Agmt 2008 Alameda County Waste Management Authority ACWMA

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Failure to comply with the provisions of Appendices A or B is a material breach of this Agreement and may result in withholding of grant funds pending cure of the breach (if cure is permitted by the WMA or otherwise allowed under this Agreement), whole or partial suspension or termination of this Agreement, recovery of funds paid to Grantee under this Agreement, withholding of future grant awards or other legal or equitable remedies provided by law. shall: In addition to the other duties or obligations provided for in this Agreement, Grantee a. Perform Grantee's duties to the best of Grantee's ability and in accordance with the generally accepted professional and ethical standards of Grantee's profession and community. Grantee agrees to perform Grantee's duties at all times in strict accordance with currently approved methods and practices in Grantee's field and in accordance with the standards required by the WMA. All duties shall be performed and rendered in a safe, competent, efficient, timely and satisfactory manner. b. Observe and comply with all general rules and regulations established by the WMA. c. Observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal and local safety regulations. All services performed by Grantee must be in accordance with these laws, ordinances, codes and regulations. 3. Distribution of Grant Funds Terms and conditions for the distribution of grant funds from WMA to Grantee are described in Appendix B attached hereto and hereby incorporated herein. 4. Independent Contractor No relationship of employer and employee is created by this Agreement. It is understood by Grantee that Grantee is acting and shall act as an independent contractor. In performing the work, services or purchase of property authorized by this Agreement, Grantee at all times shall ensure that its activities shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards of the WMA and those set forth in Appendix A. Grantee shall also perform said work and services in strict accordance with currently approved methods and practices in Grantee's field and in a manner fully consistent with the objectives of the WMA as set forth in this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the WMA and any subcontractor or employee of Grantee. 5. Benefits and Taxes. Except as set forth in Appendix B, Grantee and any subcontractors or employees of Grantee shall not have any claim under this Agreement or otherwise against WMA for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical ACWMA Grant Agreement Page 2 of 14 San Leandro Senior Center (COSL Project 210-18-116)