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

Browse Search

Project in accordance with the provisions of Section II above, including but not limited to loss of other funding. In the event of any such significant change,the Commission reserves the right to terminate this Agreement. Section IV.Funding. A. The Commission grants to the Grantee an amount not to exceed$479,000 for the Project to be disbursed as described in Section V below. B. The Grantee represents and warrants that all sums as may be awarded under this grant shall be utilized exclusively for the purpose of the Project. C. In the event the Grantee or, if applicable, any of its Subgrantees breaches any of the material terms or conditions of this Agreement,the Grantee agrees to repay to the Commission the full amount of sums awarded under this Agreement and any interest that has accrued on that sum. Section V.Method of Payment. A. The Commission shall disburse the sum of up to $479,000 in installments reimbursing the Grantee for amounts spent on or encumbered for the Project. The Grantee 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 performed the work required under the Scope of Services and shall include documentation of the amounts for which the Grantee requests reimbursement. The Commission shall disburse a check as soon after receiving the request for funds as possible. The Grantee must show to the Commission's satisfaction how this payment has been used to accomplish the terms of the Agreement before any further funding will be disbursed pursuant to this Agreement. B. The Commission shall withhold 5%of the total funding or$23,950 to be disbursed upon the satisfactory conclusion of the Project which conclusion shall include a Final Report as described in Section VILE below. If the Grantee has unspent cost reimbursement funds remaining at the end of the Project,the Commission may at its election subtract this amount from the final payment due to the Grantee. C. If the Grantee or, if applicable,the Grantee and its Subgrantees, cannot show to the satisfaction of the Commission that it has or they have spent grant monies to accomplish the terms of the Agreement,the Commission may decline to disburse money until such a showing is made. Section VI.Independent Status of the Parties. A. The Parties are independent entities and neither this Agreement nor any provision of it shall be deemed to create a partnership or joint venture between the Commission and the Grantee. B. The Grantee shall not represent itself as an agent of the Commission nor is the Agreement intended to be construed so as to make the Grantee an agent of 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