10 - Laserfiche WebLink

3. For calendar year 2008, the PARTICIPATING AGENCIES have entered into a separate agreement for payment of their pro rata share per project of federal advocacy costs. VII. DISTRIBUTION OF FEDERAL FUNDING 1. PARTICIPATING AGENCIES designate BACWA to serve as the legal entity to request amendments to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 for the authorized projects. 2. When a federal appropriation is made, in accordance with the Final Appropriation List, BACWA shall inform the United States Bureau of Reclamation (USER) of the percentage share that each PARTICIPATING AGENCY should receive for its project(s) from the appropriation pursuant to an individual project agreement(s) between the PARTICIPATING AGENCY and USBR. Should the total amount of the federal appropriation be less than the total amount sought for all authorized projects in any given year, each PARTICIPATING AGENCY will receive its percentage share of the lower appropriation, and BACWA shall inform USBR of the percentage shares. 3. BACWA shall have no responsibility and no liability for any PARTICIPATING AGENCY'S performance of its obligations pursuant to its individual project agreement with the United States Bureau of Reclamation. Each PARTICIPATING AGENCY that receives a federal appropriation agrees to hold harmless BACWA from any and all claims, causes of action or liabilities arising from or connected to (1) the PARTICIPATING AGENCY'S acceptance and use of the federal appropriation and /or (2) the project for which the appropriation was received. 4. Neither BACWA nor the PARTICIPATING AGENCIES are required to accept the USBR proposed agreement terms. If USBR requires an agreement with BACWA, the terms of which BACWA cannot agree, BACWA;s obligations under this Agreement shall terminate. If the affected PARTICIPATING AGENCIES do not enter into the USBR agreement, the affected Parties' obligations under this Agreement shall terminate. VIII. DISPUTES The PARTIES agree to follow this dispute resolution procedure: 1. Informal Conferral. If a dispute related to the interpretation, enforcement, or compliance with the terms and provisions of this Agreement arises, the affected agencies will first attempt to resolve it through informal discussions, which will include the persons identified as Agency Contacts in Section IX below for the affected agencies. If such a dispute cannot be resolved in this matter within fifteen (15) business days, the affected agencies will endeavor to settle the dispute through negotiation. 2. Negotiation. Not more than fifteen (15) business days after the conclusion of the informal conferral, the aggrieved agency shall serve on the other affected agencies (a) written notice of the nature and basis of the dispute, including any amount of money claimed, the provisions of the Agreement at issue, and the facts in support of its position; and (b) a copy of all supporting documents. Within ten (10) business days after service of the notice, the responding agencies shall serve on the aggrieved agency (a) a written response setting out their position, including the provisions of the Agreement relied on and the facts in support thereof; and (b) a copy of all supporting documents. Within ten 7/21/2008 Page 5