Marshland Flood Control District 10/8/2019

invoices for any deficit shall be paid within sixty(60) days of receipt. If the actual Pump Electricity Operating Costs were lower than the anticipated Pump Electricity Operating Costs,the District shall reimburse the County and the City for their respective shares of the overpayment of Increased Hillside Runoff Pump Electricity Operating Costs within the 90 day time limit specified above. A spreadsheet showing the calculation for anticipated cost and True-Upping is attached to this Agreement as Exhibit G. 10. ACCOUNTING FOR GRANT FUNDS RECEIVED BY DISTRICT 10.1 General Principles From time to time the District may receive donative funding from an outside source such as, by way of example and not by way of limitation, grant funds from FEMA (any such funding, the "Grant Funds"). The parties agree that the benefit of any Grant Funds received by the District should be shared by the parties on an equitable,pro-rata basis, based on(i)the category of the District's expenses to which the Grant Funds are applied, and(ii)each party's respective proportionate share of that category of the District's expenses pursuant to this Agreement. 10.2 Grant Funds for Capital Expenditures Any Grant Funds received and used for Capital Expenditures shall not affect the parties' respective obligations to contribute monies to the District's Pump Plant Capital Improvement Fund under Section 9 above. However, no Grant Funds used for Capital Expenditures or placed in the Pump Plant Capital Improvement Fund shall be counted towards the District's annual contribution of monies to the Pump Plant Capital Improvement Fund under Section 8.6 above. By way of example, should the District elect, for any given calendar year,to contribute only Grant Funds to the Pump Plant Capital Improvement Fund, the amount of the District's Pump Plant Capital Improvement Fund Contribution for said calendar year shall be deemed to be$0.00. In such event, consistent with Section 8.7 above, neither the County nor the City shall have any obligation to contribute monies to the Pump Plant Capital Improvement Fund for such calendar year. 10.3 Grant Funds for Operating Costs 10.3.1 If the District receives Grant Funds for Operating Costs, the parties shall first determine for which of the following types of Operating Costs the Grant Funds, or any portion of the Grant Funds, are to be used: (i) Ditch, Pond and Canal Operating Costs, (ii)Pump Plant O&M Operating Costs, and/or(iii) Pump Electricity Operating Costs. 10.3.2 If any portion of the Grant Funds is used for Ditch, Pond and Canal Operating Costs, then seventy-two and sixty-four-hundredths percent(72.64%) of that portion of the Grant Funds shall be deducted from the payment obligations of the County and the City for the Increased Hillside Runoff Ditch, Pond and Canal Operating Costs, according to their respective shares of the Increased Hillside Runoff Ditch, Pond and Canal Operating Costs, as calculated in Section 6.1 and Section 7 above. INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg. 12 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019