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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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Template:
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. MU 8046 <br />23, CITIZENSHIP AND ALIEN STATUS <br />A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and <br />others, and that its employees performing services hereunder meet the citizenship or alien status <br />requirements contained in federal and state statutes and regulations including, but not limited to, the <br />Immigration Reform and Control Act of 1986 (P,L, 99-603), CONTRACTOR shall obtain from all covered <br />employees performing services hereunder all verification and other documentation of employees' <br />eligibility status required by federal statutes and regulations as they currently exist and as they may be <br />hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the <br />continuing employment authorization and authorized alien status of employees performing services <br />under this Contract to insure continued compliance with all federal statutes and regulations. <br />Notwithstanding the above, CONTRACTOR, in the performance of this Contract, shall not discriminate <br />against any person in violation of 8 USC Section 1324b. <br />B. CONTRACTOR shall retain such documentation for all covered employees for the period described by <br />law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees <br />from employer sanctions and other liability which may be assessed against CONTRACTOR or <br />SCAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to <br />the eligibility for employment of persons performing services under this Contract. <br />24, ASSIGNMENT AND TRANSFER OF EQUIPMENT <br />A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise <br />transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by <br />CONTRACTOR to do so shall be void t(pgh ncepfior. <br />B. CONTRACTOR agrees to obtain SCAQMD%written consent to any assignment, sale, license or transfer <br />of Equipment, if any, prior to completing the transaCiion. CONTRACTOR shall inform the proposed <br />assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this <br />Contract. CONTRACTOR is responsible<for establishing contact between SCAQMD and the Buyer and <br />shall assist SCAQMD in facilitating the r r [e1AQ1,1 Contract's terms and conditions to the Buyer. <br />CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this <br />Contract until and unless the Buyer has assumed responsibility of this Contract's terms and <br />conditions through an executed contract with SCAQMD, <br />25. NON -EFFECT OF WAIVER <br />The failure of CONTRACTOR or SCAQMD to insist upon the performance of any or all of the terms, <br />covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be <br />construed as a waiver or relinquishment of the future performance of any such terms, covenants, or <br />conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. <br />26. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS <br />CONTRACTOR is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC <br />funds. <br />27. ATTORNEYS' FEES <br />In the event any action is filed in connection with the enforcement or interpretation of this Contract, each <br />party in said action shall pay its own attorneys' fees and costs. <br />28, FORCE MAJEURE <br />A party shall not be liable or deemed to be in default for any delay or failure in performance under this <br />Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, <br />20A-9 <br />
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