04-15-2024 Agenda
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04-15-2024 Agenda
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1 <br />DWR Project No. 2213 <br />Planning and Education Division <br />December 2023 <br /> <br />Agreement for Cost-Share Reimbursement <br />City of Mapleton <br />Mapleton Flood Protection Study <br /> <br /> 1. PARTIES. This agreement is between the State of North Dakota (State), by <br />and through the State Water Commission (Commission), and the City of Mapleton <br />(Sponsor). <br /> <br /> 2. COMMISSION’S RESPONSIBILITY AND INTENT. Commission will provide <br />Sponsor with cost-share, not to exceed $86,084, as approved by Secretary in December <br />2023, to reimburse 60 percent of the actual eligible costs incurred in Sponsor’s Mapleton <br />Flood Protection Study (Project), contingent on availability of funds and conditions of this <br />agreement. Commission’s intent in providing this funding to Sponsor is merely to help <br />Sponsor financially afford Project. Sponsor retains sole and absolute discretion in the <br />manner and means of carrying out Project, except to the extent specified in this <br />agreement. <br /> <br /> 3. SPONSOR’S RESPONSIBILITIES. Sponsor must: <br /> <br />a. Complete Project. <br /> b. Provide continued maintenance for Project. <br />c. Ensure all applicable permits (federal, state, and local) are obtained. <br />d. Acquire all title to land and easements for Project. <br />e. Comply with all North Dakota laws governing the requirements for <br />competitive bids, advertising, and awarding of contracts for <br />construction of Project. <br />f. Maintain a Project file containing relevant documents and <br />correspondence generated during the course of Project. <br />Commission is not responsible for maintaining a Project file. <br />g. Provide a progress report to Commission at least every four years if <br />the term of Project exceeds four years. If a progress report is not <br />timely received, or if after a review of a progress report Commission <br />determines Project has not made sufficient progress, Commission <br />may terminate the agreement for Project funding. <br />h. Notify Commission of any changes to Project funding, including <br />additional funding or funding sources. Cost-share may be modified <br />based on the revised local share. <br />i. Prior to signature, inform Commission and any other relevant party <br />regarding Project of any errors, misinterpretations, changes, <br />modifications, miscalculations, incorrect Project descriptions, or any <br />other information stated herein that is inaccurate. <br />j. Notify Commission of litigation related to the Project. If a Project <br />becomes the subject of litigation before all funds have been
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