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EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CLAIMS ADMINISTRATOR: At all times during the term of this Agreement, Claims Administrator shall be an independent Contractor and shall not be an employee of City. City shall have the right to control Claims Administrator insofar as the results of services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Claims Administrator accomplishes services rendered pursuant to this Agreement, except to the extent they are limited by statute, rule or regulation and the express terms of this agreement. 2. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Claims Administrator assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Claims Administrator shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Claims Administrator. 3. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Claims Administrator agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Claims Administrator or Claims Administrator's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, six, age, or sexual orientation will not be tolerated. Claims Administrator agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 4. LICENSES. PERMITS. ETC: Claims Administrator represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Claims Administrator to practice its profession. Claims Administrator represents and warrants to City that Claims Administrator shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Claims Administrator to practice its profession. In addition to the foregoing, Claims Administrator shall obtain and maintain during the term hereof a valid City of San Leandro Business License. City of San Leandro Standard Contractual Services Agreement 5/29/97 AGRE\STANDARD.DOC 257