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2A Public Hearing 2009 0209
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2A Public Hearing 2009 0209
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2/6/2009 9:27:33 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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2/9/2009
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_CC Agenda 2009 0209
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(iii) For any fiscal year commencing with FY2009/10 during which the State of <br />California requires Agency to make an ERAF contribution, Agency shall be permitted to reduce <br />the Annual Payment to One Hundred Sixty Thousand Dollars ($160,000) and delay the <br />remaining Annual Payment of One Hundred Sixty Seven Thousand Seventy Two Dollars <br />($167,072) to FY 2014/15 or subsequent fiscal years, depending on the number of prior years <br />payment was reduced. The repayment schedule set forth in paragraph (ii) above may be <br />extended pursuant to this paragraph for up to five years, to FY 2018/19, at which time the <br />Aggregate Installment Payment would be paid in full. <br />(iv) The execution and delivery of the Joint Use Agreement shall be a condition <br />precedent to Agency's obligation to provide Project financing pursuant to this Agreement. <br />1.4 Responsibility for Additional Project Costs. Except as specifically stated herein, all <br />costs incurred in connection with the design, development and construction of the Project shall <br />be paid by School District, and Agency shall have no obligation for such costs. <br />ARTICLE II <br />DESIGN AND DEVELOPMENT OF PROJECT <br />2.1 Design and Construction of Project. Except as specifically stated herein, School District <br />shall be responsible for the design, development and construction of the Project, and Agency <br />shall have no responsibility for any defects, errors or omissions in the design, construction or <br />installation of the Project. <br />2.2 Schedule of Performance. School District shall complete construction of the Project by <br />not later than 2014. <br />2.3 Construction Standards. All work done in connection with construction of the Project, <br />including subsequent improvement, alteration or replacement, shall be conducted in accordance <br />with all applicable local, state and federal statutes, codes, ordinances, laws and regulations <br />(collectively, "Applicable Laws"), including without limitation, California Labor Code Section <br />1720 et seq., the Americans with Disabilities Act, all applicable competitive bidding <br />requirements, and all provisions of law applicable to school facilities, as and to the extent <br />applicable. School District shall have the responsibility for obtaining all necessary governmental <br />permits and approvals for the development of the Project. <br />2.4 Equal Opportunity. During construction of the Project there shall be no discrimination on <br />the basis of race, religion, color, creed, religion, sex, sexual orientation, marital status, ancestry <br />or national origin in the hiring, firing, promoting or demoting of any person engaged in <br />construction of the Project. School District shall direct its contractors and subcontractors to <br />refrain from discrimination on such basis. <br />3 <br />
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