R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARRA, Contract No. 4021 Department) and any vouchers, invoices, or other documentation, satisfactory to the Department to substantiate these costs; 3. where local funds are required, demonstrate or certify that the Grantee has supplied local funds adequate, when combined with the state and federal payments, to cover all costs to be incurred through the end of the requisition period; 4. have submitted all financial and progress reports currently required by the Department; and 5. have received approval by the Department for all budget revisions required to cover all costs to be incurred through the end of the requisition period. B. Pavment by the Department-Only costs incurred in accordance with the terms and conditions of this Agreement shall be reimbursable. Upon receipt of the requisition form and the accompanying information, in form satisfactory to the Department, the Department will process the requisition, provided that the Grantee is not in violation of any of the terms of this Agreement, has satisfied the Department of its need for the funds requested during the requisition period, and is making progress, satisfactory to the Department, towards the timely completion of the Project. If all of these circumstances are found to exist, the Department will reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the Grantee, from time to time, but not in excess of the maximum amount of the Grant therefore as shown in the Approved Project Budget. Requisitions may not be submitted more frequently than monthly. Reimbursement of any cost pursuant to this Agreement shall not constitute a final determination by the Department of the allowability of such cost, and such payment shall not constitute a waiver of any violation of the terms of this Agreement committed by the Grantee. The Department will make a final determination as to allowability of any payments made to the Grantee only after a final audit of the Project has been concluded. In the event the Department determines that the Grantee is not currently eligible to receive any or ', all of the funds requested, it shall promptly notify the Grantee stating the reasons for such � determination. ' C. Disallowed Costs- In determining the amount of the Grant, the Department will exclude: (i) all �' Project costs incurred by the Grantee prior to the date of this Agreement, or other date specifically established by the Department, whichever is earlier; (ii) costs incurred by the Grantee which are not provided for in the latest Approved Project Budget; and (iii)except as otherwise provided in Department guidelines, costs attributable to goods or services received under a contract or other arrangement which has not been concurred in or approved in writing by the Department. Costs of construction performed by employees of the Grantee will also be disallowed as eligible Project costs unless the use of such employees is specifically approved in advance by the Department. D. Excluded Costs— Upon notification to the Grantee that specific amounts are owed to the Government, whether for federal claims or state claims for funds recovered from a third party or elsewhere, for excess payments, or for disallowed costs, the Grantee agrees to remit to the Government promptly the amount owed, including any interest due. The Grantee agrees that the amount of interest due depends on whether or not the principal portion of the dept is treated as a Government claim or is treated as a debt owed to the Government. Thus, the Grantee agrees to remit interest to the Government in accordance with the following: 1. For claims pursuant to the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 et seq., the Grantee agrees that the interest will be calculated in accordance with the State/Federal Capital Grant Page 17