County Obligations. 1. This Agreement is contingent upon receipt by County of lottery funds sufficient to fund the Project. The Agreement is effective and funds may be disbursed upon execution of this Agreement and the availability of Program funds as determined by County in its sole discretion. 2. Each disbursement of Grant Funds by County is contingent upon County receiving appropriations, limitations, allotments, or other expenditure authority sufficient to allow County, in the exercise of its reasonable discretion, to make payments under this Agreement. 3. County shall monitor Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Program requirements terms of this Agreement or Recipient’s application and documents provided by Recipient to County prior to the execution of the Agreement. 4. County may impose sanctions against Recipient for failing to comply with the requirements governing the Program. Before imposing sanctions, County will send a notice to cure to Recipient if Recipient fails to comply with Program requirements. County will allow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct noted deficiencies or respond and show substantial steps toward cure; provided however, that in no event shall Recipient have more than 30 days to correct the noted deficiencies and if noted deficiencies have not been fully corrected within 30 days the County may impose sanctions against Recipient. The following circumstances may warrant sanctions: a. Work on the Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on Project has not been maintained for six (6) months; b. Other Program or statutory requirements have not been met; c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient’s application and documents provided to County prior to the execution of the Agreement; d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time; e. Key milestones shown in Project schedule are delayed by more than ninety (90) days without prior County Approval; or f. Failure to submit quarterly progress reports as required in this Agreement. 5. One or more of the following sanctions may be imposed if the circumstances listed above are not remedied within the time specified in the notice to cure: a. Revocation of this grant award; b. Withholding of unexpended funds, if any; c. The return of unexpended funds or repayment of expended funds; d. The barring of Recipient from applying for future assistance; or e. Other remedies that may be incorporated into this Agreement. 6. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 7. County’s Program manager is Xxxxx Xxxxxxx, 000 XX Xxxxx, McMinnville, OR 97128, 503-434- 7320, xxxxxxxx@xxxxxxxxxxxxx.xxx, or assigned designee upon individual’s absence.
Appears in 5 contracts
Samples: Economic Development Grant Agreement, Economic Development Grant Agreement, Economic Development Grant Agreement
County Obligations. 1. This Agreement is contingent upon receipt by County of lottery funds sufficient to fund the Project. The Agreement is effective and funds may be disbursed upon execution of this Agreement and the availability of Program funds as determined by County in its sole discretion.
2. Each disbursement of Grant Funds by County is contingent upon County receiving appropriations, limitations, allotments, or other expenditure authority sufficient to allow County, in the exercise of its reasonable discretion, to make payments under this Agreement.
3. County shall monitor Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Program requirements terms of this Agreement or Recipient’s application and documents provided by Recipient to County prior to the execution of the Agreement.
4. County may impose sanctions against Recipient for failing to comply with the requirements governing the Program. Before imposing sanctions, County will send a notice to cure to Recipient if Recipient fails to comply with Program requirements. County will allow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct noted deficiencies or respond and show substantial steps toward cure; provided however, that in no event shall Recipient have more than 30 days to correct the noted deficiencies and if noted deficiencies have not been fully corrected within 30 days the County may impose sanctions against Recipient. The following circumstances may warrant sanctions:
a. Work on the Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on Project has not been maintained for six (6) months;
b. Other Program or statutory requirements have not been met;
c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient’s application and documents provided to County prior to the execution of the Agreement;
d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time;
e. Key milestones shown in Project schedule are delayed by more than ninety (90) days without prior County Approval; or
f. Failure to submit quarterly progress reports as required in this Agreement.
5. One or more of the following sanctions may be imposed if the circumstances listed above are not remedied within the time specified in the notice to cure:
a. Revocation of this grant award;
b. Withholding of unexpended funds, if any;
c. The return of unexpended funds or repayment of expended funds;
d. The barring of Recipient from applying for future assistance; or
e. Other remedies that may be incorporated into this Agreement.
6. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
7. County’s Program manager is Xxxxx Xxxxxxx, 000 XX Xxxxx, McMinnville, OR 97128, 503000-434- 7320000-0000, xxxxxxxx@xxxxxxxxxxxxx.xxx, or assigned designee upon individual’s absence.
Appears in 1 contract
Samples: Economic Development Grant Agreement
County Obligations. 1. This Agreement is contingent upon receipt by County of lottery funds having Grant Funds sufficient to fund the Project. The Agreement is effective effective, and funds Grant Funds may be disbursed upon execution of this Agreement and the availability of Program funds Grant Funds as determined by County in its sole discretion.
2. Each The disbursement of Grant Funds by County is contingent upon (i) County receiving appropriations, limitations, allotments, allotments or other expenditure authority sufficient to allow County, in the exercise of its reasonable discretion, to make payments disburse Grant Funds under this Agreement, (ii) Recipient is not in default under this Agreement, and (iii) Recipient’s representations and warranties set forth herein are true and correct on the date of disbursement with the same effect as though made on the date of disbursement.
3. County shall monitor Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Program requirements terms of this Agreement or Recipient’s application and documents provided by Recipient to County prior to the execution of the Agreement.
