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25G - AGMT - DELHI PROJECT
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25G - AGMT - DELHI PROJECT
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6/30/2016 4:02:09 PM
Creation date
6/30/2016 2:32:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
7/5/2016
Destruction Year
2021
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JWA acceptance of the portion of the Facility within OCFCD, COUNTY, and /or JWA right -of- <br />way in accordance with the terms herein. <br />2.6 Project Fund and Grant Administration <br />2.6.1 Within forty days of the Effective Date, SANTA ANA shall have established the Project <br />Fund account in accordance with the terms herein and deposited into it any Grant funds and <br />amounts paid by the Parties for Project in its possession. SANTA ANA shall be the Grant <br />administrator and hold Grant funds and amounts paid by the Parties for Project Capital Costs in <br />this separate Project Fund. SANTA ANA shall implement disbursements from the Project Fund <br />to pay such Project costs as they become due and in accordance with the terms of the Grant and <br />this Agreement. <br />2.6.2 SANTA ANA shall accept and use the OCWD's contribution of ONE MILLION <br />DOLLARS and 00 /100 ($1,000,000.00), made pursuant to Paragraph 2.6.4 below, for the Project <br />construction cost. The funds shall be made available through an escrow account and paid when <br />construction is completed. <br />2.6.3 SANTA ANA shall keep appropriate records and accounts of all costs. Said records and <br />accounts shall be subject to reasonable inspection by Project Representatives at their expense <br />and by any Grant funding authorities. Said accounts and records may be audited annually by an <br />independent certified public accounting firm appointed by SANTA ANA pursuant to generally <br />accepted auditing standards. Costs incurred due to this section are to be paid by the Party or <br />Parties initiating the inspection or audit. SANTA ANA agrees to remain at all times in <br />compliance with the terms of the Grant. <br />2.6.4 SANTA ANA shall forward to OCWD a copy of the Notice of Completion approved by <br />the Director with written request for payment of the ONE MILLION DOLLARS and 00 /100 <br />($1,000,000.00) pursuant to this Agreement. OCWD's contribution will be deposited into the <br />Project Fund and used prior to SANTA ANA invoicing the remaining Parties as part of the final <br />reconciliation of the Project Fund. <br />2.6.5 SANTA ANA shall provide Project Fund account statements with updated accounting <br />reconciliations provided upon written request from a Project Representative. Any interest <br />accrued on the Project Fund shall be for the benefit of the Project Fund. A final reconciliation <br />and detailed accounting report will be provided by SANTA ANA upon completion of the Project <br />to each Party. Within forty -five (45) calendar days of Project completion, any excess funds <br />remaining in the Project Fund, minus any unexpended Grant funds, shall be distributed to the <br />Parties per the proportionate shares specified in Exhibit C2. <br />2.7 Operation and Maintenance (O &M) <br />2.7.1 SANTA ANA shall be responsible for the preparation of the O &M Manual for the <br />Facility and components thereof as part of the construction contract and its distribution to the <br />Parties for review and approval by the Project Representatives. The Notice of Completion for the <br />Facilities shall not be prepared until the O &M Manual has been approved. SANTA ANA agrees <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -20 <br />Page 16 of 74 <br />
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