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Non-Professional Services Agreement between April 30, 2021
<br />City of San Leandro and Denali Water Solutions Page 9 of 14
<br />agree to waive any and 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 Employees Retirement
<br />System (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.
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<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.
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<br />Section 7. LEGAL REQUIREMENTS.
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<br />7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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<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.
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<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.
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<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.
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<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.
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<br />Contractor shall include the provisions of this Subsection in any subcontract approved by the
<br />Contract Administrator or this Agreement.
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<br />Section 8. TERMINATION AND MODIFICATION.
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<br />8.1 Termination. City may cancel this Agreement at any time and without cause upon written
<br />notification to Contractor.
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<br />Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in
<br />such notice the reasons for cancellation.
<br />DocuSign Envelope ID: ACFAA43E-5065-4C20-96F7-B9977B5F8BA6
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