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but 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
<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 />MERCY RETIR EMENT AND CAR E CENT ER for CAP grant
<br />Last revised 09/12/2019
<br />Page 9of15
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