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8J Consent 2018 0904
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8J Consent 2018 0904
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8/28/2018 5:58:18 PM
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8/28/2018 5:58:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/4/2018
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PERM
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Reso 2018-102
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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g.(VTIP ONLY) Statement of Vessel Release of Interest and Ownership: <br />To be completed and signed by owner(s). Grantee may provide their own release <br />form to vessel owners for completion. A sample of this release form is located on our <br />website: <br />http://www.dbw.ca.gov/PDF/Funding/SAMPLE_Release_of_Interest_and_Liability_F <br />orm.pdf <br />NOTE: (VTIP ONLY) Vessel ownership verification is required; however, it is not <br />required that boat owners bring their registration up to date in order to <br />surrender their vessel through the VTIP. <br />h.Reimbursement claims and support documents (as indicated above) are to be <br />submitted to DBW at: <br />Division of Boating and Waterways <br />One Capitol Mall, Suite 500 <br />Sacramento, CA 95814 <br />Attention: SAVE Unit <br />i.Submission of fraudulent invoices or other claim documentation is a breach of this <br />Agreement, which shall result in forfeiture of all funds advanced and provided under <br />this Agreement. <br />j.All requests for payment must be submitted to DBW no later than 30 days after the <br />expiration date of the agreement. DBW is not obligated to make payment on any <br />reimbursement request(s) received or for any services completed after this date. <br />Refer to “Fully Executed” letter for additional reimbursement request <br />requirements. <br />27.BUDGET CONTINGENCY CLAUSE <br />A.It is mutually agreed that if the Budget Act of the current year and/or any subsequent <br />years covered under this Agreement does not appropriate sufficient funds for the <br />program; this Agreement shall be of no further force and effect. In this event, DBW <br />shall have no liability to pay any funds whatsoever to Grantee or to furnish any other <br />considerations under this Agreement and Grantee shall not be obligated to perform <br />any provisions of this Agreement. <br />B.If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of <br />this program, DBW shall have the option to either cancel this Agreement with no <br />liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the <br />reduced amount. <br />28.INDEMNIFICATION <br />Grantee shall be responsible for, and DPR shall not be answerable or accountable in any <br />manner for, any loss or expense by reason of any damage or injury to person or property, or <br />both, arising out of or related in any way to activities carried out by Grantee, its agents, <br />officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall <br />protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees <br />against any and all actions, claims, and damages to persons or property, penalties, <br />obligations and liabilities that may be asserted or claimed by any person, firm, association, <br />entity, corporation, political subdivision, or other organization or person arising out of or in <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 14 of 3939 <br />93
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