Agenda - 01-22-2009 - 4p - Laserfiche WebLink

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4 Project in accordance with the provisions of Se!ion I l above,including but not limited to loss of other funding.In the evert of any such sig scant change,the Commission reserves the right to terminate this Aareeanent. Section IV.Panting. A. The Commission gram to the Grantee an ammmt not to exceed$479,000 for the Project to he disbursed as them-ibis'in motion V below. B. The Grantee represents and warrants that all sums as may be awarded ander this grant shall be utilized exclusively for the purpose of the Project. C. ru the event the Grantee or,i[`applicable,any of its Subgrantees breaches any of the material iems or conditions of this Agreement,the Grantee ngrea5In repay to the Commission the full amount of sums awarded under this Amnorncart and any interest that has accauud on that sum. Section V.Method of Payment. A. The Corm-mission shall disburse the sum of up to$479,000 in installments reimbursing the Grantee for amounts spent on or encumbered for the Project. Me Grh n=shall request payments by submitting a Financial Request Form(Exhibit C)to the Commission no more frequently than monthly. The Financial Request Form shall certify that the Grantee has perlimned the work required under the Scope of Services and shall include documentation of the amounts for which the Grantee requests reimbursement.'llie Commission shall disburse a check as soon after receivbtg the roqucst for funds as possible. The Grantee must show in the Commission's satisfaction how this payment has been used in accomplish the terms of the Agreement before any further funding will be disbursed pursuant to this Agreement. B. The Commission shad withhold 5!0 of tlhe total funding or $23,950 to be disbursed upon the satisfactory conclusion of the Project wlukh eonclusion shall inclade a Final Report as described in Section VILE below. I the Gratuoe has unspent cost reimbursement funds remaining at the end of the Project,the Commission may at its election subtract this • amount iroru the final payment due to the Grantee. • C. If the Grantee or,if applicable,the Grantee and its Subgrantees,cannot show in the satisfaction of the Commission that it has or they have spent grant monies to accomplish the teams of the Agrcomnent,the Commission may decline to disburse money until such a showing is made. Section Yt.]ndeeendcnt Sterns of the Peres, A. The Parties are independent entities and neither this Ageementt nor any provision of it shall be deemed to create a patanership or joint venture between the Commis:lion and the Grantee. R. The Grantee shall net represent k reIfas an agent of the Commission nor is the A_irocment intended to be construed so as to make the Grantee an;Aunt nh'the Commission. The Grantee shall not have the ability to bind the Commission to any agreement for payment of goods or services,nor shall it represent to any person or entity that it has such ability. 2 BOCC Meeting, January 22, 2009, Page 4 /39