SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...

13.10.04 Contractor shall be solely responsible for any hazardous material, substance or chemical released
or threatened release caused or contributed to by Contractor. Contractor shall be solely
responsible for all clean-up efforts and costs.
13.11 Non-Assignment of Contract
The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract or
Contractor's right, title or interest in or to the same or any part thereof without previous written consent by
the District; and any such action by Contractor without District's previous written consent shall be void.
13.12 No Subcontract
Contractor shall not subcontract or permit anyone other than Contractor or its authorized staff and
subcontractors to perform any of the scope of work, services or other performance required of Contractor
under this Contract without the prior written consent of the District. Any such action by Contractor without
District's previous consent shall be void.
13.13 Severability
If any provision of this Contract is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall continue in full force and effect, and shall in no way be
affected, impaired or invalidated.
13.14 All Amendments in Writing
13.15 Audit
No amendment to this Contract shall be effective unless it is in writing and signed by duly authorized
representatives of both parties.
This Contract is subject to audit by Federal, State, or District personnel or their representatives at no cost
for a period of four (4) years after the date of expiration or termination of the Contract. Requests for audits
shall be made in writing, and Contractor shall respond with all information requested within ten (10)
calendar days of the date of the request. During the four-year period that the Contract is subject to audit,
Contractor shall maintain detailed records substantiating all costs and expenses billed against the Contract.
13.16 Smoking Prohibited
Contractor, its employees and agents shall not smoke in any enclosed area on District premises or in a
District vehicle.
13.17 Responsibility for Equipment
13.17.01 District shall not be responsible nor held liable for any damage to person or property consequent
upon the use, or misuse, or failure of any equipment used by Contractor, or any of its employees,
even though such equipment be furnished, rented or loaned to Contractor by District.
13.17.02 Contractor is responsible to return to the District in good condition any equipment, including keys,
issued to it by the District pursuant to this Agreement. If the contractor fails or refuses to return
District-issued equipment within five days of the conclusion of the contract work the District shall
deduct the actual costs to repair or replace the equipment not returned from the final payment
owed to contractor or take other appropriate legal action at the discretion of the District.
13.18 Grant Contracts
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