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C150227 Contract
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C150227 Contract
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Last modified
3/27/2013 7:41:43 AM
Creation date
3/26/2013 1:16:26 PM
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Grants
Applicant
South Platte Ditch Company
Grant Type
Non-Reimbursable
Fiscal Year (i.e. 2008)
2006
Project Name
Canal Modernization and Radio Telemetry Demonstration Project
CWCB Section
Finance
Contract/PO #
C150227
Grants - Doc Type
Contract/Purchase Order
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AGREEMENT <br />This agreement between the South Platte Ditch Company (SPDC) and certain below - <br />named individual shareholders of the Johnson & Edwards Ditch Company (J &E <br />Shareholders) is made and entered into to confirm the terms of J &E Shareholders' <br />participation and obligations in the Radio Telemetry Canal Modernization Demonstration <br />Project (Project). This Project which is funded in -part by a non - reimbursable grant from <br />the Colorado Water Conservation Board (CWCB), as described in the grant contract <br />between the CWCB and the SPDC — Contract No. C150227 — (Contract), which is <br />attached and incorporated herein by reference. A task list, schedule and budget for the <br />Project are included in Appendix A of the Contract. In consideration for the mutual <br />promises made herein, the terms of individual J &E shareholders' participation in the <br />Project shall be as follows: <br />I. Aspects of the Project involving installations on or changes to the facilities <br />under the J &E system will be as described in Appendix A of the Contract, and <br />the undersigned J &E Shareholder shall be solely responsible for paying the <br />initial costs for such changes, subject to the right to reimbursement under the <br />Contract noted below. Specifically, Phase I, Tasks 1, 4, 5 & 8; Phase II, Task <br />4; and Phase III, Task 4 as described in Appendix M of the Contract identify <br />sites /equipment where installations will be made on the J &E system. As <br />noted in Phase fl, performance of Task 4, installation of radio %ontrol units in <br />J &E alternate point of diversion wells, will be dependent on voluntary <br />enrollment by well owners. <br />II. The J &E Shareholders will also participate in facets of the project not <br />exclusively involved with installations on J &E sites. Specifically, Phase I, <br />Tasks 6, 8 & 10; Phase 11, Tasks 6 & 8, and Phase III, Tasks 5 & 7, identify <br />tasks where the SPDC and the J &E Shareholders will have equal <br />involvement with commitments of In -Kind contributions. Additionally, the <br />SPDC and J &E Shareholders will have equal involvement in putting on three <br />field days (Phase I, Task 9; Phase 11, Task 7; and Phase III, Task 6). <br />III. All CWCB- funded aspects of the Project will be funded on an actual -cost- <br />incurred reimbursement basis. Under the terms of the Contract, the SPDC is <br />entered into direct contract with the CWCB. All J &E Shareholder participation <br />in the Project and under the CWCB Contract will be through the SPDC, under <br />the terms outlined in this Agreement. The J &E Shareholders will be solely <br />responsible for making payment for any reimbursable purchases for <br />equipment installations on facilities under the J &E system. Records of <br />purchases /payments, along with records of in -kind contributions will be kept <br />by the J &E Shareholders for all J &E Shareholder involvement in the Project <br />Updated records will be submitted monthly to the SPDC, (or to a person <br />designated by the SPDC). CWCB reimbursements will be routed through the <br />SPDC, with the SPDC then forwarding reimbursements due to the J &E <br />Shareholders. <br />IV. Neither the SPDC nor the participating J &E Shareholders shall assume any <br />responsibility or liability for aspects of the Project that are specific to the <br />physical features of the other company. Neither the SPDC nor the J &E <br />Shareholders shall be held financially accountable to each other in any <br />Appendix A to Grant Contract No. C 15 0227 <br />Page 1 of 2 <br />
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