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FULL PACKET_2014-07-01
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FULL PACKET_2014-07-01
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6/27/2014 1:04:58 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
7/1/2014
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Standard Agreement DOT -213 <br />EXHIBIT B <br />3. procurement options are Identified in Exhibit D <br />City of Santa Ana <br />642572 <br />Page 4 of 29 <br />D. Billinq and Payment for Other Eguioment. Funds allocated for use on this PROJECT Identified as <br />Other Equipment are payable to the CONTRACTOR in arrears on a reimbursement basis. The <br />CONTRACTOR shall submit its request(s) for payment to the STATE upon completion of <br />procurement process detailed in Exhibit D. Parts 7 and 8. The request(s) for payment shall certify <br />that the CONTRACTOR has received and accepted the equipment and shall be submitted <br />together with copies of the vendor's original invoice and the CONTRACTOR'S purchase order <br />including proof of payment. The CONTRACTOR'S invoice and the vendor's paid invoice shall be <br />consistent with the purchase order and include a breakdown of unit costs, sales tax, registration <br />fees, any items not payable under this PROJECT, and any items not subject to sales tax. The <br />latter includes "items and materials when used to modify a vehicle for physically handicapped <br />persons ", which are exempt from sales tax under Revenue and Taxation Code § 6369.4 <br />E. Upon review and approval by the STATE, the STATE agrees to reimburse the CONTRACTOR for <br />allowable casts as defined in 2 CPR Part 225 and 49 CFR, Part 18 upon receipt of an invoice that <br />is Itemized per the Bid Approval Letter, and otherwise meets the requirements of this Standard <br />Agreement. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for <br />correction. <br />F. The obligations of the STATE to CONTRACTOR under the terms of this contract shall terminate <br />upon payment of CONTRACTOR'S invoices for the PROJECT equipment. All invoices shall be <br />submitted for payment within 90 days of equipment acquisition. The obligations of the Contractor <br />under this Agreement shall remain in effect until all PROJECT equipment has been disposed of <br />under the terms of this Agreement. <br />G. The net PROJECT cost and allowability of individual items of PROJECT cost shall be determined <br />in conformance with CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, 2 CFR <br />Part 230 (OMB Circular A -122), "Cost Principles for Non - profit Organizations," and other <br />applicable regulations, circulars, or memorandums that may be issued by Federal Transportation <br />Administration (FTA). <br />2. Budget Contingency Clause <br />A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years <br />covered under this Agreement does not appropriate sufficient funds for the program, this <br />Agreement shall be of no further force and effect. In this event, the STATE shall have no liability <br />to pay any funds whatsoever to CONTRACTOR or to furnish any other considerations under this <br />Agreement and CONTRACTOR shall not be obligated to perform any provisions of this <br />Agreement. <br />B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, <br />the STATE shall have the option to either cancel this Agreement with no liability occurring to the <br />STATE, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount. <br />3. Prompt Payment Clause, <br />A. In the event the contractor is a certified small business or similar entity, but not a public agency, <br />the STATE shall make payment within 45 days in accordance with Government Cade Chapter 4.5 <br />Section 927, <br />20A -9 <br />Rev, 03/25/2014 <br />
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