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8F Consent 2008 1215
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8F Consent 2008 1215
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Last modified
12/17/2008 11:39:44 AM
Creation date
12/12/2008 9:23:56 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/15/2008
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_CC Agenda 2008 1215
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 1215
Reso 2008-146
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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Grantee is or was qualified to receive grant funds under this Agreement for the entire time that <br />Grantee made use of such funds or property acquired with such funds, (ii) to determine the <br />reasonable cost of work, services or other activities provided by Grantee or its subcontractors <br />under this Agreement, (iii) to evaluate whether or not Grantee is pertorming or has pertormed as <br />required under this Agreement, and (iv) to evaluate the Grantee's business or other activities to <br />confirm Grantee's ability to pertorm as required under this Agreement. <br />12. Conflict of Interest <br />a. The Grantee warrants that, to the best of the Grantee's knowledge and <br />belief, there are no relevant facts or circumstances which could give rise to a conflict of interest, <br />or that the Grantee has already disclosed all such relevant information. <br />b. The Grantee agrees that, if any actual or potential conflict of interest is <br />discovered after this Agreement is approved by the WMA, Grantee will make a full disclosure in <br />writing to the WMA. This disclosure shall include a description of actions which the Grantee has <br />taken or proposes to take, after consultation with the WMA to avoid, mitigate, or neutralize the <br />actual or potential conflict. Within 45 days, the Grantee shall have taken all necessary steps to <br />avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the WMA. <br />c. No officer, member or employee of the WMA and no member of the WMA <br />governing body shall have any pecuniary interest, direct or indirect, in this Agreement or the <br />proceeds thereof. <br />d. Failure to comply with this section shall constitute a material breach of <br />this Agreement. <br />13. Discrimination Prohibited <br />Grantee assures that Grantee will comply with Title VII of the Civil Rights Act of 1964 <br />and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, <br />national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non- <br />merit factors be excluded from participating in, be denied the benefits of, or be otherwise <br />subjected to discrimination under this Agreement. Failure to comply with this section shall <br />constitute a material breach of this Agreement. <br />14. Rights to Material Produced or Property Purchased <br />WMA shall have aroyalty-free, exclusive, and irrevocable license to reproduce, publish, <br />use, and to authorize others to do so, all original writings, sound recordings, pictorial <br />reproductions, drawings, computer programs, and other works of similar nature produced in the <br />course of or under this Agreement. Grantee agrees to deliver a reproducible copy of such <br />documents and materials to the WMA on completion of the work or services or other activities <br />under this Agreement. Grantee shall not publish any such material without prior written consent <br />of WMA. Grantee shall have the right to keep copies of all documents and materials developed <br />under this Agreement. The Grantee shall not be prevented from disclosing or using the <br />documents and materials, or any portion thereof, which: (a) has been previously made available <br />to the public or which is made available by WMA hereafter, or (b) which was already in the <br />Grantee's possession prior to services pertormed under this Agreement. The WMA recognizes <br />Grantee's need to make reference to this project as a part of the experience qualifications for <br />ACWMA Grant Agreement Page 4 of 14 <br />San Leandro Senior Center (COSL Project 210-18-116) <br />i <br />
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