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55401.00000\43832934.1 <br /> <br />Page 5 of 14 <br /> <br />City. In addition to the direct costs to MWDOC, reasonable staff time and overhead attributable to <br />the verification/inspection services may be invoiced to the City. <br />1.6.3 Notwithstanding any other provision in this Agreement, City understands <br />and agrees that if City utilizes MWDOC's verification/inspection vendor that MWDOC is in no <br />way liable or responsible for the acts or omissions of such vendor and makes no representations <br />or warranties regarding the quality of such vendor's work. City's sole recourse as to any action, <br />claims, or damages arising out of the acts or omissions of MWDOC's verification/inspection <br />vendor is with the vendor and not with MWDOC. <br />1.6.4 MWDOC reserves the right to conduct installation verification/inspection <br />of items and devices within the City's service area that are installed in connection with a WUE <br />Program covered by this Agreement. <br />1.6.5 In connection with any WUE Program covered by this Agreement, the City <br />acknowledges that any item or device receiving funding from Metropolitan may be subject to an <br />installation verification/inspection to be performed by Metropolitan, or its agent(s), at <br />Metropolitan's discretion. <br />1.6.6 The City shall promptly refund to MWDOC any amounts paid under any <br />WUE Program for installed or distributed items or devices, including any grant funds, in the event <br />MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the <br />program items or devices were not installed in compliance with the requirements set forth in the <br />Inspection and Verification Procedures and this Agreement. If the inspection/installation <br />verification is conducted prior to the payment/rebate being issued to the customer, the customer <br />may, at the discretion of MWDOC and/or MET, be offered an opportunity to remedy any <br />installation deficiencies in order to receive the maximum eligible rebate. Installation deficiencies <br />discovered post-payment will be addressed on a case-by-case basis and may require the <br />reimbursement of any payment/rebate previously issued. <br />1.6.7 For this section 1.6, "items" and "devices" include, but are not limited to, <br />plumbing fixtures, irrigation devices, turf (removal and replacement), and any other items, devices <br />or materials that are installed in connection with a WUE Program covered by this Agreement. <br />1.6.8 At the time this Agreement is made, both the Turf Removal Program and <br />the Spray to Drip Rebate Program require inspection services from the City. <br />1.7 Program With Matching Contribution Requirement <br />1.7.1 From time to time, WUE Programs may be developed that require a <br />matching contribution from the City in order for the City to participate in such WUE Programs. <br />1.7.2 The amount of local match funding required for a particular device or <br />program will be determined by the availability of other funding, and the City's share of the local <br />match funding will be set forth in the WUE Program Notice or Amended WUE Program Notice. <br />1.8 WUE Program Cost Allocation and Invoicing <br />"!#  <br />       <br />