Common use of Disbursement of Financial Assistance Clause in Contracts

Disbursement of Financial Assistance. (a) Under this FAA, Financial Assistance shall be drawn in the order specified in Section 3.01(d) of this document. (b) Each disbursement request shall be delivered to DNR. Each request must contain invoices or other evidence acceptable to DNR and DOA that Project Costs for which disbursement of Financial Assistance is requested have been incurred by the Municipality. (c) The CWFP, through its agents or Trustee, plans to make disbursements of Financial Assistance on a semimonthly basis upon approval of each disbursement request by DNR and DOA. Such approval by DNR and DOA may require adjustment and corrections to the disbursement request submitted by the Municipality. The Municipality shall be notified whenever such an adjustment or correction is made by DNR or DOA. (d) Disbursements made to the Municipality are subject to pre- and post-payment adjustments by DNR or DOA. (1) If the Financial Assistance is not yet fully disbursed, and CWFP funds were previously disbursed for costs not eligible for CWFP funding or not eligible under this FAA, the CWFP shall make necessary adjustments to future disbursements. (2) If the Financial Assistance is fully disbursed, including disbursements for any costs not eligible for CWFP funding or not eligible under this FAA, the Municipality agrees to repay to the CWFP an amount equal to the non-eligible costs within 60 days of notification by DNR or DOA. The CWFP shall then apply the amount it receives as a Loan prepayment or as a recovery of a Loan disbursement with Principal Forgiveness (if there is no outstanding Loan principal balance available to which the recovery may be applied). (e) The CWFP or its agent shall disburse Financial Assistance only to the Municipality's account by electronic transfer of funds. The Municipality hereby covenants that it shall take actions and provide information necessary to facilitate these transfers. (f) Disbursement beyond ninety-five percent (95%) of the Financial Assistance, unless otherwise agreed to by DNR and DOA pursuant to a written request from the Municipality, may be withheld until: (1) DNR is satisfied that the Project has been completed in accordance with the Plans and Specifications, DNR has approved all change orders relating to the Project, and DNR has determined that the Project is in compliance with the Municipality's WPDES Permit; (2) the Municipality certifies to DNR its acceptance of the Project from its contractors; (3) the Municipality certifies in writing to DNR its compliance with applicable federal requirements (certification must be as prescribed on Exhibit C); and (4) DNR certifies in writing to DOA the Municipality’s compliance with all applicable requirements of this FAA. (g) Treas. Regs. 26 CFR § 1.148-6(d)(1)

Disbursement of Financial Assistance. (a) Under this FAA, Financial Assistance shall be drawn in the order specified in Section 3.01(d) of this document. (b) Each disbursement request shall be delivered to DNR. Each request must contain invoices or other evidence acceptable to DNR and DOA that Project Costs for which disbursement of Financial Assistance is requested have been incurred by the Municipality. (c) The CWFP, through its agents or Trustee, plans to make disbursements of Financial Assistance on a semimonthly basis upon approval of each disbursement request by DNR and DOA. Such approval by DNR and DOA may require adjustment and corrections to the disbursement request submitted by the Municipality. The Municipality shall be notified whenever such an adjustment or correction is made by DNR or DOA. (d) Disbursements made to the Municipality are subject to pre- and post-payment adjustments by DNR or DOA. (1) If the Financial Assistance is not yet fully disbursed, and CWFP funds were previously disbursed for costs not eligible for CWFP funding or not eligible under this FAA, the CWFP shall make necessary adjustments to future disbursements. (2) If the Financial Assistance is fully disbursed, including disbursements for any costs not eligible for CWFP funding or not eligible under this FAA, the Municipality agrees to repay to the CWFP an amount equal to the non-eligible costs within 60 days of notification by DNR or DOA. The CWFP shall then apply the amount it receives as a Loan prepayment or as a recovery of a Loan disbursement with Principal Forgiveness (if there is no outstanding Loan principal balance available to which the recovery may be applied). (e) The CWFP or its agent shall disburse Financial Assistance only to the Municipality's account by electronic transfer of funds. The Municipality hereby covenants that it shall take actions and provide information necessary to facilitate these transfers. (f) Disbursement beyond ninety-five percent (95%) of the Financial Assistance, unless otherwise agreed to by DNR and DOA pursuant to a written request from the Municipality, may be withheld until: (1) DNR is satisfied that the Project has been completed in accordance with the Plans and Specifications, DNR has approved all change orders relating to the Project, and DNR has determined that the Project is in compliance with the Municipality's WPDES Permit; (2) the Municipality certifies to DNR its acceptance of the Project from its contractors; (3) the Municipality certifies in writing to DNR its compliance with applicable federal requirements (certification must be as prescribed on Exhibit CG); and (4) DNR certifies in writing to DOA the Municipality’s compliance with all applicable requirements of this FAA. (g) Treas. Regs. 26 CFR § 1.148-6(d)(1)

