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8I Consent 2016 0119
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8I Consent 2016 0119
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Last modified
2/11/2016 10:23:04 AM
Creation date
1/27/2016 5:34:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/1/2016
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PERM
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_CC Agenda 2016 0201 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0201
Reso 2016-013
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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16.ENTIRE AGREEMENT <br />This Agreement consists of the terms of this Agreement and all attachments, which are <br />expressly incorporated herein. No amendment or variation of the terms of this Agreement shall <br />be valid unless made in writing, signed by the parties and approved as required. <br />17.APPROVAL OF AGREEMENT AND AMENDMENTS <br />This Agreement and any variation thereto is of no force or effect until signed by both parties <br />and approved by the Department of General Services, if required. Commencement of <br />performance prior to approval of this Agreement will be at the Grantee’s own risk. <br />18.DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT <br />There are no Disabled Veteran Business Enterprise participation requirements with this <br />agreement. <br />19.AUTHORITY TO CONTRACT <br />Grantee must provide DBW with evidence of its authority to enter into this Agreement. <br />Grantee may provide a delegation of contracting authority from its local governing body that by <br />law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, <br />order, motion, or ordinance of its local governing body that by law has authority to contract, <br />authorizing execution of this Agreement. <br />20.COMPLIANCE WITH LAW AND REGULATIONS <br />Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the <br />State of California for all work to be performed under this Agreement. By signing this <br />Agreement, Grantee certifies its compliance and the compliance of all subcontractors with: (a) <br />applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination <br />Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of <br />Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 <br />et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of <br />Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of <br />Public Contract Code section 10296; (e) Workers’ Compensation requirement of Labor Code <br />section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. <br />section 12101 et seq. <br />21.INDEPENDENT CONTRACTOR <br />Grantee and its employees are independent contractors and shall not be considered officers <br />or employees of DBW or agents of the State of California. <br />22.INSURANCE REQUIREMENTS <br />The abatement, removal, storage, and /or disposal of vessels under this Agreement is a <br />hazardous activity. Grantee therefore must maintain commercial general liability insurance in <br />an amount and of a type acceptable to DBW and to the Department of General Services/ <br />Office of Risk and Insurance Management (ORIM). <br />1.General provisions applying to all policies <br />a.Coverage Term <br />Coverage needs to be in force for the complete term of the Agreement. If <br />insurance expires during the term of the grant, a new certificate must be <br />received by the Division at least ten (10) days prior to the expiration of this <br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2015/2016 <br />__________________________________________________________________________ <br />Page: 8 of 24
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