Agmt 2008 Alameda County Waste Management Authority ACWMA

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