Disbursement of Financial Assistance. (a) Under this FAA, Financial Assistance shall be drawn in the order specified in Section 3.01(d) of this document. (b) Each disbursement request shall be delivered to DNR. Each request must contain invoices or other evidence acceptable to DNR and DOA that Project Costs for which disbursement of Financial Assistance is requested have been incurred by the Municipality. (c) The CWFPSDWLP, through its agents or Trustee, plans to make disbursements of Financial Assistance on a semimonthly basis upon approval of each disbursement request by DNR and DOA. Such approval by DNR and DOA may require adjustment and corrections to the disbursement request submitted by the Municipality. The Municipality shall be notified whenever such an adjustment or correction is made by DNR or DOA. (d) Disbursements made to the Municipality are subject to pre- and post-payment adjustments by DNR or DOA. (1) If the Financial Assistance is not yet fully disbursed, and CWFP SDWLP funds were previously disbursed for costs not eligible for CWFP SDWLP funding or not eligible under this FAA, the CWFP SDWLP shall make necessary adjustments to future disbursements. (2) If the Financial Assistance is fully disbursed, including disbursements for any costs not eligible for CWFP SDWLP funding or not eligible under this FAA, the Municipality agrees to repay to the CWFP SDWLP an amount equal to the non-eligible costs within 60 days of notification by DNR or DOA. The CWFP SDWLP shall then apply the amount it receives as a Loan prepayment or as a recovery of a Loan disbursement with Principal Forgiveness (if there is no outstanding Loan principal balance available to which the recovery may be applied). (e) The CWFP SDWLP or its agent shall disburse Financial Assistance only to the Municipality's account by electronic transfer of funds. The Municipality hereby covenants that it shall take actions and provide information necessary to facilitate these transfers. (f) Disbursement beyond ninety-five percent (95%) of the Financial Assistance, unless otherwise agreed to by DNR and DOA pursuant to a written request from the Municipality, may be withheld until: (1) DNR is satisfied that the Project has been completed in accordance with the Plans and Specifications, and DNR has approved all change orders relating to the Project, and DNR has determined that the Project is in compliance with the Municipality's WPDES Permit; (2) the Municipality certifies to DNR its acceptance of the Project from its contractors; (3) the Municipality certifies in writing to DNR its compliance with applicable federal Federal requirements (certification must be as prescribed on Exhibit CG); (4) the Municipality furnishes reports and provides data and such other information as SDWLP may require prior to Project closeout; and (45) DNR certifies in writing to DOA the Municipality’s compliance with all applicable requirements of this FAA. (g) Treas. Regs. 26 CFR § 1.148-6(d)(1) (iii) applies to project expenditures; it states, in part, “An issuer must account for the allocation of proceeds to expenditures not later than 18 months after the later of the date the expenditure is paid or the date the project, if any, that is financed by the issue is placed in service”.

