rendered
<br />pursuant to this Agreement; however, otherwise City shall not have the right to control the
<br />means by which Consultant accomplishes services rendered pursuant to this Agreement.
<br />Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance
<br />to the contrary, Consultant and any of its employees, agents, and subcontractors providing
<br />services under this Agreement shall not qualify for or become entitled to, and hereby agree
<br />to waive any and all claims to, any compensation, benefit, or any incident of employment
<br />by City, including but not limited to eligibility to enroll in the California Public Employees
<br />Retirement System (PERS) as an employee of City and entitlement to any contribution to
<br />be paid by City for employer contributions and/or employee contributions for PERS
<br />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, unless expressly authorized by the City.
<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 applicable to the performance of the work hereunder.
<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 />Consulting Services Agreement between August 1, 2020
<br />City of San Leandro and Local Artists Berkeley Page 10 of 19
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