AgdaPkt 2008-10-27 Clsd and Reg - Laserfiche WebLink

Browse Search

6.3A Page 6 been incurred and a request for reimbursement has been produced and submitted to DWR by BACW A-the "Grantee" under the State Agreement; BACW A and each of the Participating Water Entities will cooperate in fulfilling the obligations under the State Agreement for disbursement of the State Grant funds to BACW A, who will in turn disburse the State Grant funds to each of the Participating Water Entities for their specified projects; and E. WHEREAS, the process by which each of the Participating Water Entities will submit their reimbursement requests to BACW A, and how BACW A will in turn disburse the State Grant funds to each of the Participating Water Entities, will be governed by individualized versions of this Implementation Agreement entered into between BACWA and each individual Water Entity (collectively, the "Implementation Agreements"); each of the Implementation Agreements will contain similar terms and provisions, but will be tailored to the specific funding and grant requirements particular to each of the Participating Water Entities; each of the Implementation Agreements that will be entered into by and between BACWA and each of the Participating Water Entities, including Project Sponsor, will ensure that matching funds are committed by the Participating Water Entities and all pertinent conditions under the State Agreement are satisfied, which is intended to reduce the risk of exposure to BACW A in executing the State Agreement on behalf of the Participating Water Entities; thus, the process by which Project Sponsor will submit its reimbursement requests to BACW A, and how BACW A will in turn disburse the applicable portion of the State Grant funds to Project Sponsor, is governed by this Implementation Agreement; this Implementation Agreement shall be fully executed prior to when Project Sponsor will be entitled to submit its first reimbursement request to BACW A and before BACW A will in turn be required to disburse the applicable portion of the State Grant funds to Project Sponsor; and F. WHEREAS, BACW A, as a Joint Powers Authority, relies on the paid services of the East Bay Municipal Utility District ("EBMUD") Accounting Department to provide all its financial accounting services; it is anticipated that, in carrying out each of the Implementation Agreements and the State Agreement,BACW A win rely on EBMUD Accounting to provide all the necessary fmancial services, including but not limited to the final development of State Grant reimbursement requests, the tracking of State Grant reimbursements from DWR, and the distnoution of the State Grant funds to the Participating Water Entities; and G. WHEREAS, one of the stipulations BACWA entered into with the Participating Water Entities was that the cost of applying for and implementing the State Grant and the State Agreement will be fully paid for by the Participating Water Entities, not BACW A; additionally, BACW A and the Participating Water Entities stipulated that all liability under the State Grant and the State Agreement will be the responsibility of the Participating Water Entities, not BACW A; thus, each of the obligations set forth in the Implementation Agreements, including this Implementation Agreement, are to be fulfilled in the manner that most furthers these stipulations; where BACW A will serve as a project sponsor fOT a particular project that it will carry out, BACW A will maintain liability for that particular project only. {009()7092} 2