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Attachment A - DRAFT
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<br />RFP No. 60149 Comprehensive Parks Master Plan Page 23 of 44
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<br />6.2 Consultant Not an Agent. Except as City and school districts may specify in writing,
<br />Consultant shall have no authority, express or implied, to act on behalf of City and school
<br />districts in any capacity whatsoever as an agent. Consultant shall have no authority,
<br />express or implied, pursuant to this Agreement to bind City and school districts 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 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
<br />shall comply with all applicable rules and regulations to which City and school districts is
<br />bound by the terms of such fiscal assistance program.
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<br />7.4 Licenses and Permits. Consultant represents and warrants to City and school districts
<br />that Consultant and its employees, agents, and any subcontractors have all licenses,
<br />permits, qualifications, and approvals of whatsoe ver nature that are legally required to
<br />practice their respective professions. Consultant represents and warrants to City and
<br />school districts that Consultant and its employees, agents, any subcontractors shall, at
<br />their sole cost and expense, keep in effect at all times during the term of this Agreement
<br />any licenses, permits, and approvals that are legally required to practice their respective
<br />professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
<br />and maintain during the term of this Agreement valid Business Licenses from City and
<br />school districts.
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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
<br />employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
<br />in, recipient of, or applicant for any services or programs provided by Consultant under this
<br />Agreement. Consultant shall comply with all applicable federal, state, and local laws,
<br />policies, rules, and requirements related to equal opportunity and nondiscrimination in
<br />employment, contracting, and the provision of any services that are the subject of this
<br />Agreement, including but not limited to the satisfaction of any positive obligations required
<br />of Consultant thereby.
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<br />Consultant shall include the provisions of this Subsection in any subcontract approved by
<br />the Contract Administrator or this Agreement.
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