Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a Request for Funding for not more than the full amount of the Grant in the form attached as Exhibit “A” (the “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized users. The Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction of the Facility and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not already provided to Triumph under Section 5.3 below, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such time as the Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if: (a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation; (b) The Request for Funding seeks funding for items other than items related to the construction of the Facility; (c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above; (d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement; (e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors; (f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval; (g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement; (h) Grantee is in material violation, default, or breach of or under any provision of this Agreement; (i) Grantee is in breach of any material representation or warranty contained in this Agreement; (j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds; (k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project; (l) Intentionally omitted; (m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal; (n) Intentionally omitted; (o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement; (p) Intentionally omitted; (q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%; (r) Intentionally omitted; (s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement; (t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement; (u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or (v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.
Appears in 3 contracts
Samples: Grant Award Agreement, Grant Agreement, Grant Award Agreement
Funding of the Grant. Upon completion Concurrently with the execution of this Agreement, Grantee may submit to Triumph a Request for Funding on the form attached hereto as Exhibit “A” and incorporated herein (a “Request for Funding”) in the amount of Five Million Three Hundred Seventy Eight Thousand Six Hundred Eighty Three Dollars ($5,378,683) (the “Initial Request for Funding”) to be used in connection with Grantee’s purchase of the Property in accordance with the Budget. After the Initial Funding, Grantee shall pay from its own funds the Grantee’s Construction Advance Amount before Triumph shall make any further fundings under the Grant. After Grantee has provided evidence satisfactory to Triumph of Grantee’s payment of the Grantee’s Construction Advance Amount toward construction of the Facility pursuant to Section 3.6 aboveInfrastructure Improvements, then for each subsequent funding of the Grant (individually, a “Subsequent Funding,” and collectively, the “Subsequent Fundings”), Grantee shall thereafter submit to Triumph a Request for Funding for not more than the full amount of the Grant in the form attached as Exhibit “A” (the “Request for Funding”) each Budget category in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The A Request for Funding for a Subsequent Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything At such time as Grantee has provided evidence satisfactory to Triumph that a building permit has been issued and construction has commenced on any lot within the contrary Property by a private sector occupant in this Agreementthe Park, Grantee may submit a Request for Funding for reimbursement of the Grantee’s Construction Advance Amount. Other than the final Request for Funding, no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $400,000. In no event shall the cumulative funding fundings made by Triumph (including the Initial Funding, the reimbursement of the Grantee’s Construction Advance Amount, and all Subsequent Fundings) exceed the $6,000,000 15,378,683 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.and
Appears in 2 contracts
Samples: Grant Award Agreement, Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of a prior funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; receipts evidencing that the funds disbursed in the prior funding were in fact paid in the proper amounts to the proper vendors for such items, (F) [intentionally omitted]; evidence of payment and use of Matching Funds (G) copies of the insurance policies required under this Agreement and evidence that such policies are as defined in current force and effectSection 5.2 below); and (HG) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $75,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 1,737,500 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, .. All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs of the Grant funds Project as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be used supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. Any check or order drawn by Grantee with respect to payany item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, reimburseinvoices, contracts, vouchers, orders, payroll records, or recover any overhead other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any Contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 1,737,500 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts Contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 50,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee shall have annually failed to make reasonable good faith efforts to obtain Business Donations in accordance with Section 5.12 below and/or shall have failed to provide Triumph with satisfactory evidence of such efforts. Such evidence shall include a spreadsheet listing the Business Donations, the donors, and Grantee’s determination of the fair market value of the Business Donations, together with the latest sample form of letter or other communication requesting such Business Donations;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 2 contracts
Samples: Grant Award Agreement, Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks or proof of wire transfers for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the No single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of less than $2,461,340, other than the invoice(s) actually paid final Request for Funding or if the expenditures are less than $2,461,340 in a given project year. In the event expenditures are less than $2,461,340 in a given project year, Grantee shall be permitted to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)submit up to four requests per year. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 98,453,615 maximum amount of the Grant. Upon Triumph’s receipt of of
(a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of Triumph shall provide the Grant, Grantee with the reasons for such disapproval upon request. Grantee shall have the right to, in accordance with the Budget line item for Personnel and Stipends, use Grant funds to pay stipends directly to teachers from school districts, Charter or Private schools in the eight affected counties for K- 12 teacher training in Science, Technology, Engineering or Math that results in an industry certificate earned, not to exceed $2,000 per person annually and in doing so shall provide to Triumph payment records, invoices, and/or other proofs of payment as evidence of such payments. All amounts funded to Grantee pursuant to a Request for Funding shall be (check as applicable): X_ after year 2, each Request for Funding shall be paid to Grantee as a reimbursement of amounts Grantee has already paid to vendors supplying equipment, materials, or services, and/or to employees performing work, in each case consistent with the Budget, in which case the Grant as described in Section 5.9 belowfunds shall be retained by Grantee. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, rental or other facilities overheadoverhead (other than as contracted services for classroom/lab/office space under the Budget), continuing education fees, and auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, and readily accessible. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 98,453,615 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, invoices, cancelled checks, wire transfer or other agreed upon confirmations of payment;
