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10D Action 2013 1118
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10D Action 2013 1118
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Last modified
12/13/2013 9:25:53 AM
Creation date
11/13/2013 4:52:01 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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PERM
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_CC Agenda 2013 1118 RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1118
Reso 2013-149
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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<br /> <br /> - 9 - <br /> 12.1 Term and Termination. This Agreement shall become effective on the Effective Date <br /> and terminate on December 31, 2028 (the “Term”); unless it is otherwise extended by <br /> mutual written agreement of the Parties in compliance with Ordinance Title 2, Chapter <br /> 2-20 of the San Leandro Municipal Code, and <br /> <br /> 12.2 as the same may be amended from time to time. <br /> <br /> 12.3 Early Termination. Either Party may terminate this Agreement at any time upon giving <br /> the other party sixty (60) days written notice. <br /> <br /> 12.3 Termination for Default. If either Party defaults in the performance of any of the <br /> terms and/or provisions to be performed by a Party pursuant to this Agreement, then the <br /> non-defaulting Party shall provide written notice to the defaulting Party describing the <br /> default and requesting a cure (“Default Notice”). If such default is not cured within <br /> thirty (30) days (or if the default is not susceptible to cure within said thirty-day period) <br /> after the Default Notice is mailed or delivered, then the non-defaulting Party may <br /> terminate this Agreement. To the extent the alleged default concerns or relates to the <br /> use or expenditures of District Revenues, SLIA shall hold all unencumbered District <br /> Revenues in an escrow account until the default is cured. <br /> <br />13. Inspection of Books and Records. During the Term, and for a period of four (4) years after <br /> the Term, or two (2) years after the closure of any disputed matter, whichever occurs later, <br /> (the “Audit Period”), SLIA shall maintain financial and operational records related to this <br /> Agreement, which include, but are not limited to the Annual Financial Statements, the <br /> Annual Reports and Budgets and any audits (the “Books and Records”). At the request of <br /> the City, SLIA shall make all Books and Records open to inspection by the City, or its <br /> designee during normal business hours. <br /> <br />14. Non-Discrimination in Employment. SLIA certifies and agrees not to discriminate against <br /> any employee or person who is subject to this Agreement because of race, color, religion, <br /> religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital <br /> status, pregnancy, parenthood, medical condition, or physical or mental disability. Evidence <br /> of discrimination shall be sufficient cause for termination of this Agreement. <br /> <br />15. Public Liability and Property Damage Insurance. SLIA shall assume all responsibility for <br /> damages to property and injuries to persons, including accidental death, which may arise out <br /> of or may be caused by SLIA’s performance of this Agreement, by its subcontractors or by <br /> anyone SLIA directly or indirectly employs, and whether such damage or injury may <br /> accrue, or may be discovered, before or after termination of this Agreement. At its own <br /> expense, SLIA shall obtain, pay for and maintain during the life of the Agreement an <br /> "occurrence" policy for Commercial General Liability (including Contra ctual Liability) and <br /> for Automobile Liability which shall protect it from claims for injuries and damages. The <br /> SLIA shall demonstrate that it has such policies fully paid for and in place within 30 days of <br />the transfer of the first installment of assessment funds from the City in December 2013. The <br />policy shall name the “City of San Leandro, its elected and appointed officials, officers, <br />agents and employees” as additional insureds under the policy in the following amounts: <br />
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