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6A CM Report 2013 1118
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6A CM Report 2013 1118
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11/13/2013 4:46:01 PM
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11/13/2013 4:45:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/18/2013
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_CC Agenda 2013 1118 RG
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Page: 3 <br /> <br /> <br />Definitions. <br />As used in this policy: <br />(a) "Contract" means any contract or agreement between the City and a person to provide or <br />procure labor, goods, materials, equipment, furnishing, supplies or services to, for or on behalf <br />of the City. Except as otherwise specifically defined in this section a contract does not include: <br /> (1) Awards made by the City with federal or state grant monies or City general fund grants to a <br />nonprofit entity where the City offers assistance, guidance or supervision on a project or <br />program and the recipient of the grant award uses the monies to provide services to the <br />community; <br />(2) Sales transactions where the City sells its personal or real property; <br />(3) Gifts of materials, equipment, supplies or services to the City; <br />(4) Contracts exempted from the provisions of Chapter 1-6 of the San Leandro Municipal <br />Code; or <br />(5) Contracts that would violate any State or Federal law or grant requirements. <br />(b) "Contract Awarding Authority" or "CAA" means the City officer, department, employee or <br />legislative body authorized and empowered by law to enter into contracts on behalf of the City. <br />In the case of an agreement with a contractor to perform or fund the performance of <br />construction related services, the term "contract awarding authority" or "CAA" shall mean the <br />contractor receiving funds from the City to perform or fund the performance of such services. <br />(c) "Contractor" or "Prime Contractor" means any person who submits a bid or proposal to <br />perform, perform any part of, agrees with a person to provide services in relation to or enters <br />into any contract subject to this chapter with the CAA for public works or improvements to be <br />performed, or for goods or services or supplies to be purchased at the expense of the City or to <br />be paid out of monies deposited in the treasury or out of trust monies under the control of, or <br />collected by, the City. <br />(d) "Joint Venture" means and may be referred to as an "association" of two or more businesses, <br />one of which is a San Leandro business or San Leandro nonprofit organization acting as a <br />contractor and performing or providing services on a contract, in which each joint venture or <br />association partner combines property, capital, efforts, skill and/or knowledge. The San <br />Leandro business or nonprofit organization participating in the joint venture shall have a <br />commensurate share of the profit or loss to be realized from the joint venture. The joint <br />venture must conform to all pertinent laws that govern the creation of such entities.
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