07/09/2012 Council Packet - Laserfiche WebLink

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• to the six cities' snow and ice control programs during the winter season. This data will be made publicly available by the District for informational and research purposes as it sees fit. Il. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the City, the District will provide the City cost -share assistance in the amount of 50 percent of the Project's eligible costs, as determined by the District, not to exceed $65,000.00. B. Payment Schedule. On District approval of the Project MOU's, equipment schedules and operations plan, certification by the City that it has obtained all necessary permits and approvals, and receipt of the City's issued notice to proceed, the District will disburse 50 percent of the RCWD Board approved cost -share amount to the City. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. C. Contingencies. The District's obligation to provide cost -share funds is contingent on the City's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District- approved equipment schedules and operations plan within 24 months. The City will return to the District any cost -share funds already received if this condition is not satisfied. III. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project - related documents is solely for the District's own accounting for funds expended. The District has no role in assessing the effectiveness of the Snow and Ice Operations Plan in achieving city operational and safety requirements. As between the District and the City, the City is solely responsible to ensure that the plan it proposes meets all such criteria. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The City represents that it has or will secure, at its own expense, all personnel and /or contractors required for the performance of this agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff and representatives, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement except for claims caused by the District's negligence or the District's failure to perform its obligations under this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. 2 P37