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<br />Consulting Services Agreement between City of San Leandro and Last revised 04/02/2025 <br />Building Futures for San Leandro Shelter and Sister Me Home (HHAP) Page 4 of 11 <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. City shall make available to Consultant only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. Consultant shall make a written <br />request to City to use facilities or equipment not otherwise listed herein. <br /> <br />City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be <br />reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and <br />the information in possession of the City. The location, quantity, and time of furnishing those facilities shall <br />be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve <br />incurring any direct expense, including but not limited to computer, long-distance telephone or other <br />communication charges, vehicles, and reproduction facilities. <br /> <br />Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached <br />Exhibit C, which is incorporated herein and made a part of this Agreement. <br /> <br />Section 5. INSURANCE REQUIREMENTS. Refer to the attached Exhibit D. <br /> <br />Section 6. STATUS OF CONSULTANT. <br /> <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br />be an independent contractor and shall not be an employee of City. City shall have the <br />right to control Consultant only insofar as the results of Consultant's services rendered <br />pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; <br />however, otherwise City shall not have the right to control the means by which Consultant <br />accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br />City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant <br />and any of its employees, agents, and subcontractors providing services under this <br />Agreement shall not qualify for or become entitled to, and hereby agree to waive any and <br />all claims to, any compensation, benefit, or any incident of employment by City, including <br />but 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. <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 /> 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 />Docusign Envelope ID: BDAC0040-4808-4BBD-9516-223265624568