5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed

Home Browse Search

Page 7 of 21 A.Statutory Uses. (1)To respond to the COVID-19 public health emergency or its negative economic impacts; (2)To respond to workers performing essential work during the COVID-19 public health emergency by providing grants to eligible employers that have eligible workers who performed essential work; (3)For the provision of government services, to the extent the reduction in revenue of such recipient due to the COVID-19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and/or (4)To make necessary investments in water, sewer or broadband infrastructure. B.Administrative Uses. Administrative Uses shall include but are not limited to project support costs, grant management, grant compliance, office personnel, legal fees subject to the limitations of 2 CFR §§ 200.435 and 200.441, accounting fees, audit fees and all other administrative costs not specifically prohibited by the IEDC Agreement. Grantee shall use Project Funds in compliance with the Eligible Costs, as further detailed in Schedule 2 attached hereto. Grantee shall promptly notify the RDA of any known or suspected failure to use the Project Funds in accordance with this Agreement. Upon such notification, the RDA and Grantee shall work together to resolve the concerns. In the event that the RDA determines that there has been a failure to use Project Funds in accordance with this Agreement and such failure cannot be immediately resolved, the RDA may: (i) notify Grantee to return all Project Funds transferred to it by the RDA and may use any and all legal remedies to collect the same if Grantee is noncompliant with such request or (ii) take any other action permitted by this Agreement or otherwise permitted by law to recover the Project Funds not used in accordance with this Agreement. If Grantee fails to comply with applicable laws, rules, regulations, terms and conditions of this Agreement, the RDA may, in its sole discretion, suspend or terminate this Agreement as set forth herein. 9.PROJECT CONSTRUCTION. The Grantee shall, through itself, contractors, or vendors, furnish all labor, supervision, materials, temporary structures, scaffolding, equipment, tools, and appliances of any sort which are necessary to complete the Project. All construction equipment shall be of adequate size and capacity to safely and efficiently handle the work for which it is used. 10.COMPLIANCE WITH LAWS. A.Grantee shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions, including but not limited to federal laws and guidance of the American Rescue Plan Act of 2021 (“ARPA”), U.S. Treasury guidance and policies, Office of Management and Budget (“OMB”) and/or State Board of Accounts (“SBA”) policies and procedures for reporting, SBA guidance on administration and