2019.04.01 CC Packet - Laserfiche WebLink

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D. Completion of Construction. The Grantee's licensed professional engineer or landscape architect who designed the Project will certify the completion of Project construction in accordance with the approved plans and specifications no later than October 29, 2021. The Grantee will submit to the District documentation of Project expenditures and the certification of completion no later than December 30, 2021. II. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the Grantee, the District will provide the Grantee cost -share assistance in an amount not to exceed $185,760. The actual amount of cost -share will be determined based on final eligible Project costs, as determined by the District. The District will follow the order of preference below in allocating cost -share funds. 1. WBFPP: The District will provide 90 percent of the Project's eligible water quality component cost, not to exceed $78,760. BWSR requires that a local match equaling 10 percent of the water quality component cost be provided by the Grantee. 2. USWR: The District will provide additional USWR funds if any eligible Project costs remain after the allocation of WBFPP grant funds and required local match per Section II.A.1. The District will provide cost -share assistance in the amount of 50 percent of the balance of the Project's remaining eligible total cost, not to exceed $107,000. B. Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the Grantee that it has obtained all necessary permits and approvals, and receipt of the Grantee's issued notice to proceed, the District may disburse 50 percent of the RCWD Board approved cost -share amount upon request of the Grantee. 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 Grantee's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District -approved plans and specifications by October 29, 2021, and Project maintenance in accordance with the approved maintenance plan. The Grantee will return to the District any cost -share funds already received if this condition is not satisfied. Ill. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. The District's role under this agreement is solely to assist in Project funding. 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. As between the parties, the Grantee is solely responsible for selection of the Project design and the means, method and manner of construction. 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 Grantee represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this agreement. No Grantee personnel or contractor will be considered an agent, representative or employee of the District. 2