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<br />Master Services MSA between City of San Leandro and 11/17/2021
<br />VIP for Accela Improvements Page 10 of 18
<br />control VIP only insofar as the results of VIP's services rendered pursuant to this MSA and
<br />assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not
<br />have the right to control the means by which VIP accomplishes services rendered pursuant
<br />to this MSA. Notwithstanding any other City, state, or federal policy, rule, regulation, law,
<br />or ordinance to the contrary, VIP and any of its employees, agents, and subcontractors
<br />providing services under this MSA shall not qualify for or become entitled to, and hereby
<br />agree to waive any and all claims to, any compensation, benefit, or any incident of
<br />employment by City, including but not limited to eligibility to enroll in the California Public
<br />Employees Retirement System (PERS) as an employee of City and entitlement to any
<br />contribution to be paid by City for employer contributions and/or employee contributions for
<br />PERS benefits.
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<br />6.2 VIP Not an Agent. Except as City may specify in writing, VIP shall have no authority,
<br />express or implied, to act on behalf of City in any capacity whatsoever as an agent. VIP
<br />shall have no authority, express or implied, pursuant to this MSA to bind City to any
<br />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 MSA.
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<br />7.2 Compliance with Applicable Laws. VIP and any subcontractors shall comply with all
<br />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. VIP’s failure to comply with any law(s) or regulation(s)
<br />applicable to the performance of the work hereunder shall constitute a breach of contract.
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<br />7.3 Other Governmental Regulations. To the extent that this MSA may be funded by fiscal
<br />assistance from another governmental entity, VIP and any subcontractors shall comply
<br />with all applicable rules and regulations to which City is bound by the terms of such fiscal
<br />assistance program.
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<br />7.4 Licenses and Permits. VIP represents and warrants to City that VIP and its employees,
<br />agents, and any subcontractors have all licenses, permits, qualifications, and approvals of
<br />whatsoever nature that are legally required to practice their respective professions. VIP
<br />represents and warrants to City that VIP and its employees, agents, any subcontractors
<br />shall, at their sole cost and expense, keep in effect at all times during the term of this MSA
<br />any licenses, permits, and approvals that are legally required to practice their respective
<br />professions. In addition to the foregoing, VIP and any subcontractors shall obtain and
<br />maintain during the term of this MSA valid Business Licenses from City.
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<br />7.5 Nondiscrimination and Equal Opportunity. VIP shall not discriminate, on the basis of a
<br />person’s race, religion, color, national origin, age, physical or mental handicap or disability,
<br />medical condition, marital status, sex, or sexual orientation, against any employee,
<br />applicant for employment, subcontractor, bidder for a subcontract, or p articipant in,
<br />recipient of, or applicant for any services or programs provided by VIP under this MSA.
<br />DocuSign Envelope ID: 9F9DB541-0E42-4025-BA38-8A30B1B769DB
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