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20A - AA - AQMD FUNDS
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20A - AA - AQMD FUNDS
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Last modified
11/13/2014 6:36:24 PM
Creation date
11/13/2014 4:21:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
20A
Date
11/18/2014
Destruction Year
2019
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Contract No. ML14012 <br />19. SUBCONTRACTOR APPROVAL - If CONTRACTOR intends to subcontract all or a portion of the work under <br />this Contract, then CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or <br />designee prior to subcontracting any work. Any material changes to the subcontract(s) that affect the scope <br />of work, deliverable schedule, and/or payment/cost schedule shall also require the prior written approval of <br />the SCAQMD Executive Officer or designee. No subcontract charges will be reimbursed unless the required <br />approvals have been obtained from SCAQMD, <br />20. OWNERSHIP - Title and full ownership rights to any equipment purchased under this Contract shag at all <br />times remain with CONTRACTOR. <br />21. SECURITY INTEREST - CONTRACTOR hereby grants SCAQMD a security interest in any and at <br />equipment purchased, in whole or in part, with funding provided by SCAQMD pursuant to this Contract. <br />CONTRACTOR acknowledges and agrees that SCAQMD shall have all lien rights as a secured creditor on <br />any and all equipment purchased in whole or in part by the CONTRACTOR, under this Contract or any <br />amendments thereto. The SCAQMD shall have lien rights in effect until the CONTRACTOR satisfies all <br />terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, <br />CONTRACTOR further agrees that SCAQMD is authorized to file a UCC filing statement or similar <br />security instrument to secure its interests in the equipment that is the subject of the Contract. In the <br />event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify SCAQMD within 10 <br />business days of such filing. <br />22. NON- DISCRIMINATION • In the performance of this Contract, CONTRACTOR shall not discriminate in <br />recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, <br />national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California <br />Fair Employment & Housing Act (Government Code Section 12900, et seg.), the Federal Civil Rights Act of <br />1964 (P.L. 88 -352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), <br />and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall <br />likewise require each subcontractor to comply with this clause and shall include in each such subcontract <br />language similar to this clause. <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 />8. 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 />20A -8 <br />
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