Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.22 - RULES FOR ADMINISTRATION OF PLANNING GRANTS FOR DRINKING WATER AND WASTEWATER FACILITIES › Section 58.01.22.050 - GRANT OFFER AND ACCEPTANCE

Current through August 31, 2023
01.
Grant
			 Offer
. Grant offers will be delivered by certified mail to applicants
			 who received high priority ranking, were invited to submit an application, and
			 provided a complete application. (3-31-22)
02.
Acceptance of Grant Offer
.
			 Applicants have sixty (60) days in which to officially accept the grant offer
			 on prescribed forms furnished by the State. The sixty (60) day acceptance
			 period commences from the date indicated on the grant offer notice. If the
			 applicant does not accept the grant offer within the sixty (60) day period, the
			 grant funds may be offered to the next project of priority. (3-31-22)
03.
Acceptance Executed as a Contract
			 Agreement
. Upon signature by the Director or the Director's designee as
			 the grantor, and upon signature by the authorized representative of the
			 qualifying entity, as the grant recipient, the grant offer will become a grant
			 contract agreement. The disbursement of funds pursuant to an agreement is
			 subject to a finding by the Director that the grant recipient has complied with
			 all agreement conditions and has prudently managed the project. The Director
			 may, as a condition of payment, require that a grant recipient vigorously
			 pursue any claims it has against third parties who will be paid in whole or in
			 part, directly or indirectly, with grant funds or transfer its claim against
			 such third parties to the Department. Grant contract agreements shall be
			 interpreted according to the law of grants in aid. No third party shall acquire
			 any rights against the State or its employees from a grant contract agreement.
			 (3-31-22)
04.
Estimate of
			 Reasonable Cost
. Each grant project contract will include the eligible
			 cost of conducting the planning study. Some eligible costs may be estimated and
			 payments may be increased or decreased as provided in Section
			 060. (3-31-22)
05.
Terms of Agreement
. The
			 grant offer shall contain terms of agreement as prescribed by the Department
			 including, but not limited to special conditions as determined necessary by the
			 Department for the successful planning of the project. (3-31-22)
a. Terms consistent with these rules and
			 consistent with the scope of the grant project; and (3-31-22)
b. Special clauses as determined necessary by
			 the Department for the successful investigation and management of the project;
			 and (3-31-22)
c. Terms consistent
			 with applicable state pertaining to planning documents; and (3-31-22)
d. Requirement for the prime engineering
			 firm(s) retained for engineering services to carry professional liability
			 insurance to protect the public from the engineer's negligent acts and errors
			 of omission of a professional nature. The total aggregate of the engineer's
			 professional liability shall be one hundred thousand dollars ($100,000) or
			 twice the amount of the engineer's fee, whichever is greater. Professional
			 liability insurance must cover all such services rendered for all project
			 steps, whether or not such services or steps are state funded, until the
			 certification of project performance is accepted by the Department.
			 (3-31-22)