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• <br /> Grant No.G1000088 <br /> Independent Cleanup Action <br /> Agreement with City of Everett <br /> 2. Budget deviation. Deviations in budget amounts are not allowed without written <br /> amendment(s) to this agreement. Payment requests will be disallowed when the <br /> RECIPIENT'S request for reimbursement exceeds the State maximum share <br /> amount for that element, as described in the Scope of Work. <br /> 3. Period of Compensation. Payments shall only be made for action of the <br /> RECIPIENT pursuant to the grant/loan agreement and performed after the <br /> effective date and prior to the expiration date of this agreement, unless those dates <br /> are specifically modified in writing as provided herein. <br /> 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for <br /> compensation within forty-five(45) days after the expiration date of this <br /> agreement and within fifteen(15) days after the end of a fiscal biennium. Failure <br /> to comply may result in delayed reimbursement. <br /> 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to <br /> exceed ten percent (10%) of each reimbursement payment as security for the <br /> RECIPIENT'S performance and a financial bond. Monies withheld by the <br /> DEPARTMENT may be paid to the RECIPIENT when the project(s) described <br /> herein, or a portion thereof, have been completed if, in the DEPARTMENT'S sole <br /> discretion, such payment is reasonable and approved according to this agreement <br /> and, as appropriate, upon completion of an audit as specified under section J.6. <br /> herein. <br /> 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to <br /> final audit by the DEPARTMENT and any unauthorized expenditure(s)charged <br /> to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. <br /> 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the <br /> RECIPIENT or other public entities, it shall not exceed the amount allowed under <br /> state law for state employees. <br /> 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless <br /> provided for in the Scope of Work hereunder. <br /> K. TERMINATION <br /> 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is <br /> contingent upon satisfactory performance by the RECIPIENT of all of its <br /> obligations under this agreement. In the event the RECIPIENT unjustifiably fails, <br /> in the opinion of the DEPARTMENT, to perform any obligation required of it by <br /> this agreement, the DEPARTMENT may refuse to pay any further funds <br /> thereunder and/or terminate this agreement by giving written notice of <br /> termination. <br /> A written notice of termination shall be given at least five working days prior to <br /> the effective date of termination. In that event, all finished or unfinished <br /> documents, data studies, surveys, drawings, maps,models,photographs, and <br /> reports or other materials prepared by the RECIPIENT under this agreement, at <br /> Pagef 14 <br />