|
Agreement is to provide Grantee with the Grant Funds, and that City is not an awarding authority
<br />for any contract entered into by Grantee for the Improvement Work, nor is City otherwise
<br />undertaking any "Public Work" for purposes of California Labor Code section 1781. Grantee shall
<br />defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and
<br />employees from and against any and all losses, damages, costs, claims, causes of action and
<br />liability based upon the assertion that City or Grantee has failed to comply with any applicable
<br />provision of the California Labor Code in connection with Grantee's undertaking of the
<br />Improvement Work.
<br />Section 4. Reporting and Accounting Requirements.
<br />A. Grantee shall maintain true, proper, and complete books, records, and accounts
<br />(collectively, "Books and Records") in which shall be entered fully and accurately all transactions
<br />taken with respect to the Improvement Work and the expenditure of the Grant Funds. Grantee shall
<br />maintain the Books and Records in accordance with Generally Accepted Accounting Principles.
<br />B, City reserves the .right to designateits empfo_y_ee_ropLes_entatives, or_its .contracted
<br />representatives with a Certified Public Accounting firm, who shall have the right to audit Grantee's
<br />Books and Records as they relate to the Grant Proposal, and to examine any cost, revenue,
<br />payment, claim or other records or supporting documentation relating to Grantee's use and
<br />expenditure of the Grant Funds. Any such audit shall be undertaken by City or its representatives
<br />at mutually agreed upon reasonable times, and in conformance with generally accepted auditing
<br />standards. Grantee agrees to fully cooperate with any such audit.
<br />C. City's right to audit shall extend for a period of three (3) years following the date
<br />of City's provision of the Grant Funds to Grantee. Grantee agrees to retain all records and
<br />documentation relating to the Grant Proposal and Grantee's expenditure of the Grant Funds for
<br />such period.
<br />Section 5. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify,
<br />defend, and hold harmless City, and its elected and appointed officials, officers, employees and
<br />agents, (collectively, the "Indemnified Parties") from and against any and all claims (including,
<br />without limitation, claims for bodily injury, death or damage to property), demands, obligations,
<br />damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs and
<br />expenses (including, without limitation, attorney's fees, disbursements and court costs) of every
<br />kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), which may arise from
<br />or in any manner relate (directly or indirectly) to this Agreement and Grantee's undertaking of the
<br />Improvement Work (including the negligent and/or willful acts, error and/or omission of Grantee,
<br />its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone
<br />employed directly or indirectly by any of them or for whose acts they may be liable for any or all
<br />of them). Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to
<br />indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful
<br />misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability
<br />regardless of whether any insurance policies are applicable. The policy limits do not act as a
<br />limitation upon the amount of indemnification to be provided by Grantee.
<br />2
<br />X:1cmo\Agreements\Larry Jacinto Construction, Inc, Grant Agreement (Zanja Trail Parking Lot) FY23-0031,docx-msv2
<br />
|