(m) GranteePrior to December 31, Space Florida2036 (the “Completion Deadline”), PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Xxxxxxx is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward satisfying the Performance Metrics (as defined below); and/or prior to the Construction Deadline, Grantee has abandoned or discontinued the construction of the Facility, or for any reason the commencement, prosecution, or timely completion of construction of the Facility is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward satisfying the Performance Metrics;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, Budget and/or a particular Budget category, has been cumulatively increased or decreased by more than 5%; and/or the Matching Funds have cumulatively increased or decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior month’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $100,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 1,059,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs of the Grant funds Project as shown or contemplated under the Budget attached to the Agreement. All amounts paid by Grantee with respect to the Project shall be used supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. Any check or order drawn by Grantee with respect to payany item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, reimburseinvoices, contracts, vouchers, orders, payroll records, or recover any overhead other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 1,059,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee and FDOT (as defined below)) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts Contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 100,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedOmitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The first Request for Funding shall be in connection with Xxxxxxx’s purchase of the Property. No Grant funds shall be disbursed to Grantee with respect to Grantee’s purchase of the Property unless and until (i) Triumph has reviewed and approved the purchase and sale agreement for the Property (“Purchase Agreement”), which Purchase Agreement shall provide for, among other things, Grantee to purchase fee simple title to the Property for a purchase price of not more than $3,700,000, (ii) Grantee and the seller of the Property are ready, willing, and able to consummate the purchase and sale of the Property on and subject to the terms set forth in the Purchase Agreement, (iii) the closing and consummation of the purchase and sale of the Property on and subject to the terms set forth in the Purchase Agreement (the “Closing”) is scheduled for a date certain with a title insurance company or law firm (“Closing Agent”) reasonably acceptable to Triumph, (iv) Triumph has reviewed and approved the deed and the settlement statement for the closing of the transaction, and (v) Grantee has submitted a Request for Funding in connection with the proposed purchase of the Property. In the event the Closing does not occur for any reason, then any Grant funds funded by Triumph to the Closing Agent shall be to Triumph. After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $196,250. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 7,850,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.thirty
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $201,875. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 8,075,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 8,075,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 3,200 Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $375,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 15,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of During the Grantperiod commencing on the date that all Matching Funds Sources and Guarantors have been approved by Triumph and ending eighteen (18) months thereafter, all amounts funded to Grantee pursuant to a Request for Funding shall be paid to Grantee as a disbursement, in which case Grantee shall use then pay vendors supplying equipment, materials, or services, and/or to employees performing work, in each case consistent with the Budget. Thereafter, all amounts funded to Grantee pursuant to a Request for Funding shall be paid to Grantee as a reimbursement of amounts Grantee has already paid to vendors supplying equipment, materials, or services, and/or to employees performing work, in each case consistent with the Budget, in which case the Grant as described in Section 5.9 belowfunds shall be retained by Grantee. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. Grantee shall seek funding only for costs of the Grant funds Project as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be used to paysupported by properly executed invoices, reimbursecontracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or recover any overhead other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and and/or contingencies described in Section 3 above have not been satisfied, and/or there is any missing or incomplete documentationdocumentation in the Request for Funding;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 15,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency agency, and/or any private entity providing financial assistance to the Project has (including, but not limited to, any of the Matching Funds Sources) have revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching FundsFunds and the Matching Funds Commitments;
(k) The Not all of the Matching Funds were not have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 195,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of construction of the Project is not on schedule for completion by the Construction Completion Deadline (as defined below);
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a Request for Funding for not more than the full amount of the Grant in the form attached as Exhibit “AB” (the “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized users. The Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction of the Facility and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not already provided to Triumph under Section 5.3 below, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such time as the Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three forty-five percent (4345%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven fifty-five percent (5755%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 11,250,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 11,250,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three forty- five percent (4345%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, Florida and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall request no more than Triumph’s percentage share of the Budget category that are the subject of the Request for Funding (with Grantee incurring the remaining costs out of the Matching Funds). Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing the construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that all or any portion of the prior month’s funding was a disbursement for items to be paid rather than a reimbursement of amounts already provided paid, receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to Triumph under Section 5.3 belowthe proper vendors for such items, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant, and (G) evidence that FDOT has timely funded their portion of the Matching Funds to date and the use of such funds, and evidence of payment and use of any other Matching Funds. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee shall use the Grant as described in Section 5.9 below. None of the Grant pursuant to a Request for Funding shall be used (check as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. applicable): None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Notwithstanding the foregoing, amounts in the Budget that have already been spent on the Project shall be counted within the Matching Funds. Grantee shall seek funding only for costs as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the Grant funds charges. Any check or order drawn by Grantee with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be used clearly identified, readily accessible, and, to paythe extent feasible, reimburse, or recover any overhead or kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Reasons for disapproving a Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding ifFunding must include one or more of the following:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing Missing or incomplete documentationdocumentation required under Section 4.2 above;
