2004/08/25 Council Agenda Packet

2.5 The District may request funding for the audit, measures identified in the audit 5 report, and other measures provided the District demonstrates to the City's reasonable satisfaction such other measures will result in significant water savings. 2.6 If the District chooses to contract out the proposed work, the District will obtain competitive bids for the proposed work according to the District's standard bidding processes. The bids shall only include work that is eligible for funding under the program. 2.7 If the District chooses not to contract out the work, the District will provide the City with a written estimate of the cost of labor and equipment needed to perform the work. 2.8 A committee of representatives from the City and its wholesale water group (EWUC) will review the bids and, if acceptable, approve the bid for reimbursement as provided herein. The City is not obligated to pay any costs unless and until the bid is approved; if the District contracts for, or proceeds with, the work prior to such approval, such work is at the District's sole risk. 2.9 The City will pay the District up to half of the cost of the audit and any approved work, depending upon the number of applicants and the availability of funds. This includes equipment and labor only. This is a one-time payment; maintenance and consulting fees, operational costs and future capital costs are not included. 2.10 When submitting an invoice for payment,the District will include the following: - Copy of the proposal - Copy of the audit report(if applicable) - Letter to proceed from the City of Everett - Work Order number - If the District hires a contractor do the work, an itemized invoice from the contractor to the School District 2.11 Where possible, the District will provide water consumption data to the City to help verify the water savings. This will include one year of pre-installation data and two years of post installation data. 3. LEGAL RELATIONS,INDEMNIFICATION AND LIABILITY 3.1 This Agreement does not modify or supersede existing laws and statutes. In meeting the commitments encompassed in this Agreement, all parties shall comply with the requirements of federal, state or local law. The District and City retain the ultimate authority for legislative and administrative decisions within their respective jurisdictions. By executing this Agreement, the District and City do not purport to abrogate the decision-making responsibility vested in them by law. i_ 5