AGENDA REPORTS - Laserfiche WebLink

Name of Recipient Agreement No.: XX-XXX-550 Project No.: C-06-XXXX-XXX Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. l / (c) Recipient shall continue with the responsibilities under thisAgreement during any dispute. 5.15 Independent Actor. The Recipient, and its agents and employees, if any,/in the performance of.this.Agreement. shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. 5.16 Non-Discrimination Clause. `. ' � (a) During the performance of thi's-Agreement Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow.haassment against any employee or applicant for employment because of-Sex, race, color,ancestry, religious creed, national origin, sexual orientation, physical\di§ability'(including.HlV and AIDS), mental disability, medical condition-(cancer), age (ovr 40); marital status>rid,denial of family care leave. (b) The Recipient„its contractors, and subcontractors shaltinsure that the evaluation and treatmentof their employees and applicantsfor employment are free from such discrimination and harassment. (c),,-ThelRecipient, its,contractors, and•subcontractors shall comply with the provisions of the ' Fair Employment and Housing Act and the`applicable regulations promulgated thereunder. r Gov. Code,§12990,'sub i"( ds. (a)-(f)etseq.;)Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated'lnto this Agreement by reference and made a part hereof as if 'set forth in full. (d) The Recipient, its contractors,and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 5.17 No Third Party Rights. The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. 5.18 Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate, and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules and regulations. 25