(b) The Request for Funding seeks funding for items other than items related to set forth in the construction of Budget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under the FacilityContracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 64,100,000.00 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category under Section 4.1 above; or the amount requested for funding under the Request for Funding for a particular Budget category exceeds Triumph’s percentage share of funding for that Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching FundsFunds (as defined in Section 5.2 below);
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 250,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the BudgetSection 5.2 below, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by Section 9.3 of this Agreement.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms sufficient wire documentation evidencing that Grantee paid vendors, and to the extent that all or any portion of confirmations the prior month’s funding was a disbursement for items to be paid rather than a reimbursement of payment; (F) [intentionally omitted]; amounts already paid, receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall be submitted for a funding request amount of less than $100,000. The final Request for Funding shall not be submitted for a funding request funded to Grantee until Grantee has provided evidence satisfactory to Triumph that all Matching Funds have been properly spent in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (accordance with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the GrantBudget. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the GrantAll amounts funded to Grantee pursuant to a Request for Funding shall be (check as applicable): Personnel, in which case Grantee shall use such funds consistent with the Budget; or Construction/Equipment and Operational/Contractual with respect to the of amounts Grantee has already paid to vendors supplying equipment, materials, or services, and/or to employees performing work, in each case consistent with the Budget, in which case the Grant as described in Section 5.9 belowfunds shall be retained by Grantee. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. Any check or order drawn by Grantee with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Notwithstanding anything in this Agreement to the contrary, Triumph’s obligation to fund any portions of the Grant funds in accordance with the Budget after December 31, 2022, shall be used contingent upon Grantee obtaining from the Federal Aviation Administration (“FAA”) written approval of Grantee’s certification programs described above. In the event that Grantee’s certification programs described above are not approved in writing by the FAA by December 31, 2022, Triumph shall have no further obligation to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feesdisburse Grant funds. Grantee shall provide to Triumph written evidence of FAA approval within ten (10) days after it is obtained. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of Grantee fails to satisfy the conditions and contingencies for funding (including, but not limited to, the condition for timely FAA approval of Grantee’s certification program as described in Section 3 above have not been satisfied, above) and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as described above or as shown in the construction of the FacilityBudget;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 7,064,665.00 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts Contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 100,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee shall have annually failed to make reasonable good faith efforts to obtain Business Donations in accordance with Section 5.12 below, and/or shall have failed to provide Triumph with satisfactory evidence of such efforts. Such evidence shall include a spreadsheet listing the Business Donations, the donors, and Grantee’s determination of the fair market value of the Business Donations, together with the latest sample form of letter or other communication requesting such Business Donations;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for suchitems, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $544,689. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 21,787,560 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-forty- five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The Request for Funding for the final funding pursuant to which Grantee will have then received the entire Grant amount shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Funding; funding, provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 21,787,560 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 4,000 Credentials;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction After the Initial Matching Funds Expenditures have been made and Triumph has received satisfactory evidence of the Facility pursuant to payment thereof as required by contingency 3.3 above, and after all other contingencies set forth in Section 3.6 above3 above have been satisfied, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) for each Budget category (a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized users. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $106,250. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 8,500,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 8,500,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Xxxxxxx and/or BMQRA of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the CompanyBMQRA, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the December 31, Space Florida2026, PSCCompletion Deadline for the Project as described below, Grantee and/or the Company BMQRA has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee and/or BMQRA is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this Agreement;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $186,372. