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25G - AGMT MICROSOFT SOFTWARE
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25G - AGMT MICROSOFT SOFTWARE
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Last modified
1/16/2020 6:58:17 PM
Creation date
1/16/2020 6:20:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25G
Date
1/21/2020
Destruction Year
2025
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Licensing Solution Provider Agreement Number PSA-0001530 <br />to inform the COUNTY of all the CONTRACTOR's interests, if any, which are or may be <br />perceived as incompatible with the COUNTY's interests. <br />13.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to <br />influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from <br />individuals or firms with whom the CONTRACTOR is doing business or proposing to do business, <br />in accomplishing the work under this Agreement. <br />13.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment <br />directly or indirectly to COUNTY employees. <br />13.4 CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and <br />assurance to ensure proper performance under this Agreement; and shall permit a COUNTY <br />representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR's <br />performance under this Agreement at any time, upon reasonable notice to the CONTRACTOR. <br />14. Independent Contractor/Employment Eligibility/Non-Discrimination: <br />14.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and <br />shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the <br />CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled <br />to any benefits to which COUNTY employees are entitled, including but not limited to overtime, <br />any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. <br />There shall be no employer -employee relationship between the parties; and CONTRACTOR shall <br />hold COUNTY harmless from any and all claims that may be made against COUNTY based upon <br />any contention by a third party that an employer -employee relationship exists by reason of this <br />Agreement. It is further understood and agreed by the parties that CONTRACTOR in the <br />performance of this Agreement is subject to the control or direction of COUNTY merely as to the <br />results to be accomplished and not as to the means and methods for accomplishing the results. <br />14.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state <br />statutes and regulations regarding the employment of aliens and others and to ensure that <br />employees performing work under this Agreement meet the citizenship or alien status requirement <br />set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees <br />performing work hereunder, all verification and other documentation of employment eligibility <br />status required by federal or state statutes and regulations including, but not limited to, the <br />Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and <br />as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all <br />covered employees, for the period prescribed by the law. <br />14.3 CONTRACTOR shall not discriminate in the provision of services, allocation of benefits, <br />accommodation in facilities, or employment of personnel on the basis of ethnic group <br />identification, race, religious creed, color, national origin, ancestry, physical handicap, medical <br />condition, marital status or sex in the performance of this Agreement; and, to the extent they shall <br />be found to be applicable hereto, shall comply with the provisions of the California Fair <br />Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 <br />12)s Qft5 <br />
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