Agmt16 State of CA- Dept of Parks and Recreation, Division of Boating and Waterways

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work under this Agreement. 14. TRAFFIC CONTROL AND TRAFFIC SAFETY The Grantee shall provide for adequate traffic control and safety measures at any site where Grantee and its subcontractors will perform any work under this Agreement. 15. AIR OR WATER POLLUTION VIOLATION Grantee warrants that it is not ( 1 ) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution . 16. ENTIRE AGREEMENT This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein . No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required . '17. APPROVAL OF AGREEMENT AND AMENDMENTS This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required . Commencement of performance prior to approval of this Agreement will be at the Grantee's own risk. 18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this agreement. 19. AUTHORITY TO CONTRACT Grantee must provide DBW with evidence of its authority to enter into this Agreement. Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement. 20. COMPLIANCE WITH LAW AND REGULATIONS Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with: (a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq . of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of Government Code section 8350 et seq. ; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers' Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U .S.C. section 12101 et seq. 21 . INDEPENDENT CONTRACTOR Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California. Al IY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS REV: 09-01-16 RL Page 8 of 33