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<br />Legal Services Agreement between City of San Leandro and Last revised 04/24/2021 <br />Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Page 10 of 18 <br /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND ATTORNEY’S RESPONSIBILITIES. Refer to <br />the attached Exhibit C, which is incorporated herein and made a part of <br />this Agreement. <br /> <br />Section 6. STATUS OF ATTORNEY. <br /> <br />6.1 Independent Contractor. At all times during the term of this Agreement, <br />Attorney shall be an independent contractor and shall not be an employee <br />of City. City shall have the right to control Attorney only insofar as the <br />results of Attorney's services rendered pursuant to this Agreement and <br />assignment of personnel pursuant to Subsection 1.3; however, otherwise <br />City shall not have the right to control the means by which Attorney <br />accomplishes services rendered pursuant to this Agreement. <br />Notwithstanding any other City, state, or federal policy, rule, regulation, <br />law, or ordinance to the contrary, Attorney and any of its employees, <br />agents, and subcontractors providing services under this Agreement shall <br />not qualify for or become entitled to, and hereby agree to waive any and <br />all claims to, any compensation, benefit, or any incident of employment by <br />City, including but not limited to eligibility to enroll in the California Public <br />Employees Retirement System (PERS) as an employee of City and <br />entitlement to any contribution to be paid by City for employer <br />contributions and/or employee contributions for PERS benefits. <br /> <br />6.2 Attorney Not an Agent. Except as City may specify in writing, Attorney <br />shall have no authority, express or implied, to act on behalf of City in any <br />capacity whatsoever as an agent. Attorney shall have no authority, <br />express or implied, pursuant to this Agreement to bind City to any <br />obligation whatsoever. <br /> <br />Section 7. LEGAL REQUIREMENTS. <br /> <br />7.1 Governing Law. The laws of the State of California shall govern this <br />Agreement. <br /> <br />7.2 Compliance with Applicable Laws. Attorney and any subcontractors <br />shall comply with all laws and regulations applicable to the performance of <br />the work hereunder, including but not limited to, the California Building <br />Code, the Americans with Disabilities Act, and any copyright, patent or <br />trademark law. Attorney’s failure to comply with any law(s) or regulation(s) <br />applicable to the performance of the work hereunder shall constitute a <br />breach of contract. <br />433