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<br />Consulting Services Agreement between City of San Leandro and Foster & Foster 12/12/2022
<br />Actuarial Consulting Services for CalPERS Analysis Page 9 of 15
<br />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 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
<br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
<br />Consultant shall have no authority, express or implied, pursuant to this Agreement to bind
<br />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. Consultant and any subcontractors shall comply with
<br />all 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. Consultant’s failure to comply with any law(s) or
<br />regulation(s) applicable to the performance of the work hereunder shall constitute a breach
<br />of contract.
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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, Consultant and any subcontractors shall
<br />comply with all applicable rules and regulations to which City is bound by the terms of such
<br />fiscal assistance program.
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<br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant and its employees,
<br />agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times
<br />during the term of this Agreement any licenses, permits, and approvals that are legally
<br />required to practice their respective professions. In addition to the foregoing, Consultant
<br />and any subcontractors shall obtain and maintain during the term of this Agreement valid
<br />Business Licenses from City.
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<br />7.5 Nondiscrimination and Equal Opportunity. Consultant 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 employee,
<br />applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient
<br />of, or applicant for any services or programs provided by Consultant under this Agreement.
<br />Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and
<br />requirements related to equal opportunity and nondiscrimination in employment, contracting,
<br />and the provision of any services that are the subject of this Agreement, including but not
<br />limited to the satisfaction of any positive obligations required of Consultant thereby.
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<br />DocuSign Envelope ID: 1BEB6A68-E2EB-4930-BE17-88C23D3970B2
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