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20A - AA - AGMT SCAQMD
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20A - AA - AGMT SCAQMD
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Last modified
9/27/2018 2:39:42 PM
Creation date
9/27/2018 2:31:29 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
20A
Date
10/2/2018
Destruction Year
2023
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Contract No. MLI 8046 <br />acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or <br />transportation, or any similar cause beyond the party's reasonable control. <br />29. SEVERABILITY <br />In the event that any one or more of the provisions contained In this Contract shall for any reason be held to <br />be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other <br />provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are <br />not a part hereof. <br />30. HEADINGS <br />Headings on the clauses of this Contract are for convenience and reference only, and the wards contained <br />therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or <br />meaning of the provisions of this Contract. <br />31. DUPLICATE EXECUTION <br />This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. <br />32. GOVERNING LAW <br />This Contract shall be construed and interpreted and the legal relations created thereby shall be determined <br />in accordance with the laws of the State of California. Venue for resolution of any disputes under this <br />Contract shall be Los Angeles County, California: <br />33: PRE -CONTRACT COSTS <br />Any costs incurred by CONTRACTOR prior to CONTRFlCT(7R receipt of a fully executed Contract shall be <br />incurred solely at the risk of the CONTRACTOR,. In the event that this Contract is not executed, neither the <br />MSRC nor the SCAQMD shall be liable' for any amounts expended in anticipation of a fully executed <br />Contract. If this Contract is fully executed, pry contrgg];, a.W expenditures authorized by the Contract will be <br />reimbursed in accordance with the Payment Schedule and payment provision of the Contract. <br />34. CHANGE TERMS <br />Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by <br />MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum <br />of 90 days prior to desired effective date of change. All modifications to this Contract shall be In writing and <br />signed by the authorized representatives of the parties. Fueling station location changes shall not be <br />approved under any circumstances: <br />35: PREVAILING WAGES <br />CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq., <br />and the compliance monitoring and enforcement of such requirements by the Department of Industrial <br />Relations ("DIR"). CONTRACTOR and all of CONTRACTOR's subcontractors must comply with the <br />California Public Works Contractor Registration Program and, where applicable, must be registered with the <br />DIR to participate in public works projects. CONTRACTOR shall be responsible for determining the <br />applicability of the provisions of California Labor Code and complying with the same, including, without <br />limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of <br />per diem wages and the general prevailing rate for holiday and overtime work, making the same available to <br />any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job <br />site and flowing all applicable prevailing wage rate requirements to its subcontractors. Proof of compliance <br />with these requirements must be provided to SCAQMD upon request. CONTRACTOR shall indemnify, <br />20A-10 <br />
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