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Contract #34516 <br />1. TERM; WITHDRAWAL OF OFFER <br />(a) The term of this Agreement is from the date upon which the last party has dated and executed the same <br />("Effective Date") until December 31, 2020 ("Completion Date"). Recipient shall not commence the <br />Project until any required submittals are received and approved. Time is of the essence for every aspect <br />of this Agreement, including any time extensions. Any request for an extension of time beyond the <br />Completion Date must be made before October 1, 2020. Timely requests to extend, for longer than six <br />months, the Completion Date of the Agreement for projects whose District contribution exceeds <br />$100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention <br />that certain provisions survive termination or expiration of this Agreement, all provisions of this <br />Agreement that by their nature extend beyond the Completion Date survive termination or expiration <br />hereof (e.g., delivery of a final report, will remain in full force and effect after the Completion Date as <br />necessary to effect performance). <br />(b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. <br />This offer terminates 90 days after receipt by Recipient; provided, however, that Recipient may submit a <br />written request for extension of this time limit to the District's Project Manager, stating the reason(s) <br />therefor. Request for extension of time after the 90 days will be denied. The Project Manager shall <br />notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be <br />deemed modified accordingly without any further action by the parties. <br />(c) If the construction project, or the conservation project, which is eligible for District reimbursement, <br />does not begin before June 30, 2020, the cost -share agreement will be subject to termination and the <br />funds subject to reallocation. <br />2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, <br />Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely <br />completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise <br />specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities <br />and equipment necessary to complete the Project. The District's Project Manager shall make a final <br />acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory <br />completion of the Project, the District will provide Recipient a written statement indicating that the Project <br />has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall <br />constitute a release in full of all claims against the District arising from or by reason of this Agreement. <br />3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an <br />ownership interest in any of the deliverables under this Agreement. <br />4. AMOUNT OF FUNDING. <br />(a) For satisfactory completion of the Project, the District shall pay Recipient approximately 17% of the <br />total estimated construction cost of the Project, but in no event shall the District cost -share exceed <br />$1,500,000. The District cost -share is not subject to modification based upon price escalation in <br />implementing the Project during the term of this Agreement. Recipient shall be responsible for payment <br />of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project <br />Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to <br />execution of this Agreement. <br />(b) "Construction cost" is defined to include actual costs of constructing Project facilities, including <br />construction management. Land acquisition, engineering design, permitting, and solicitation costs are <br />excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless <br />expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward <br />Recipient's cost -share. <br />(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. <br />-2- <br />
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