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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 <br />5.3.6 Hazardous Waste Restitution <br />Upon identification of hazardous materials located on Santa Ana owned properties <br />which materials must be removed or remediated before commencement of the <br />Project, Santa Ana shall seek restitution for removal of such hazardous materials <br />and shall reimburse OCTA for Project costs recovered, less Santa Ana's costs <br />incurred in such restitution recovery efforts. <br />5.3.7 Environmental Updates <br />In the event that OCTA deems it necessary to make significant changes to the <br />Project descriptions as submitted to the Federal Transit Administration or used for <br />purposes of the Environmental Impact Report, OCTA shall notify Santa Ana of the <br />reasons for the changes. Santa Ana shall be responsible for supporting and <br />coordinating with OCTA in cornpleting any additional environmental review <br />required under State or federal law and OCTA shall reimburse Santa Ana for costs <br />incurred to make the necessary amendments to the environmental documents. <br />5.3.8 Operating Costs <br />Santa Ana shall be responsible for funding 10% of operating costs less Fare Box <br />Revenue for the Streetcar System. This amount shall be paid to OCTA on an <br />annual basis. The invoicing and payment process shah be developed jointly and <br />will be further defined in the Operations and Maintenance Agreement. <br />5.4 Santa Ana Reimbursements <br />Santa Ana reimbursements shall be addressed in cooperative agreements. The Parties <br />shall identify the methods and information to support a valid invoice for reimbursement. <br />For example, what each invoice shall contain, such as the names, labor pay rates, hours <br />spent, applicable expenses, and a description of work performed and when it was <br />performed. Santa Ana shall follow OCTA's expense reimbursement guidelines which at <br />a minimum must be consistent with federal guidelines and will be detailed in the design <br />and construction agreements. Santa Ana shall invoice OCTA not less than every two <br />months for all requested reimbursements. <br />Legal costs submitted in an invoice associated with condemnation support must include <br />the written authorization to proceed with condemnation provided by OCTA. <br />Final cost accounting on Santa Ana reimbursements shall be conducted jointly during <br />Project closeout. <br />To request a Betterment, the requesting entity must submit a written justification along <br />with a cost estimate for OCTA's approval. If approved, the entity requesting the <br />Betterment shall be responsible for all incremental costs incurred as a result of the <br />Betterment. <br />L: \Camm\ CLERICAL \WORDPROC \AGREE \agS3295 SA OCTA MOU_Final 06.30.2015MOU.docx <br />