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<br />DUPLICATE <br />ORIGINAL <br />BA Y AREA AIR QUALITY MANAGEMENT DISTRICT <br /> <br />GRANT AGREEMENT <br /> <br />GRANT NO. 2008-027 <br /> <br />1. PARTIES - The parties to this Agreement ("Agreement") are the Bay Area Air Quality <br />Management District ("DISTRICT") whose address is 939 Ellis Street, San Francisco, CA 94109, <br />and City of Redwood City ("GRANTEE") whose address is 1017 Middlefield Road, Redwood <br />City, CA 94063 <br /> <br />2. RECITALS <br />A. DISTRICT is the local agency with primary responsibility for regulating stationary source air <br />pollution in the Bay Area Air Quality Management District in the State of California. <br />DISTRICT is authorized to enter into this Agreement under California Health and Safety <br />Code Section 40701. <br />B. DISTRICT desires to award GRANTEE a grant for the activities described in Attachment A, <br />Work Plan. <br />e. All parties to this Agreement have had the opportunity to have the Agreement reviewed by <br />their attorney. <br /> <br />3. TERM - The term ofthis Agreement is from March 10,2008 to December 31,2009, unless further <br />extended by amendment of this Agreement in writing, or terminated earlier. <br /> <br />4. TERMINA TION <br />A. DISTRICT shall have the right to terminate this Agreement at its sole discretion at any time <br />upon thirty (30) days written notice to GRANTEE. The notice of termination shall specify the <br />effective date of termination, which shall be no less than thirty (30) calendar days from the <br />date of delivery of the notice of termination, and shall be delivered in accordance with the <br />provisions of section 10 below. Immediately upon receipt of the notice of termination, <br />GRANTEE shall cease all activities under this Agreement, except such activities as are <br />specified in the notice of termination. Within forty-five (45) days of receipt of written notice, <br />GRANTEE is required to: <br />i) Submit a final written report describing all work performed by GRANTEE; <br />ii) Submit an accounting of all grant funds expended up to and including the date of <br />termination; and, <br />iii) Reimburse DISTRICT for any unspent funds. <br />B. DISTRICT may terminate this Agreement and be relieved of any payments should <br />GRANTEE fail to perform the requirements of this Agreement at the time and in the manner <br />herein provided. <br /> <br />5. NO AGENCY RELATIONSHIP CREATED / INDEPENDENT CAPACITY - GRANTEE and <br />the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an <br />independent capacity and not as officers or employees or agents of DISTRICT, and nothing <br />herein shall be construed to be inconsistent with that relationship or status. DISTRICT shall not <br />have the right to direct or control the activities of GRANTEE in perfonning the services provided <br />herein. <br /> <br />Page 1 of 11 Contract No. 2008-027 <br />