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SANTA ANA WATERSHED PROJECT AUTHORITY
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Last modified
6/15/2020 11:33:05 AM
Creation date
4/2/2020 2:44:19 PM
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Contracts
Company Name
SANTA ANA WATERSHED PROJECT AUTHORITY
Contract #
A-2020-050
Agency
PUBLIC WORKS
Council Approval Date
3/17/2020
Expiration Date
12/31/2020
Destruction Year
2025
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Grant Agreement No. 4600011889 <br />Page 23 of 32 <br />been completed in accordance with submitted final plans and specifications and any <br />modifications thereto and in accordance with this Grant Agreement. Grantee shall notify the <br />State's Project Manager of the inspection date at least 14 calendar days prior to the <br />inspection in order to provide State the opportunity to participate in the inspection. <br />D.20) GRANTEE COMMITMENTS: Grantee accepts and agrees to comply with all terms, provisions, <br />conditions and commitments of this Grant Agreement, including all incorporated documents, <br />and to fulfill all assurances, declarations, representations, and statements made by the <br />Grantee in the application, documents, amendments, and communications filed in support of <br />its request for funding. <br />D.21) GRANTEE NAME CHANGE: Approval of the State's Program Manager is required to change the <br />Grantee's name as listed on this Grant Agreement. Upon receipt of legal documentation of <br />the name change the State will process an amendment. Payment of invoices presented with <br />a new name cannot be paid prior to approval of said amendment. <br />D.22) GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in <br />accordance with the.laws of the State of California. <br />D.23) INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, <br />and employees, free and harmless from any and all liabilities for any claims and damages <br />(including inverse condemnation) that may arise out of the Project and this Agreement, <br />including, but not limited to any claims or damages arising from planning, design, <br />construction, maintenance and/or operation of levee rehabilitation measures for this Project <br />and any breach of this Agreement. Grantee shall require its contractors or subcontractors to <br />name the State, its officers, agents and employees as additional insured on their liability <br />insurance for activities undertaken pursuant to this Agreement. <br />D.24) INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the <br />performance of the Grant Agreement, shall act in an independent capacity and not as <br />officers, employees, or agents of the State. <br />D.25) INSPECTION OF HOOKS, RECORDS, AND REPORTS: During regular office hours, each of the <br />parties hereto and their duly authorized representatives shall have the right to inspect and to <br />make copies of any books, records, or reports of either party pertaining to this Grant <br />Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make <br />available at all times for such inspection accurate records of all its costs, disbursements, and <br />receipts with respect to Its activities under this Grant Agreement. Failure or refusal by Grantee <br />to comply with this provision shall be considered a breach of this Grant Agreement, and State <br />may withhold disbursements to Grantee or take any other action it deems necessary to <br />protect its interests. <br />D.26) INSPECTIONS OF PROJEg_T BY §§ATE: State shall have the right to inspect the work being <br />performed at any and all reasonable times during the term of the Grant Agreement. This right <br />shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in <br />all its contracts or subcontracts entered into pursuant to its Grant Agreement with State. <br />D.27) INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made until the <br />dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as <br />provided may result in return of the invoice to the Grantee. Payment shall be deemed <br />complete upon deposit of the payment, properly addressed, postage prepaid, in the United <br />States mail. Any claim that Grantee may have regarding the performance of this Grant <br />Agreement including, but not limited to claims for additional compensation or extension of <br />time, shall be submitted to the DWR Project Monager within thirty (30) calendar days of <br />
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