Common use of COUNTY AGREES Clause in Contracts

COUNTY AGREES. 1. All work performed by COUNTY, or performed on COUNTY’s behalf, shall be performed in accordance with all state and federal laws, regulations, policies, procedures, and standards. 2. To obtain any and all necessary property rights and/or rights of entry required prior to the implementation of STORMWATER MITIGATION PROJECT and for full compliance with any terms and conditions thereof. Said rights of entry shall also include rights for CALTRANS personnel. 3. To obtain any and all environmental approvals and/or resource agency agreements, permits and/or approvals required prior to implementation of STORMWATER MITIGATION PROJECT and to fully comply with any terms and conditions thereof including closing of the project complying with various Permits. 4. To use one hundred percent (100%) of CALTRANS’ funds provided pursuant to this Agreement, in order to satisfy COUNTY’s obligation and responsibilities set forth in this Agreement. 5. To submit an initial invoice in the amount of $900,000 to CALTRANS within thirty (30) days of execution of this Agreement and prior to commencement of any work performed by COUNTY. Said initial billing represents four months estimated costs of the STORMWATER MITIGATION PROJECT development. Thereafter, to prepare and submit to CALTRANS monthly billing statements for estimated expenditures one month in advance as development of STORMWATER MITIGATION PROJECT proceeds. 6. Upon completion of STORMWATER MITIGATION PROJECT and all work incidental thereto, to furnish CALTRANS with a detailed statement of STORMWATER MITIGATION PROJECT costs to be borne by CALTRANS. COUNTY thereafter shall refund to CALTRANS, promptly after completion of COUNTY’s final accounting of STORMWATER MITIGATION PROJECT costs, any amount of CALTRANS’ deposits remaining after actual costs to be borne by CALTRANS have been deducted, or to bill CALTRANS for any additional amount required to complete CALTRANS’ financial obligations pursuant to this Agreement. 7. If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, COUNTY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. 8. To include prevailing wage requirements in its contracts for public work. Work performed by COUNTY’s own forces is exempt from the Labor Code’s Prevailing Wage requirements. COUNTY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed falls within Labor Code sections 1720(a)(1) definition of “public works” or maintenance work under Labor Code section 1771. Subcontracts shall include all prevailing wage requirements set forth in COUNTY’s contracts. 9. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and to make such materials available at the respective offices of CALTRANS at all reasonable times for three (3) years after the termination date of this Agreement. CALTRANS, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of COUNTY that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested. 10. To provide permanent Stormwater Treatment BMP maintenance records upon CALTRANS request. 11. To provide CALTRANS with Stormwater Treatment BMP design information, including plan and calculations, e.g., BMP sizing and waste load reduction.

COUNTY AGREES. 1. All work performed by COUNTY, or performed on COUNTY’s behalf, shall To be performed the lead agency for this PROJECT and to diligently undertake and complete in accordance with all state and federal laws, regulations, policies, procedures, and standards.a timely manner the Scope of Work for the PROJECT as shown in Attachment A. 2. To obtain any and be responsible for all necessary property rights and/or rights PROJECT costs in excess of entry required prior to $1,006,393 absent approval of an additional allocation from the implementation of STORMWATER MITIGATION PROJECT and for full compliance with any terms and conditions thereof. Said rights of entry shall also include rights for CALTRANS personnelSANBAG Board. 3. To obtain any and all environmental approvals and/or resource agency agreements, permits and/or approvals required prior to implementation of STORMWATER MITIGATION PROJECT and to fully comply with any terms and conditions thereof including closing be responsible for expending that portion of the project complying eligible PROJECT expenses that are incurred by COUNTY, and by reimbursed by AUTHORITY, for an amount not to exceed $1,006,393 in MLHP Funds, in accordance with various PermitsSection I, Paragraph 2. Expenses relative to time spent on the PROJECT by COUNTY are considered eligible PROJECT expenses and may be charged to the PROJECT funds subject to AUTHORITY’s guidelines. 4. To use one hundred percent (100%) of CALTRANS’ funds provided pursuant abide by all AUTHORITY, COUNTY, Local, State, and Federal laws, regulations, policies and procedures pertaining to this Agreement, in order to satisfy COUNTY’s obligation and responsibilities set forth in this Agreementthe PROJECT. 