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Agmt22 Association of Bay Area Gov. (ABAG)
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Agmt22 Association of Bay Area Gov. (ABAG)
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2/8/2023 2:44:21 PM
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2/8/2023 2:43:19 PM
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Agreement
Date
9/19/2022
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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 <br />ABAG/City Innovate <br />PROVIDER Bench Management Software <br />Page 9 <br /> <br /> <br /> <br />11. NOT USED <br /> <br /> <br />12. SUBCONTRACTS <br />A. No subproviders, subconsultants or subcontractors are currently approved by ABAG <br />for work under this Agreement. In advance of the assignment of any work to a subproviders, <br />subconsultants or subcontractors, such subproviders, subconsultants or subcontractors must be <br />approved in writing by the ABAG Project Manager and engaged under written contract with <br />PROVIDER with provisions allowing subproviders, subconsultants or subcontractors to comply <br />with all requirements of this Agreement, including without limitation Article 11, OWNERSHIP <br />OF WORK PRODUCTS. Failure of a subproviders, subconsultants or subcontractors to provide <br />insurance in accordance with Article 7, INSURANCE REQUIREMENTS, shall be at the risk of <br />PROVIDER. <br />B. Nothing contained in this Agreement or otherwise, shall create any contractual <br />relation between ABAG and any subproviders, subconsultants or subcontractors, and no <br />subcontract shall relieve PROVIDER of its responsibilities and obligations hereunder. <br />PROVIDER agrees to be as fully responsible to ABAG for the acts and omissions of its <br />subproviders, subconsultants or subcontractors and of persons either directly or indirectly <br />employed by any of them as it is for the acts and omissions of persons directly employed by <br />PROVIDER. PROVIDER's obligation to pay its subproviders, subconsultants or subcontractors <br />is an independent obligation from ABAG's obligation to make payments to PROVIDER. <br />C. Applicable provisions of this Agreement shall be included in any subcontract or <br />subproviders, subconsultants or subcontractors agreement in excess of $25,000 entered into <br />under of this Agreement. <br />D. Substitution of listed subproviders, subconsultants or subcontractors shall generally <br />be made in accordance with Public Contracts Code Section 4107. <br />13. ASSIGNMENT OF AGREEMENT <br />PROVIDER shall not assign this Agreement, or any part hereof without prior express <br />written consent of ABAG and any attempt thereat shall be void and unenforceable. <br /> <br />14. RECORDS <br />PROVIDER agrees to establish and maintain an accounting system conforming to <br />Generally Accepted Accounting Principles (GAAP) that is adequate to accumulate and segregate <br />reasonable, allowable, and allocable project costs. PROVIDER further agrees to keep all records <br />pertaining to the project being funded for audit purposes for a minimum of four (4) years <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575
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