Disbursement of Financial Assistance. (a) Under this FAA, Financial Assistance shall be drawn in the order specified in Section 3.01(d) of 3.01(d)of this document. (b) Each disbursement request shall be delivered to DNR. Each request must contain invoices or other evidence acceptable to DNR and DOA that Project Costs for which disbursement of Financial Assistance is requested have been incurred by the Municipality. (c) The CWFPSDWLP, through its agents or Trustee, plans to make disbursements of Financial Assistance on a semimonthly basis basis, upon approval of each disbursement request by DNR and DOA. Such approval by DNR and DOA may require adjustment and corrections to the disbursement request submitted by the Municipality. The Municipality shall be notified whenever such an adjustment or correction is made by DNR or DOA. (d) Disbursements made to the Municipality are subject to pre- and post-payment adjustments by DNR or DOA. (1) If the Financial Assistance is not yet fully disbursed, and CWFP SDWLP funds were previously disbursed for costs not non-eligible for CWFP funding or not eligible under this FAASDWLP funded Project Costs, the CWFP SDWLP shall make necessary adjustments to future disbursements. (2) If the Financial Assistance is fully disbursed, including disbursements for any costs not non- eligible for CWFP funding or not eligible under this FAASDWLP funded Project Costs, the Municipality agrees to repay to the CWFP SDWLP an amount equal to the non-eligible costs SDWLP funded Project Costs within 60 days of notification by DNR or DOA. The CWFP SDWLP shall then apply the amount it receives as a Loan prepayment or as a recovery of a Loan disbursement with Principal Forgiveness (if there is no outstanding Loan principal balance available to which apply the recovery may be appliedto). (e) The CWFP SDWLP or its agent shall disburse Financial Assistance only to the Municipality's account by electronic transfer of funds. The Municipality hereby covenants that it shall take actions and provide information necessary to facilitate these transfers. (f) Disbursement beyond ninety-five percent (95%) of the Financial Assistance, unless otherwise agreed to by DNR and DOA pursuant to a written request from the Municipality, may be withheld until: (1) DNR is satisfied that the Project has been completed in accordance with the Plans and Specifications, and DNR has approved all change orders relating to the Project, and DNR has determined that the Project is in compliance with the Municipality's WPDES Permit; (2) the The Municipality certifies to DNR its acceptance of the Project from its contractors; (3) the The Municipality certifies in writing to DNR its compliance with applicable federal requirements (certification the ARRA wage rate and Buy American requirements. Certification must be as prescribed on Exhibit C)G; (4) The Municipality shall furnish reports, provide data and such other information as SDWLP may require prior to Project closeout; and (45) DNR certifies in writing to DOA the Municipality’s compliance with all applicable requirements of this FAA. (g) TreasThe following IRS Regulation applies to project expenditures. Regs. 26 CFR § 1.148-6(d)(1IRS Regulation 1.148- 6(d)(1)(iii), which states, in part, “An issuer must account for the allocation of proceeds to expenditures not later than 18 months after the later of the date the expenditure is paid or the date the project, if any, that is financed by the issue is placed in service”.

Disbursement of Financial Assistance. (a) Under this FAA, Financial Assistance shall be drawn in the order specified in Section 3.01(d) of this document. (b) Each disbursement request shall be delivered to DNR. Each request must contain invoices or other evidence acceptable to DNR and DOA that Project Costs for which disbursement of Financial Assistance is requested have been incurred by the MunicipalityMunicipality or the applicable private property owner. (c) The CWFPSDWLP, through its agents or Trustee, plans to make disbursements of Financial Assistance on a semimonthly basis upon approval of each disbursement request by DNR and DOA. Such approval by DNR and DOA may require adjustment and corrections to the disbursement request submitted by the Municipality. The Municipality shall be notified whenever such an adjustment or correction is made by DNR or DOA. (d) Disbursements made to the Municipality are subject to pre- and post-payment adjustments by DNR or DOA. (1) If the Financial Assistance is not yet fully disbursed, and CWFP SDWLP funds were previously disbursed for costs not eligible for CWFP SDWLP funding or not eligible under this FAA, the CWFP SDWLP shall make necessary adjustments to future disbursements. (2) If the Financial Assistance is fully disbursed, including disbursements for any costs not eligible for CWFP SDWLP funding or not eligible under this FAA, the Municipality agrees to repay to the CWFP SDWLP an amount equal to the non-eligible costs within 60 days of notification by DNR or DOA. The CWFP SDWLP shall then apply the amount it receives as a Loan prepayment or as a recovery of a Loan disbursement with Principal Forgiveness (if there is no outstanding Loan principal balance available to which the recovery may be applied). (e) The CWFP SDWLP or its agent shall disburse Financial Assistance only to the Municipality's account by electronic transfer of funds. The Municipality hereby covenants that it shall take actions and provide information necessary to facilitate these transfers. (f) Disbursement to the Municipality beyond ninety-five percent (95%) of the total Financial Assistance, unless otherwise agreed to by DNR and DOA pursuant to a written request from the Municipality, may be withheld until: (1) DNR is satisfied that the Project has been completed in accordance with the Plans completed, and Specifications, DNR has approved all change orders relating to the Project, and DNR has determined that the Project is in compliance with the Municipality's WPDES Permit; (2) the Municipality certifies to DNR its acceptance of the Project from its contractors, if applicable; (3) the Municipality certifies in writing to DNR its compliance with applicable federal Federal requirements (certification must be as prescribed on Exhibit C); (4) the Municipality furnishes reports and provides data and such other information as SDWLP may require prior to Project closeout; and (45) DNR certifies in writing to DOA the Municipality’s compliance with all applicable requirements of this FAA. (g) Treas. Regs. 26 CFR § 1.148-6(d)(1)