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17. UNENFORCEABLE PROVISION: <br />In the event that any provision of this Agreement is unenforceable or held to be unenforceable, <br />then the parties agree that all other provisions of this Agreement have force and effect and <br />shall not be affected thereby. <br />18. PRIORITY HIRING CONSIDERATIONS: <br />If this Agreement includes services in excess of $200,000, the Grantee shall give priority <br />consideration in filling vacancies in positions funded by the agreement to qualified recipients of <br />aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract <br />Code §10353. <br />19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING <br />REQUIREMENTS: <br />a. If for this Agreement Grantee made a commitment to achieve small business <br />participation, then Grantee must within 60 days of receiving final payment under this <br />Agreement (or within such other time period as may be specified elsewhere in this <br />Agreement) report to the awarding department the actual percentage of small business <br />participation that was achieved. (Govt. Code § 14841.) <br />b. If for this Agreement Grantee made a commitment to achieve disabled veteran <br />business enterprise (DVBE) participation, then Grantee must within 60 days of <br />receiving final payment under this Agreement (or within such other time period as may <br />be specified elsewhere in this Agreement) certify in a report to the awarding <br />department: (1) the total amount the prime Grantee received under the Agreement; (2) <br />the name and address of the DVBE(s) that participated in the performance of the <br />Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all <br />payments under the Agreement have been made to the DVBE; and (5) the actual <br />percentage of DVBE participation that was achieved. A person or entity that knowingly <br />provides false information shall be subject to a civil penalty for each violation. (Mil. & <br />Vets. Code § 999.5(d); Govt. Code § 14841.) <br />20. LOSS LEADER: <br />If this agreement involves the furnishing of equipment, materials, or supplies then the following <br />statement is incorporated: It is unlawful for any person engaged in business within this state to <br />sell or use any article or product as a "loss leader" as defined in Section 17030 of the <br />Business and Professions Code. (PCC 10344(e).) <br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel Page: 17 of 24 <br />Exchange (SAVE) Fiscal Year 2015/2016 <br />