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Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a <br />violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the <br />Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the <br />contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. <br />This Project is a public works project as defined in Labor Code section 1720. Each contractor bidding on this <br />Project and all subcontractors (of any tier) performing any portion of the Work must comply with the Labor <br />Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform <br />public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more <br />information and up to date requirements, contractors are recommended to periodically review the DIR's website <br />at www.dir.ca.gov. Contractor shall be solely responsible for ensuring compliance with Labor Code section <br />1725.5 as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout <br />the term of the Agreement and in no event shall contractor be granted increased payment from the District or <br />any time extensions to complete the Project as a result of contractors efforts to maintain compliance with the <br />Labor Code or any requirements implemented by the DIR. Failure to comply with these requirements shall be <br />deemed a material breach of this Agreement and grounds for termination for cause. The contractor and all <br />subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to <br />the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more <br />frequently if required by the City or the Labor Commissioner) and in a format prescribed by the Labor <br />Commissioner. The City reserves the right to withhold contract payments if the City is notified, or determines <br />as the result of its own investigation, that contractor is in violation of any of the requirements set forth in Labor <br />Code section 1720 et seq. at no penalty or cost to the City. Monitoring and enforcement of the prevailing wage <br />laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards <br />Enforcement (DLSE). <br />14. VENUE. In the event that either party brings any action against the other under this Agreement, the Parties <br />agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda <br />or in the United States District Court for the Northern District of California. <br />15. NO IMPLIED WAIVER OF BREACH. The waiver of any breach of a specific provision of this Agreement <br />does not constitute a waiver of any other breach of that term or any other term of this Agreement. <br />16. OTHER GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by <br />fiscal assistance from another governmental entity, Climatec LLC and any subcontractors shall comply with all <br />applicable rules and regulations to which City is bound by the terms of such fiscal assistance program provided <br />that any such requirements are revealed and agreed to prior to signing of the agreement. <br />17. LICENSES AND PERMITS. Climatec LLC represents and warrants to City that Climatec LLC and its <br />employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever <br />nature that are legally required to practice their respective professions. Climatec LLC represents and warrants to <br />City that Climatec LLC and its employees, agents, any subcontractors shall, at their sole cost and expense, keep <br />in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required <br />to practice their respective professions. In addition to the foregoing, Climatec LLC and any subcontractors shall <br />obtain and maintain during the term of this Agreement valid Business Licenses from City. <br />18. NONDISCRIMINATION AND EQUAL OPPORTUNITY. Climatec LLC shall not discriminate, on the <br />basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical <br />condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, <br />subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs <br />provided by Climatec LLC under this agreement. Climatec LLC shall comply with all applicable federal, state, <br />and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in <br />employment, contracting, and the provision of any services that are the subject of this agreement, including but <br />not limited to the satisfaction of any positive obligations required of Climatec LLC thereby. <br />A City of San Leandro <br />.$' CLIMATEC Installation Agreement <br />Page 5 of 10 <br />