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55A - RESOLUTION - DIAMOND PARK MUTUAL WATER COMPANY
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12/19/2011
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55A - RESOLUTION - DIAMOND PARK MUTUAL WATER COMPANY
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Last modified
1/3/2012 3:36:32 PM
Creation date
12/16/2011 3:06:20 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55A
Date
12/19/2011
Destruction Year
2016
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Supplier's Name <br />Funding Agreement No. 84 <br />Page 13 of 20 <br />(b) Disposition of Funds Disbursed <br />In addition to specific requirements set forth in this Agreement, all funds <br />disbursed pursuant to this Agreement shall be deposited, administered, and accounted <br />for pursuant to all provisions of law applicable to Supplier. <br />(c) Interim and Final Audits <br />In addition to the provisions of Article A-14, at any time following execution of this <br />Agreement and until completion of the Project, or final disbursement whichever shall <br />occur last, State reserves the right to conduct an audit of Supplier's disposition of all <br />funds disbursed under this Agreement. After completion of the Project, State may <br />require Supplier to conduct a final audit, at Supplier's expense, such audit to be <br />conducted by and a report prepared by an independent Certified Public Accountant. <br />Failure or refusal by Supplier to comply with these provisions shall be considered <br />a substantial breach of this Agreement. <br />ARTICLE A-13. INSPECTIONS OF PROJECT BY STATE <br />State shall have the right but not the duty to inspect the work being performed on <br />the Project at any and all reasonable times during the term of this Agreement. This <br />right shall extend to any subcontracts, and Supplier shall include provisions ensuring <br />such access in all its contracts or subcontracts related to the Project. <br />ARTICLE A-14. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT <br />STATE PERMISSION <br />During the term of this Agreement Supplier shall not sell, abandon, lease, <br />transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all <br />or any portion of the Project or any real or other property necessarily connected or used <br />in conjunction with the Project, without prior written consent of State. <br />ARTICLE A-15. NONDISCRIMINATION CLAUSE <br />During the performance of this Agreement, Supplier, its contractors and <br />subcontractors, shall not deny the Agreement's benefits to any person on the basis of <br />religion, color, ethnic group identification, sex, age, physical or mental disability, nor <br />shall they discriminate unlawfully against any employee or applicant for employment <br />because of race, religion, color, national origin, ancestry, physical handicap, mental <br />disability, medical condition, marital status, age, or sex. Supplier, its contractors and <br />subcontractors shall ensure that the evaluation and treatment of employees and <br />applicants for employment are free of such discrimination. <br />Supplier, its contractors and subcontractors shall comply with the provisions of <br />the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the <br />13 <br />55A-31
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