4. County may impose sanctions against Recipient for failing to comply with the requirements governing the Programterms of this Agreement. Before imposing sanctions, County will send a notice to cure to Recipient if Recipient fails to comply with Program requirements. and County will allow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct noted deficiencies or respond and show substantial steps toward cure; provided however, that in no event shall Recipient have more than 30 days to correct the noted deficiencies and if noted deficiencies have not been fully corrected within 30 days the County may impose sanctions against Recipient. The following circumstances may warrant sanctions:
a. Work on the Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on Project has not been maintained for six (6) months;
b. Other Program or statutory requirements have not been met;
c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient’s application and documents provided to County prior to the execution of the Agreement;
d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time;
e. Key milestones shown in Project schedule are delayed by more than ninety (90) days without prior County Approval; or
f. Failure to submit quarterly progress reports as required in this Agreementdeficiencies.
5. One or more of the following sanctions may be imposed if the circumstances listed above noted deficiencies are not remedied within the time specified in the notice to cure:
a. Revocation : (i) revocation of this grant award;
b. Withholding , (ii) withholding of unexpended fundsGrant Funds, if any;
c. The return of unexpended funds or repayment of expended funds;
d. The barring of Recipient from applying for future assistance; or
e. Other remedies that may be incorporated into this Agreement.
6. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
7. County’s Program manager is Xxxxx Xxxxxxx, 000 XX Xxxxx, McMinnville, OR 97128, 503-434- 7320, xxxxxxxx@xxxxxxxxxxxxx.xxx, or assigned designee upon individual’s absence.,
Appears in 1 contract
Samples: Grant Agreement
County Obligations. 1. This Agreement is contingent upon receipt by County of lottery funds having Grant Funds sufficient to fund the Project. The Agreement is effective effective, and funds Grant Funds may be disbursed upon execution of this Agreement and the availability of Program funds Grant Funds as determined by County in its sole discretion.
2. Each The disbursement of Grant Funds by County is contingent upon (i) County receiving appropriations, limitations, allotments, or other allotments orother expenditure authority sufficient to allow County, in the exercise of its reasonable discretion, to make payments disburse Grant Funds under this Agreement, (ii) Recipient is not in default under this Agreement, and (iii) Recipient’s representations and warranties set forth herein are true and correct on the date of disbursement with the same effect as though made on the date of disbursement.
3. County shall monitor Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Program requirements terms of this Agreement or Recipient’s application and documents provided by Recipient to County prior to the execution of the ofthe Agreement.
4. County may impose sanctions against Recipient for failing to comply with the requirements governing the Programterms of this Agreement. Before imposing sanctions, County will send a notice to cure to Recipient if Recipient fails to comply with Program requirements. and County will allow fifteen thirty (1530) days from the date the notice to cure is sent for Recipient to respond and correct noted deficiencies or respond and show substantial steps toward cure; provided however, that in no event shall Recipient have more than 30 45 days to correct the noted deficiencies and if noted deficiencies have not been fully corrected within 30 45 days the County may impose sanctions against Recipient. The following circumstances may warrant sanctions:
a. Work on the Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if continuous progress on Project has not been maintained for six (6) months;
b. Other Program or statutory requirements have not been met;
c. There is a significant deviation from the terms and conditions of this Agreement or representations of Recipient’s application and documents provided to County prior to the execution of the Agreement;
d. Significant corrective actions have been found to be necessary to protect the integrity of the funds for the approved Project, and those corrective actions are not, or will not, be made within a reasonable time;
e. Key milestones shown in Project schedule are delayed by more than ninety (90) days without prior County Approval; or
f. Failure to submit quarterly progress reports as required in this Agreement.
5. One or more of the following sanctions may be imposed if the circumstances listed above noted deficiencies are not remedied within the time specified in the notice to cure:
a. Revocation : (i) revocation of this grant award;
b. Withholding , (ii) withholding of unexpended fundsGrant Funds, if any;
c. The , (iii) return of unexpended funds Grant Funds or repayment of expended funds;
d. The Grant Funds, (iv) the barring of Recipient from applying for future assistance; or
e. Other , or (v) other remedies that may be incorporated into this Agreement.
6. County may withhold from disbursement of Grant Funds due to Recipient, or Recipient must return to County within 30 days of County’s written demand any Grant Funds (i) paid to Recipient that exceed the amount to which Recipient is entitled, (ii)received by Recipient that remain unexpended or contractually committed for payment of the Project at the end of the Project period, (iii) determined by County or the Treasury to be spent for purposes other than allowable Project activities; or (iv) requested by recipient as payment for deficient activities or materials.
7. The remedies set forth in this Agreement are cumulative, are not exclusive, and are in addition to any other rights and remedies andremedies provided by law or under this Agreement.
78. County’s Program program manager is Xxxxx Xxxxxxx, Economic Development Manager, 000 XX XxxxxXxxxx Xxxxxx, McMinnville, OR 97128, 503000-434- 7320000-0000, xxxxxxxx@xxxxxxxxxxxxx.xxxxxxxxxxx@xx.xxxxxxx.xx.xx, or assigned designee upon individual’s absence.
Appears in 1 contract
Samples: Grant Agreement