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<br />Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 10 of 16
<br />Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which SWIMS accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, SWIMS and any of its employees, agents, and sub-Contractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 SWIMS Not an Agent. Except as City may specify in writing, SWIMS shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. SWIMS shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. SWIMS and any sub-Contractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, SWIMS and any sub-Contractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. SWIMS represents and warrants to City that SWIMS and its employees, agents, and any sub-Contractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. SWIMS represents and warrants to City that SWIMS and its employees, agents, any sub-Contractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, SWIMS and any sub-Contractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. SWIMS shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub- Contractors, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by SWIMS under this Agreement. SWIMS shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this
<br />DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567
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