2010-010 DEAPR - NC Dept of Ag & Consumer Services - Breeze Farm

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[ ] In-kind [ ]Cash [ ]Cash and In-kind [ X ] Cash and/or In-kind The total contract amount is $195;000. 6. Conflict of Interest Policy: The Agency has determined that the Grantee is a governmental entity and is; therefore, ,not subject to N.C.G.S. 143C- 6-23(c). 7. 7. Statement of No Overdue Tax Debts: The Agency has determined that the Grantee is a governmental entity and is; therefore, not subject to N.C.G.S. 143C- 6-23(c). 8. Reversion of Unexpended Funds: Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 9. Reporting Requirements: The Agency has determined that the Grantee reports to the Local Government Commission and is; therefore, not subject to the reporting requirements mandated by N.C.G.S. 143C-6-23. 10. Payment Provisions: The Agency shall make no more than three installment payments to the Grantee. In accordance with Paragraph 4, Line c, the Agency shall pay to the Grantee no more than $25,000 upon final execution of this Contract. Thereafter, all "Request for Payment" forms shall be supported by appropriate invoices, or other types of billing documents as may be required by the Agency. In order to receive remaining funds, the Grantee may select one of the options described below: a. The Grantee may request from the Agency all remaining funds less 20% of the awarded grant amount (refer to Paragraph 4, Line e) upon the Grantee's submission of a properly recorded and fully executed Conservation Easement. At a later date, but prior to the expiration date of the contract, the Grantee may request the final payment, which is the remaining 20% of the awarded grant amount, upon the Grantee's submission of a final grant report and a completed "Request for Payment" form. This final payment shall be contingent upon the final report being deemed compliant with the Agency's reporting specifications and the Grantee's approved budget, as well as all supporting documentation being determined to be sufficient evidence of expenditures for which final payment is being requested. Final payment shall not be made until all supporting documents for all expenditures and match requirements, covering the entire contract period, have been deemed satisfactory by the Contract Administrator. b. The Grantee may request from the Agency all remaining funds upon the Grantee's submission of a properly recorded and fully executed Conservation Easement and of a final grant report and a completed "Request for Payment" form. This final payment shall be contingent upon the final report being deemed compliant with the Agency's reporting specifications and the Grantee's approved budget, as well as all support documentation being determined to be sufficient evidence of expenditures for which final payment is being requested. Final payment shall not be made until all supporting documents for all expenditures and match requirements, covering the entire contract period, have been deemed satisfactory by the Contract Administrator. Upon expiration of the contract, the Grantee shall have 60 days from the expiration date to pay out any encumbrances made in accordance with its approved budget. Should the Grantee have unspent funds remaining at the end of the 60-day period, these unspent funds shall be immediately returned to the Agency and in no event later than 5 business days after the end of the 60-day period of time. Under no circumstances shall the Grantee encumber or expend funds provided under this contract after the contract expiration date. If this Contract is terminated prior to the original end date, all unexpended funds shall be.returned by the Grantee to the Agency within 60 days of the contract termination date. The Grantee shall also provide the Agency with a final report, in a format provided by the Agency, ,within 60 days of the contract termination date. If the Contract Administrator, based on the Grantee's final report, determines that final expenditures have been made that are not in MSBNCD Form 0009A Grant Cover Sheet Eff. 9/2005 Revised 5/06, 7/07, 7/10 CE Revised 02/09 Page 3 of 5