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Upon request, Grantee shall submit to the WMA certificates of insurance
<br />for the policies listed above. The certificates shall provide that the insurer give written notice to
<br />the WMA at least 10 days prior to cancellation of or any material changes in the policy.
<br />b. If a death, serious personal injury or substantial property damage occurs
<br />in connection with the performance of this Agreement, Grantee shall immediately notify the
<br />WMA by telephone. Grantee shall promptly submit to the WMA a written report, in such form as
<br />may be required by WMA of all accidents, which occur in connection with this Agreement. This
<br />report must include the following information: (1) name and address of the injured or deceased
<br />person(s); (2) names and address of Grantee's subcontractors, if any; (3) name and address of
<br />Grantee's liability insurance carrier; and (4) a detailed description of accident and whether any
<br />of the WMA's equipment, tools, materials or staff were involved. Failure to comply with this
<br />section shall constitute a material breach of this Agreement.
<br />17. Indemnification
<br />Grantee shall indemnify, defend and hold harmless the WMA, its officers, employees,
<br />and agents (collectively "Indemnitees") from and against any and all claims, lawsuits, loss,
<br />liability, expense, costs, fines, penalties, consequences, and suits and damages of every kind,
<br />nature and description, including reasonable attorney fees incurred in the defense thereof
<br />(collectively "Claims") directly or indirectly arising from the performance of this Agreement or the
<br />negligent or intentional acts, errors, or omissions of Grantee, except for those Claims arising
<br />solely out of the intentional or willful misconduct of an Indemnitee. Grantee shall pay all claims,
<br />damages, judgments, legal costs, adjustors' fees and attorneys' fees and attorneys' fees related
<br />to those Claims.
<br />18. Drug-Free Workplace
<br />Grantee and Grantee's subcontractors and employees shall comply with the WMA's
<br />policy of maintaining adrug-free workplace. Neither Grantee nor Grantee's employees shall
<br />unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined
<br />in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any
<br />facility, premises or work-site used in any manner in connection with performing services
<br />pursuant to this Agreement. If Grantee or any employee of Grantee is convicted or pleads nolo
<br />contendere to a criminal drug statute violation occurring at such a facility, premises, or work-
<br />site, the Grantee, within five days thereafter, shall notify the WMA. Failure to comply with this
<br />section shall constitute a material breach of this Agreement.
<br />19. Employment Eligibility
<br />Persons providing work or services under this Agreement shall be required to provide
<br />the necessary documentation to establish identity and employment eligibility as required by the
<br />Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation
<br />shall constitute a material breach of this Agreement and will result in the termination of the
<br />Agreement as required by the Immigration Reform and Control Act of 1986. 20.
<br />Environmentally Preferable Purchasing
<br />Grantee and Grantee's employees shall comply with the WMA's Environmentally
<br />Preferable Purchasing Policy of instituting practices that reduce waste and purchasing products
<br />that include recycled content, are durable and long-lasting, conserve energy and water, and
<br />otherwise minimize environmental impacts, toxics, pollution and hazards to worker and
<br />ACWMA Grant Agreement Page 6 of 14
<br />San Leandro Senior Center (COSL Project 210-18-116)
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