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City of San Leandro <br />Installation Agreement <br />Page 5 of 10 <br />of Climatec LLC. The customer agrees to assist Climatec LLC where required by the jurisdiction in the form of <br />data required for the application and authorizing signatures and/or transfers. In the event the Customer incurs <br />expenses related to the processing of the applications, Climatec LLC shall reimburse these direct costs. <br />13.COMPLIANCE WITH LAWS. Climatec LLC shall comply with all applicable federal, state, and local laws and <br />regulations. The laws of the State of California shall govern this Agreement. All licenses and permits required for <br />the prosecution of the work shall be obtained and paid for by Climatec LLC. Purchaser agrees to provide Climatec <br />LLC with the DIR project registration number within 5 days of execution of this Agreement as required per statute. <br />Climatec LLC’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work <br />hereunder shall constitute a breach of contract. Climatec LLC, once notified of the breach shall have a reasonable <br />opportunity to cure the breach. <br />14.DIR REGISTRATION OF CONTRACTOR AND SUBCONTRACTORS. A contractor or subcontractor <br />shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the <br />Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor <br />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 1725.5 <br />as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout the term <br />of the Agreement and in no event shall contractor be granted increased payment from the District or any time <br />extensions to complete the Project as a result of contractor's efforts to maintain compliance with the Labor Code <br />or any requirements implemented by the DIR. Failure to comply with these requirements shall be deemed a <br />material breach of this Agreement and grounds for termination for cause. The contractor and all subcontractors <br />shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor <br />Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently <br />if required by the Purchaser or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. <br />The Purchaser reserves the right to withhold contract payments if the Purchaser is notified, or determines as the <br />result of its own investigation, that contractor is in violation of any of the requirements set forth in Labor Code <br />section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws <br />and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards <br />Enforcement (DLSE) <br />15.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 />16.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 />17.OTHER GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal <br />assistance from another governmental entity, Climatec LLC and any subcontractors shall comply with all <br />applicable rules and regulations to which Purchaser is bound by the terms of such fiscal assistance program <br />provided that any such requirements are revealed and agreed to prior to signing of the Agreement. <br />18.LICENSES AND PERMITS. Climatec LLC represents and warrants to Purchaser 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, and will maintain the same for the term of <br />this Agreement. Climatec LLC represents and warrants to Purchaser that Climatec LLC and its employees, agents, <br />any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement <br />28