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<br />A-2005-057 <br /> <br />Contract No. CP-0414 <br /> <br />ORANGE COUNTY SANITATION DISTRICT <br />COOPERATIVE PROJECTS PROGRAM CONTRACT <br />RECITALS <br /> <br />WHEREAS, this Contract is entered into on 1V\AfcJl J..I , 2002" by and <br />between the Orange County Sanitation District (hereinafter referred to as "DISTRICT") <br />whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of <br />Santa Ana (hereinafter referred to as "AGENCY"); and <br /> <br />WHEREAS, DISTRICT is a duly organized County Sanitation District, existing <br />pursuant to the County Sanitation District Act, California Health and Safety Code section <br />4700, et seq., providing for the ownership, operation, and maintenance of wastewater <br />collection, treatment, and disposal facilities within Orange County, California; and <br /> <br />WHEREAS, DISTRICT implemented a Cooperative Projects Program to co-fund <br />wastewater projects sponsored by agencies located within DISTRICT's service area. <br />DISTRICT's Board of Directors has the authority to enter into Cooperative Projects <br />Program contracts to implement the program. DISTRICT's Board of Directors has <br />authorized a contract with AGENCY for the project described in Exhibit "A" (Project <br />Description/Statement of Work, hereinafter the "Project"), attached hereto and by <br />reference made a part of this Contract; and <br /> <br />WHEREAS, AGENCY has met the requirements for receipt of Cooperative <br />Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program <br />Application. <br /> <br />NOW THEREFORE, the parties agree as follows: <br /> <br />AGREEMENT <br /> <br />1. AUDIT - AGENCY shall at least once every year, or within two (2) years of the <br />termination of this Contract if the term is less than two (2) years, be subject to an <br />audit by DISTRICT, or its authorized representative, to determine if the revenues <br />received by AGENCY were appropriately spent for the Project described in <br />Exhibit "A", DISTRICT shall coordinate such audit through AGENCY'S audit <br />staff. If an amount is found to be inappropriately expended, DISTRICT may <br />withhold revenue from AGENCY in the amount equal to the amount that was <br />inappropriately expended. Such withholding shall not be construed as <br />DISTRICT's sole remedy and shall not relieve AGENCY of its obligation to <br />perform under the terms of this Contract. <br /> <br />2. WATER CONSERVATION BMP - AGENCY agrees to adopt the Best <br />Management Practices (BMP) for water conservation, more particularly <br />described in Exhibit "0" (Water Conservation - Best Management Practices) <br />attached hereto and by reference made a part of this Contract. <br /> <br />3. TERM - The term of this Contract is from date of contract execution by both <br />parties through completion of the Project or November 1, 2006, whichever occurs <br />