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SR 05:229
City of Pleasanton
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2005
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SR 05:229
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Last modified
9/15/2005 3:20:00 PM
Creation date
9/1/2005 11:08:46 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/6/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:229
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<br />ACTIA Bike/Ped Countywide Discretionary Fund Grant Agreement ACTIA #: AOS-0033 <br /> Sponsor: East Bay Regional Park District <br /> ACTIA may terminate this Al,,'reement for default upon giving ten (10) days written notice <br /> (or such other period of time authorized in writing by ACTIA) of such default to Project <br /> Sponsor and Project Sponsor does not cure such default. ACTIA will reimburse Project <br /> Sponsor for qualifying expenditures in full conformance with this Agreement made until <br /> the effective date of the termination. <br />3) Indemnity: Project Sponsor will indemnify and hold harmless ACTIA, its officers, <br /> employees, agents, representatives, consultants, and successors-in-interest against any and <br /> all claims, suits or actions arising out of an act or omission of the Project Sponsor or its <br /> employees, subcontractors or agents in the performance of this Agreement, except to the <br /> extent such claim, suit or action arises out of the sole negligence Of willful misconduct of <br /> ACTIA. This indemnification will survive expiration or termination of this Agreement. <br /> ACTIA shall indemnifY and hold harmless Project Sponsor, its officers, employees, agents, <br /> and successors-in-interest against any and all claims, suits or actions arising out of a <br /> negligent act or omission by ACTIA in the performance of its duties under this A!,'feement. <br />4) Notices: Any notice which may be required under this Agreement shall be in writing, shall <br /> be effective when received, and shall be given by personal delivery service or first class <br /> mail, to the addressees set forth in Attachment A, or to such addressees which may be <br /> specified in writing by the parties. <br />5) Contacts: The persons listed as Contacts in Attachment A will be the first point of contact <br /> and act as the liaisons between ACTIA and Project Sponsor with regards to the day-to-day <br /> activities of the Project. All reports and correspondence are to be addressed to the specified <br /> Contacts. <br />6) project Number: All correspondence shall reference the "ACTIA Project Number" <br /> specified in Attachment A. <br />7) Integration: This Agreement represents the entire agreement of the parties with respect to <br /> the subject matter described in this Agreement, and no representation, warranties, <br /> inducements or oral agreements have been made by any of the parties except as expressly <br /> set forth herein. <br />8) Amendment: This Agreement may not be changed, modified, or rescinded except in <br /> writing and signed by the parties hereto. Any attempt to modify this Agreement orally will <br /> be void and of no effect. The ACTIA and Project Sponsor Contacts as specified in <br /> Attachment A may jointly authorize, in writing, any minor schedule revisions, "ACTIA <br /> Line Item Project Budget" revisions, or changes to the Project scope of work. Any other <br /> amendments to this Agreement must be executed in writing by the signatories to this <br /> Agreement. Any change in Project scope of work must be approved by ACTIA prior to <br /> implementation of the change by the Project Sponsor. <br />9) Independent Contractor: Project Sponsor and any party contracting with it renders its <br /> service under this A!,'feement as an independent contractor. None of the Project Sponsor's <br /> agents, subcontractors or employees shall be construed as agents or employees of ACTIA. <br /> The legal relationship of any person performing services for the Project Sponsor will be <br /> solely between that person and the Project Sponsor. This paragraph does not apply to <br />F:\Administrntivc\ACTIA \Agrccmcnts\Agrccmcnts\Bike & Pt.--d<..-striamCyclc 2 _BP,_grants\A05 _ 0033 _Agreement_Alamo Canal <br />Trail Undercrossing_EBRPO.doc Page 5 of 15 <br />
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