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City of Redwood City
<br />Agreement No. D1712655
<br />Page 22 of 28
<br />C-17. Independent Actor
<br />The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an
<br />independent capacity and not as officers, employees, or agents of the State Water Board.
<br />C-18. Integration
<br />This Agreement is the complete and final Agreement between the parties.
<br />C-19. Non -Discrimination Clause
<br />(a) During the performance of this Agreement, the Recipient and its contractors and subcontractors
<br />shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant
<br />for employment because of sex, race, color, ancestry, religious creed, national origin, sexual
<br />orientation, physical disability (including HIV and AIDS), mental disability, medical condition
<br />(cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender,
<br />gender identity, gender expression, or military and veteran status.
<br />(b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment
<br />of their employees and applicants for employment are free from such discrimination and
<br />harassment.
<br />(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair
<br />Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.
<br />Code, §12990, subds. (a) -(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are
<br />incorporated into this Agreement by reference and made a part hereof as if set forth in full.
<br />(d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations
<br />under this clause to labor organizations with which they have a collective bargaining or other
<br />agreement.
<br />(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all
<br />subcontracts to perform work under this Agreement.
<br />C-20. No Third Party Rights
<br />The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary
<br />of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.
<br />C-21. Operation and Maintenance; Insurance
<br />The Recipient agrees to sufficiently and properly staff, operate, and maintain all portions of the Project
<br />during its useful life in accordance with all applicable state and federal laws, rules, and regulations.
<br />The Recipient will procure and maintain or cause to be maintained insurance on the Project with
<br />responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against
<br />such risks (including damage to or destruction of the Project) as are usually covered in connection with
<br />systems similar to the Project. Such insurance may be maintained by the maintenance of a self-
<br />insurance plan so long as any such plan provides for (i) the establishment by the Recipient of a separate
<br />segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis)
<br />by an independent insurance consultant experienced in the field of risk management employing accepted
<br />actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk
<br />management program.
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