|
<br />Consulting Services Agreement between City of San Leandro and Last revised 03/10/2022
<br />Robert Half International Inc. for Staff Augmentation Page 8 of 15
<br />pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3;
<br />however, otherwise City shall not have responsibility for disciplining, hiring and firing
<br />Consultant. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
<br />ordinance to the contrary, Consultant and any of its employees, agents, and
<br />subcontractors providing services under this Agreement shall not qualify for or become
<br />entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or
<br />any incident of employment by City, including but not limited to eligibility to enroll in the
<br />California Public Employees Retirement System (PERS) as an employee of City and
<br />entitlement to any contribution to be paid by City for employer contributions and/or
<br />employee contributions for PERS benefits.
<br />
<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
<br />agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
<br />to bind City to any obligation whatsoever.
<br />
<br />Section 7. LEGAL REQUIREMENTS.
<br />
<br />7.1 Governing Law. The laws of the State of California shall govern this Agreement.
<br />
<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.
<br />
<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
<br />shall comply with all applicable rules and regulations to which City is bound by the terms of
<br />such fiscal assistance program, which shall be communicated to Consultant by City in
<br />writing and signed by all parties.
<br />
<br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
<br />its employees, agents, and any subcontractors have all licenses, permits, qualifications,
<br />and approvals of whatsoever nature that are legally required to practice their respective
<br />professions. Consultant represents and warrants to City that Consultant 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 perform staffing services. In addition to the foregoing, Consultant and
<br />any subcontractors shall obtain and maintain during the term of this Agreement valid
<br />Business Licenses from City.
<br />
<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
<br />DocuSign Envelope ID: 92A76086-CE3C-411D-AF9B-9E27CA3BD1C2
|