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6. LOCAL AGENCY shall certify compliance or documentation of Categorical <br />Exemption determination with the applicable provisions of the California Environmental <br />Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, <br />Guidelines for Implementation of the California Environmental Quality Act. <br />ARTICLE IV - Maintenance and Management <br />1. LOCAL AGENCY will maintain and operate the property acquired, developed, <br />constructed, rehabilitated, or restored by PROJECT for its intended public use until such <br />time as the parties might amend this AGREEMENT to otherwise provide. With the <br />approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT <br />property may transfer this obligation and responsibility to maintain and operate <br />PROJECT property for that intended public purpose to another public entity. <br />2. Upon LOCAL AGENCY acceptance of the completed construction contract, or <br />upon the contractor(s) being relieved of the responsibility for maintaining and protecting <br />PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, <br />liability, and expense thereof for PROJECT in a manner satisfactory to the authorized <br />representative of STATE, and if PROJECT falls within the jurisdictional limits of another <br />Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate <br />maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies <br />providing for the operation, maintenance, ownership and liability of PROJECT. Until <br />those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT <br />operations, maintenance, ownership and liability in a manner satisfactory to the <br />authorized representative of the STATE. <br />3. PROJECT and its facilities shall be maintained by an adequate and well-trained <br />staff of engineers and/or such other professionals and technicians, as PROJECT <br />reasonably requires. Said operations and maintenance staff may be employees of <br />LOCAL AGENCY, another unit of government, or contractor under agreement with <br />LOCAL AGENCY. All maintenance will be performed at regular intervals or as required <br />for efficient operation of the completed PROJECT improvements. <br />ARTICLE V - Fiscal Provisions <br />1. STATE'S financial commitment of STATE FUNDS will occur only upon the <br />execution of this AGREEMENT. <br />2. STATE shall have the right to terminate this AGREEMENT if a contract for <br />construction of PROJECT has not been awarded by LOCAL AGENCY within the first <br />fiscal year in which STATE FUNDS are allocated. <br />3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs <br />have not been invoiced by LOCAL AGENCY within the first fiscal year in which <br />STATE FUNDS are allocated, and as a minimum, to submit invoices at least once <br />every six (6) months thereafter. <br />BTA1 112-12-ORA-10 5