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BAY AREA AIR QUALITY MANAGEMENT DISTRICT <br />GRANT AGREEMENT <br />GRANT NO. 2008-109 <br />1. PARTIES -The parties to this Agreement ("Agreement") are the Bay Area Air Quality <br />Management District (`°DISTRICT") whose address is 939 Ellis Street, San Francisco, CA 94109, <br />and the City of San Leandro ("GRANTEE") whose address is 835 East 14`x' Street, San <br />Leandro, CA 94577 <br />RECITALS <br />A. DISTRICT is the local agency with primary responsibility for regulating stationary source air <br />pollution in the Bay Area Air Quality Management District in the State of California. <br />DISTRICT is authorized to enter into this Agreement under Califonua Health and Safety <br />Code Section 40701. <br />B. DISTRICT desires to award GRANTEE a grant for the activities described in Attachment A, <br />Work Plan. <br />C. All parties to this Agreement have had the opportunity to have the Agreement reviewed by <br />their attorney. <br />3. TERM -The terns of this Agreement is from June I, 2008 to December 31, 2009 unless further <br />extended by amendment of this Agreement in writing, or terminated earlier. <br />4. TERMINATION -DISTRICT shall have the right to terminate this Agreement at its sole <br />discretion at a~ly time upon tl>;rty (30) days written notice to GRANTEE. The notice of <br />termination shall specify the effective date of termination, which shall be no less than thirty (30) <br />calendar days from the date of delivery of the notice of termination, and shall be delivered in <br />accordance with the provisions of section 10 below. Immediately upon receipt of the notice of <br />termination, GRANTEE shall cease all activities under this Agreement, except such activities as <br />are specified in the notice of termination. Within forty-five (45) days of receipt of written notice, <br />GRANTEE is required to: <br />A. Submit a filial written report describing all work performed by GRANTEE; <br />B. Submit an accounting of all grant funds expended up to and including the date of termination; <br />and, <br />G Reimburse DISTRICT for any unspent funds. <br />NO AGENCY RELATIONSHIP CREATED /INDEPENDENT CAPACITY -GRANTEE and <br />the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an <br />independent capacity and not as officers or employees or agents of DISTRICT, and nothing <br />herein shall be construed to be inconsistent with that relationship or status. DISTRICT shall not <br />have the right to direct or control the activities of GRANTEE in performing the services provided <br />herein. <br />f:. <br />Page 1 of 10 <br />Contract No. 2008-109 <br />