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<br />determination of the Director of the California Department of Industrial Relations shall be <br />available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per <br />diem wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the California Labor <br />Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage <br />determinations at each job site); section 1776 (regarding the certification, maintenance, and <br />availability for inspection of payroll records); section 1777.5 (regarding employment of <br />apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 <br />(regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each <br />calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for <br />any public work done under the Agreement by it or by any subcontractor under Contractor. <br /> <br />9. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be <br />given in writing and conclusively shall be deemed served when delivered personally or on the <br />second business day after the deposit thereof in the United States Mail, postage prepaid, registered <br />or certified, addressed as hereinafter provided. <br /> <br />To Contractor: _____________________ To City: City Manager <br /> _____________________ City of Pleasanton <br /> _____________________ P.O. Box 520 <br /> _____________________ Pleasanton, CA 94566 <br /> <br /> <br />10. Conflict of Interest. In accepting this Agreement, Contractor covenants that it presently has no <br />interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would <br />conflict in any manner or degree with the performance of this Agreement. Contractor further <br />covenants that, in the performance of this Agreement, it will not employ any person having such <br />an interest. Contractor certifies that no City officer, employee, or authorized representative has <br />any financial interest in the business of Contractor and that no person associated with Contractor <br />has any interest, direct or indirect, which could conflict with the faithful performance of this <br />Agreement. Contractor agrees to advise City if any conflicts arise. <br /> <br />11. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor <br />shall be paid for that portion of work or services already completed by Contractor as approved <br />by City. <br />b. Contractor acknowledges that time is of the essence regarding the performance of this <br />Agreement. <br />c. Contractor shall not assign or transfer this Agreement. <br />d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute <br />a waiver of other or succeeding breaches of this Agreement. <br />e. This Agreement constitutes the entire understanding of the parties. <br />f. This Agreement may only be modified by a writing signed by the authorized representative of <br />both parties. <br />Santa Cruz, CA 95061 <br />PO Box 331 <br />Santa Cruz Mts Trail Stewardship <br />Executive Director <br />DocuSign Envelope ID: 58391F88-9A81-4109-96D6-C25AFCC4681A