5. To submit an initial invoice in the amount of $900,000 to CALTRANS within thirty (30) days of execution of this Agreement and prior to commencement of any work performed by COUNTY. Said initial billing represents four months estimated costs of the STORMWATER MITIGATION PROJECT development. Thereafter, to prepare and submit to CALTRANS monthly billing statements AUTHORITY an original and two copies of signed invoices for estimated expenditures one month in advance reimbursement of eligible PROJECT expenses. Invoices may be submitted to AUTHORITY as development of STORMWATER MITIGATION PROJECT proceedsfrequently as monthly. 6. Upon completion To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of STORMWATER MITIGATION PROJECT five (5) years from the date of the Final Report of Expenditures submittal to AUTHORITY or until audit resolution is achieved, whichever is later, and to make all work incidental thereto, to furnish CALTRANS with a detailed statement such supporting information available for inspection and audit by representatives of STORMWATER MITIGATION PROJECT costs to be borne by CALTRANS. COUNTY thereafter shall refund to CALTRANS, promptly after completion of AUTHORITY during normal business hours at COUNTY’s final accounting Department of STORMWATER MITIGATION PROJECT costs, any amount of CALTRANS’ deposits remaining after actual costs to Public Works. Copies will be borne made and furnished by CALTRANS have been deducted, or to bill CALTRANS for any additional amount required to complete CALTRANS’ financial obligations pursuant to this AgreementCOUNTY upon written request by AUTHORITY. 7. If the work performed under this Agreement is done under contract To establish and falls within the Labor Code section 1720(a)(1maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) definition of "public works" in that it is constructionto support COUNTY’s requests for reimbursement, alteration, demolition, installationpayment vouchers, or repair; or maintenance invoices which segregate and accumulate costs of PROJECT work under Labor Code section 1771elements and produce monthly reports which clearly identify reimbursable costs, COUNTY must conform to the provisions of Labor Code sections 1720 through 1815matching fund costs, indirect cost allocation, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7other allowable expenditures by COUNTY. 8. To include prevailing wage requirements prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in its contracts for public workthe work activities, and to submit that Final Report of Expenditures and final invoice no later than 120 days following the completion of those expenditures. Work performed by COUNTY’s own forces is exempt from An original and two copies of the Labor Code’s Prevailing Wage requirements. COUNTY Final Report of Expenditures shall require its contractors be submitted to include prevailing wage requirements AUTHORITY and must state that these PROJECT funds were used in all subcontracts funded by conformance with this Agreement when the and for those PROJECT-specific work to be performed falls within Labor Code sections 1720(a)(1) definition of “public works” or maintenance work under Labor Code section 1771. Subcontracts shall include all prevailing wage requirements set forth in COUNTY’s contractsactivities described. 9. To retain cooperate in having a PROJECT-specific audit completed by AUTHORITY, at AUTHORITY’s option and expense, upon completion of the PROJECT. The audit must state that all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and to make such materials available at funds expended on the respective offices of CALTRANS at all reasonable times for three (3) years after the termination date of PROJECT were used in conformance with this Agreement. CALTRANS, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of COUNTY that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested. 10. To provide permanent Stormwater Treatment BMP maintenance records upon CALTRANS requestrepay to AUTHORITY any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of COUNTY receiving notice of audit findings, which time shall include an opportunity for COUNTY to respond to and/or resolve the findings. Should the findings not be otherwise resolved and COUNTY fail to reimburse moneys due AUTHORITY within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Parties, the AUTHORITY reserves the right to withhold future payments due COUNTY from any source under AUTHORITY’s control. 11. To include AUTHORITY in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT progress, to provide CALTRANS at least quarterly schedule updates to AUTHORITY, and to consult with Stormwater Treatment BMP design informationAUTHORITY on critical issues relative to the PROJECT. 12. As an eligible PROJECT expense, including plan to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of AUTHORITY and calculations, e.g., BMP sizing and waste load reductionCOUNTY.