Agmt10 City and County of San Francisco SFPUC

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and Peter C. Ingram, City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Stan Yamamoto, City Attorney City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Any notice by a means that affords the sender evidence of delivery, attempted delivery, or rejected delivery will be deemed to have been given and received at the date and time of receipt, attempted delivery, or rejected delivery. 6. San Francisco's Sunshine Ordinance: City understands and agrees that Permittee's Sunshine Ordinance (San Francisco Administrative Code Chapter 67 and the State Public Records Law Gov't Code Section 6250 et seq.) apply to this Permit and any and all records, information, and materials submitted to Permittee in connection with this Permit. Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with Permittee's Sunshine Ordinance and the State Public Records Act. City hereby authorizes Permittee to disclose any records, information, and materials submitted to Permittee in connection with this Permit. 7. San Francisco's Campaign and Governmental Conduct Code: Through its execution of this Permit, City acknowledges that it is familiar with the provisions of Section 15.103 of the San Francisco Charter, the provisions of Article III, Chapter 2 of Permittee's Campaign and Governmental Conduct Code, and the provisions of Sections 87100 et seq. and Sections 1090 et seq. of the Government Code of the State of California and certifies that it does not know of any facts which would constitute a violation of said provision, and agrees that if District becomes aware of any such fact during the term of this Permit, District shall immediately notify Permittee. 8. Certification of Controller: The terms of this Permit shall be governed by and subject to the budgetary and fiscal provisions of Permittee's Charter. Notwithstanding anything to the contrary contained in this Permit, there shall be no obligation for the payment or expenditure of money by Permittee under this Permit unless the Permittee's Controller first certifies, pursuant to Section 3.105 of Permittee's Charter, that there is a valid appropriation from which the expenditure may be made and that unencumbered funds are available from the appropriation to pay the expenditure. Without limiting the foregoing, if in any fiscal year of Permittee after the fiscal year in which the term of this Permit commences, sufficient funds for the funding of construction costs and any other payments required under this Permittee are not appropriated, then Permittee may terminate this Permit, without penalty, liability or expense of any kind to Permittee, as of the last date on which sufficient funds are appropriated. Permittee shall use its reasonable efforts to give City reasonable advance notice of such termination. 9. Amendments, Etc.: (a) This Permit may be amended or modified only by a writing signed by City and Permittee. (b) No waiver by any party of any of the provisions of this Permit shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or continuing waiver of the same, or any other, provision of this Permit. (c) This instrument (including the attached exhibits) contains the entire agreement between the D-2-3 City of Redwood City MOA ver 030910