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<br />Non-Professional Services Agreement between January 1, 2021
<br />City of San Leandro and BrightView Landscape Services, Inc. dba Emerald Landscape Page 11 of 17
<br />Agreement shall 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 City, including
<br />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.
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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
<br />agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
<br />to bind City to 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
<br />all laws 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
<br />fiscal assistance from another governmental entity, Contractor 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.
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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
<br />professions. Contractor represents and warrants to City that Contractor 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 />Contractor 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. Contractor 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 Contractor under this
<br />Agreement. Contractor 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 Contractor thereby.
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<br />Contractor shall include the provisions of this Subsection in any subcontract approved by
<br />the Contract Administrator or this Agreement.
<br />DocuSign Envelope ID: 7710F42F-3945-40C1-8E57-59ECEF3ECE61
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