2009/01/07 Council Agenda Packet

• 7. Duties of the City. The City shall reimburse the Contractor for costs incurred during the contract period in an amount not to exceed $15,588.00, and in accordance with the reimbursement provisions below. 8. Reimbursement Provisions. 8.1 Funds will be disbursed on a reimbursement basis to the Contractor for the costs incurred for work performed during the reporting period. 8.2 In order to obtain reimbursement, the Contractor shall submit a monthly invoice on a form to be provided by the City, which identifies the costs incurred for work performed since the previous invoice was submitted. The invoice is due on or before the 10th day of the month following the month during which the services were performed under this Agreement. 8.3 Expenditures of match funds must be identified on the invoice voucher form provided by the City. 8.4 The final invoice covering costs incurred for work performed on or before September 30, 2009, must be submitted by the Contractor prior to October 15, 2009, to allow the City sufficient time for processing and submission to DCTED. Payment of the final invoice shall be contingent upon the City's and DCTED's receipt and approval of a final progress report. 8.5 The City may withhold reimbursement payment if the Contractor does not submit required reports to the City. Upon the Contractor's submittal of required reports, the City shall make payment to the Contractor as provided in this Agreement. Failure of the Contractor to submit reports as specified is grounds for the City to terminate this Agreement. 9. Recapture Provisions. In the event that the Contractor does not expend funds under this Agreement in accordance with the provisions of this Agreement, the City reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six years after the relevant one-year term of this Agreement. 10. Maintenance of Records. Contractor shall follow accounting procedures and shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct, indirect costs of any nature expended in the performance of the services provided herein. These records shall be subject to inspection, review or audit by personnel of the City, DCTED, other personnel duly authorized by the City or DCTED, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any person(s) duly authorized by any of them shall have full access to and the right to examine any of these materials during this period . AGREEMENT RE FY08 STOP GRANT Page 7 of 9