8D Consent 2008 0407 - Laserfiche WebLink

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D. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this Agreement. X1. LOSS INSURANCE The provision of this section with a check mark, "x" or equivalent mark opposite it will apply at the commencement of the Agreement. ❑ Throughout the term of this Agreement, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement. This insurance shall be issued by a company or companies admitted to transact business in the State. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to ABAG. ❑ If at the commencement of this Agreement, the Grantee self -insures against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, the Grantee shall submit written evidence of such self- insurance for approval by ABAG, at its sole discretion. If at any time during the term of the Agreement, the Grantee ceases to be self-insured, the Grantee shall comply with insurance requirements set forth in the preceding section. ABAG is not responsible for premiums and assessments on any insurance policy. X11. AUDITS/ACCOUNTING/RECORDS The Grantee shall maintain standard financial accounts, documents, and records relating to the construction of the Project. The Grantee shall retain these documents for three (3) years following the date of final disbursement by ABAG under this Agreement, regardless of the termination date. The documents shall be subject to examination and audit by ABAG and the Bureau of State Audits during this period. The Grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. XIII. NONDISCRIMINATION During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy disability leave. The Grantee and its contractor(s) shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractor(s) shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into this Agreement. The Grantee and its contractor(s) shall give written notice of their obligations -8- Construction Grant Agreement - 2008