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have been used, and such parties must agree to perpetually maintain improvements <br />constructed using Program Funds. <br />e. Easements. Improvements constructed with Program Funds shall be subject to a <br />recorded easement requiring a property owner to perpetually maintain those <br />improvements as designed. Additionally, such an easement shall also be in favor of <br />the city allowing access to the improvement for perpetual maintenance in .the event <br />of default by the party responsible for perpetual maintenance. This easement shall <br />be conveyed to the city at no cost. <br />f. Holding The City Harmless. The city's role in this Program is limited to reviewing <br />Program applications and awarding and distributing Program Funds. By accepting <br />Program Funds, each applicant agrees to accept liability and become financially <br />responsible for all aspects of their application and remediation project, and agrees <br />to contractually indemnify and hold the city harmless relative to the Storm Drainage <br />Grant Program. <br />g. City As Program Payor. To ensure compliance, the city shall distribute Program <br />Funds directly to contractors in a manner consistent with the project plans and <br />generally accepted practices. <br />h. Obtaining Bids From Contractors. Applicants are required to solicit bids or <br />estimates for work from private contractors in the same manner as any public entity. <br />Applicants for this cost participation in this Program must solicit a minimum of two <br />bids from contractors. Applicants may use either bid, but the city's cost <br />participation and allowable assessment amount will be based on the lowest <br />responsible bid. <br />i. Contractor Requirements. Contractors performing work under the Program must <br />be licensed and bonded and must provide the city with a copy of their insurance <br />certificate, naming the city as an additional insured. Before final payment is <br />released, each contractor must furnish lien waivers and IC-134 forms in favor of <br />the city and property owner(s). <br />j. Default. Failure to abide by the conditions of the Program or failure to abide by <br />contractual or easement obligations of the Program is a breach causing all Program <br />Funds to be immediately due and payable to the city. <br />k. Program Funds. Funding for this Program shall be paid from Centerville's <br />Stormwater Utility. <br />3 <br />As approved 08/23/2023 <br />