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<br />Non-Professional Services Agreement between October 1, 2022
<br />City of San Leandro and West Coast Arborists, Inc. Page 10 of 16
<br />Section 6. STATUS OF CONTRACTOR.
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<br />6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
<br />be an independent Contractor and shall not be an employee of City. City shall have the
<br />right to control Contractor only insofar as the results of Contractor'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 Contractor
<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, Contractor
<br />and any of its employees, agents, and sub-Contractors 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.
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<br />6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
<br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an
<br />agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
<br />to bind 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. Contractor and any sub-Contractors shall comply
<br />with all laws applicable to the performance of the work hereunder .
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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, Contractor and any sub-Contractors
<br />shall comply with all applicable rules and regulations to which City is bound by the terms of
<br />such fiscal assistance program.
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<br />7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
<br />employees, agents, and any sub-Contractors have all licenses, permits, qualifications, and
<br />approvals of whatsoever nature that are legally required to practice their respective
<br />professions. Contractor represents and warrants to City that Contractor and its
<br />employees, agents, any sub-Contractors shall, at their sole cost and expense, keep in
<br />effect at all times during the term of this Agreement any licenses, permits, and approvals
<br />that are legally required to practice their respective professions. In addition to the
<br />foregoing, Contractor and any sub-Contractors shall obtain and maintain during the term of
<br />this Agreement valid Business Licenses from City.
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<br />7.5 Nondiscrimination and Equal Opportunity. Contractor 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 orientat ion, against any
<br />DocuSign Envelope ID: 218B4D7C-323C-4314-96F6-357E34B4F8D9
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