Commonwealth Obligations and Responsibilities Clause Samples
Commonwealth Obligations and Responsibilities. Without limiting the generality or effect of any other provision of this Agreement:
(a) As provided in Section 35VV(c) of the Enabling Act, the Secretary hereby determines that the Outcome Payments that the Commonwealth is obligated to pay under this Agreement are a general obligation of the Commonwealth for which its full faith and credit are pledged. The maximum amount of Outcome Payments from the PFS Fund that can be made pursuant to this Agreement with the benefit of such pledge is $1,500,000, subject to the provisions of this Agreement.
(b) The Secretary hereby represents that this Agreement meets the criteria under the Enabling Act, specifically:
(i) A substantial portion of the Outcome Payments under this Agreement is contingent on the achievement of the specific outcomes based on defined performance targets as set forth in the PFS Agreement;
(ii) As set forth in the PFS Agreement, an independent evaluator will confirm that the Outcomes have been met via an objective review process;
(iii) The PFS Agreement provides for the timing and calculation of the amount of Outcome Payments that would be earned during each fiscal year of this Agreement if the Outcomes are met;
(iv) As set forth in Section 4.2(c) hereof, this Agreement provides for a sinking fund requirement under which the Secretary will request an appropriation in the manner and amount stated in said section; and
(v) The Secretary hereby determines that this Agreement and the PFS Agreement will result in significant performance improvements and budgetary savings for the Commonwealth across all impacted agencies if the Outcomes are achieved.
(c) The Secretary shall request an appropriation for each fiscal year during the Term in an amount equal to the expected Outcome Payments that the Commonwealth will ultimately be obligated to pay in the future based upon the service provided during such fiscal year if the Outcomes are achieved. Such amounts upon appropriation shall be deposited to the PFS Fund maintained by the Secretary.
(d) The Secretary will keep Veterans CARE Managing Member reasonably informed of the status of any relevant budget, legislative or other Commonwealth action related to appropriations, or authorization of this Agreement and Pay for Success projects generally and maintain the PFS Fund until this Agreement has expired or been terminated in its entirety; and
(e) The Commonwealth acknowledges that PAVE has no obligation to furnish to it any information regarding the identity of...
