NAC349.549. Administrative fee; funding agreement.

     1. The recipient of a grant under the program shall pay to the Division of Environmental Protection of the Department an administrative fee of $1,000. The money must be used for the purposes set forth in subsection 4 of NRS 349.982.

     2. The recipient of a grant under the program and the Director shall, if all conditions of the grant have been met, execute a funding agreement that complies with the requirements of this section.

     3. The funding agreement must:

     (a) Be for a term of not more than 5 years.

     (b) Set forth the maximum amount disbursable pursuant to the grant, the percentage of eligible costs that will be paid and the amount of the minimum contribution to be paid by the recipient.

     (c) Distinguish costs that are eligible and ineligible for payment pursuant to the grant, and set forth formulas for sharing the cost of components of the improvement that are partially eligible for payment pursuant to the grant.

     (d) Describe procedures for the disbursement of the grant.

     (e) Set forth any state requirements regarding:

          (1) Compliance with the laws of this State;

          (2) Access by the State to any accounts and books of the recipient that relate to the improvement;

          (3) Access to the site of the improvement for inspection by state personnel;

          (4) Indemnification of the State;

          (5) The acknowledgment of the amount contributed by the State pursuant to the grant;

          (6) The submission of financial reports and reports concerning the progress of the improvement;

          (7) The maintenance of records;

          (8) The provision of addresses for notification and other communication;

          (9) The approval of plans and specifications;

          (10) The submission of proof of the receipt of any required permits;

          (11) The notification of the State concerning any difficulties in the construction or funding of the improvement that could adversely affect the improvement;

          (12) The notification of the State concerning any claims made against the recipient of the grant, the engineer or contractor for the improvement, or any other person associated with the improvement; and

          (13) The submission, review and approval of contract change orders.

     (f) Set forth provisions concerning:

          (1) Requirements for the methods of procurement and applicability of the provisions of chapter 332 of NRS;

          (2) Any default or termination;

          (3) The rights of the State if the agreement is terminated;

          (4) The right of the State to commence legal proceedings;

          (5) The right of the State to require audits at the expense of the recipient;

          (6) The amendment of the agreement;

          (7) Requirements for notification of the parties to the agreement; and

          (8) The release of any liability arising from a default.

     (g) Set forth any other contractual provisions relevant to the grant or improvement.

     (Added to NAC by Bd. for Financing Water Projects by R113-96, eff. 1-23-98; A by R104-04, 9-18-2006)