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Agmt 2011 Caltrans (5)
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Agmt 2011 Caltrans (5)
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Last modified
12/15/2011 5:47:31 PM
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12/15/2011 5:47:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/1/2011
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PERM
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Reso 2011-198
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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• STATE OF CALIFORNIA Contract No: 75LX204 <br /> DEPARTMENT OF TRANSPORTATION Sheet 5 of 10 <br /> November 1, 2011 <br /> 26. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of the <br /> Department in the form of a formal written amendment. <br /> 27. AUDIT: Local Agency agrees that the Department or its designated representative shall <br /> have the right to review and to copy any records and supporting documentation pertaining to the <br /> performance of this Contract. Local Agency agrees to maintain such records for possible audit <br /> for a minimum of three (3) years after final payment, unless a longer period of records retention <br /> is stipulated. Local Agency agrees to allow the auditor(s) access to such records during normal <br /> business hours and to allow interviews of any employees who might reasonably have <br /> information related to such records. Further, Local Agency agrees to include a similar right of <br /> the State to audit records and interview staff in any subcontract related to performance of this <br /> Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). <br /> 28. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, <br /> its officers, agents and employees from any and all claims and losses accruing or resulting to any <br /> and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation <br /> furnishing or supplying work services, materials, or supplies in connection with the performance <br /> of this Contract, and from any and all claims and losses accruing or resulting to any person, firm <br /> or corporation who may be killed injured or damaged except to the extent that such death injury <br /> or damage results from the sole or active negligence of Department. <br /> 29. DISPUTES: Local Agency shall continue with the responsibilities under this Contract during <br /> any dispute. <br /> 30. TERMINATION FOR CAUSE: The Department may terminate this Contract and be relieved <br /> of any payments should the Local Agency fail to perform the requirements of this Contract at the <br /> time and in the manner herein provided. In the event of such termination the Department may <br /> proceed with the work in any manner deemed proper by the Department. All costs to the <br /> Department shall be deducted from any sum due the Local Agency under this Contract and the <br /> balance, if any, shall be paid to the Local Agency upon demand. <br /> 31. INDEPENDENT CONTRACTOR Local Agency, and the agents and employees of Local <br /> Agency, in the performance of this Contract, shall act in an independent capacity and not as <br /> officers or employees or agents of the Department or State. <br /> 32. NON - DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency <br /> and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any <br /> employee or applicant for employment because of sex, race, color, ancestry, religious creed, <br /> national origin, physical disability (including HIV and AIDS), mental disability, medical <br /> condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and <br /> subcontractors shall insure that the evaluation and treatment of their employees and applicants <br /> for employment are free from such discrimination and harassment. Contractor and subcontractors <br /> shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 <br /> (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of <br /> Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment <br /> and Housing Commission implementing Government Code Section 12990 (a -t), set forth in <br /> APPROVED Calt ans Legal mg 032010 <br />
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