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10/16/95 15:39 UST CLEANUP FUND + 912094640138 NU. 112 Ulm <br /> 5/24/94 UST FAR Account <br /> It is important to note, when entering into an oral contract, that the State <br /> Nater Board will not indemnify a contractor. Also, the minimum time allowed <br /> for invoice payments should be fifty (50) calendaF days, except for small <br /> businesses. Small businesses will be paid in accordance with California <br /> Government Code, Title 1, Section 926.15. <br /> r <br /> Within one week following an oral contract, the Regional Water Board shall <br /> submit a written confirmation of the oral contract and the site-specific <br /> information requested in the Funding Criteria Section of the APU, to the Chief, <br /> DCWP. <br /> When it is feasible to do so, written contracts should be prepared. Written <br /> contracts are preferable because they specifically define the scope of work and <br /> method of payment, and they address liability issues. Contract disputes can be <br /> minimized with written contracts. <br /> The LIA shall procure emergency services in accordance with LIA procurement <br /> requirements. A copy of all LIA agreements, and the site-specific information <br /> requested in the Funding Criteria Section of the APU, must be submitted to the <br /> DCWP. No invoices will be paid until this information has been submitted. <br /> In addition, LIAs should be aware that they are required to maintain $1,000,000 <br /> in liability insurance in a form satisfactory to the Department of General <br /> Services, Office of Risk and Insurance Management. An agency can self-insure. <br /> A copy of the insurance policy or certificate of self-insurance, showing that <br /> hazardous activities are covered, must be submitted to the DCWP's EAR Account <br /> designated Contract Manager before any payments can be made. <br /> All written contracts must be processed through the State Water Board Contracts <br /> Office before invoices can be paid. The Contracts Office will ensure that the <br /> contracts meet the requirements of State contract law. These contract <br /> requirements are set forth in Administrative Procedures Manual , Section 3.1. <br /> Non-Emergency Funded Sites: <br /> For LIA sites, a contract between the State Water Board and the LIA is required <br /> before any costs can be incurred. A boilerplate contract has been developed <br /> for this purpose. A description of the proposed scope of work, an estimated <br /> budget and proof of insurance is required before the Contract can be initiated. <br /> Also, a LTA Resolution, authorizing the LIA to enter into the contract, is <br /> required before the contract can be approved. The LIA Resolution must <br /> include: <br /> a. Wording to authorize all future amendments so that a resolution is not <br /> required for each amendment; <br /> b. The exact dollar amount of the contract, not to exceed the approved amount <br /> of funding; and <br /> c. The title of the person authorized to sign the contract. <br /> When procuring required services, the Regional Water Boards and LIAs shall <br /> comply with all applicable public contract requirements. for any actions other <br /> than emergency action. EAR Account contracts may include provisions for <br /> -10- <br />