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 7,454,867 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 7,454,867 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations pursuant to the Grant which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 3,479 net new Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been cumulatively increased or decreased by more than 5%; and/or the Matching Funds have cumulatively increased or decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline and it is objectively unlikely that the Project will be completed by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in substantial compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior month’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; receipts evidencing that the funds disbursed in the prior month’s funding were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $100,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 3,846,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. Grantee shall seek funding only for costs of the Grant funds Project as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be used supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. Any check or order drawn by Grantee with respect to payany item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, reimburseinvoices, contracts, vouchers, orders, payroll records, or recover any overhead other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 3,846,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, order without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee shall have annually failed to make reasonable good faith efforts to obtain Business Donations in accordance with Section 5.12 below and/or shall have failed to provide Triumph with satisfactory evidence of such efforts. Such evidence shall include a spreadsheet listing the Business Donations, the donors, and Grantee’s determination of the fair market value of the Business Donations, together with the latest sample form of letter or other communication requesting such Business Donations;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such time as the Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.and
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category (Equipment, Salaries, Materials, and Deployment Expenses) on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior month’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $100,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 5,147,750.00 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs of the Grant funds Project as shown or contemplated under the Budget attached to the Agreement. All amounts paid by Grantee with respect to the Project shall be used supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. Any check or order drawn by Grantee with respect to payany item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, reimburseinvoices, contracts, vouchers, orders, payroll records, or recover any overhead other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of Grantee fails to satisfy the conditions and contingencies described in Section 3 above have not been satisfied, for funding and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as described above or as shown in the construction of the FacilityBudget;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 5,147,750.00 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts Contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 50,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee shall have annually failed to make reasonable good faith efforts to obtain Business Donations in accordance with Section 5.12 below, and/or shall have failed to provide Triumph with satisfactory evidence of such efforts. Such evidence shall include a spreadsheet listing the Business Donations, the donors, and Grantee’s determination of the fair market value of the Business Donations, together with the latest sample form of letter or other communication requesting such Business Donations;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall may submit to Triumph a written Request for Funding for not more than the full amount of the Grant in on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and ). Each Request for Funding shall submit include information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized users. The Request for Funding shall include the following items users listed in Exhibit “C” attached hereto and incorporated herein, together with (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures for the immediately prior funding year, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing the construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that all or any portion of the prior month’s funding was a disbursement for items to be paid rather than a reimbursement of amounts already provided paid, receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to Triumph under Section 5.3 belowthe proper vendors for such items, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant, and (H) evidence of payment and use of Matching Funds (as defined in Section 5.2 below). Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.thirty
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $300,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 20,011,606 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.corrective
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $300,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 7,651,600 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph and Grantee acknowledge and agree that no Matching Funds are required to be spent until year 2 of the Budget and that Grantee will receive fundings from Triumph prior to the commencement of cost sharing commitments. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 7,651,600 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 2,048 Milestones;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction Provided that Grantee (i) has expended all of the Facility Matching Funds on the Project, and (ii) has submitted to Triumph satisfactory evidence that the Matching Fund were in fact used for the Project pursuant to the Budget (as defined in Section 3.6 above5.2 below), then thereafter, and not more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in Budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing the construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that all or any portion of the prior month’s funding was a disbursement for items to be paid rather than a reimbursement of amounts already provided paid, receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to Triumph under Section 5.3 belowthe proper vendors for such items, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant, and (H) evidence of payment and use of Matching Funds. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the Grant funds charges. Any check or order drawn by Grantee with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be used clearly identified, readily accessible, and, to paythe extent feasible, reimburse, or recover any overhead or kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Reasons for disapproving a Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding ifFunding must include one or more of the following:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing Missing or incomplete documentationdocumentation required under Section 4.2 above;
(b) The Request for Funding seeks funding for items other than items related to as specified in the construction of Budget or under a Contract, or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under the FacilityContracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 1,742,407 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category under Section 4.1 above; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Xxxxxxx is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 100,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedOmitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the BudgetSection 5.2 below, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by Section 9.3 of this Agreement.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms sufficient wire documentation evidencing that Grantee paid vendors, and to the extent that all or any portion of confirmations the prior month’s funding was a disbursement for items to be paid rather than a reimbursement of payment; (F) [intentionally omitted]; amounts already paid, receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the less than $6,000,000 maximum amount of the Grant75,000. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of All amounts funded to Grantee pursuant to a Request for Funding shall be (check as applicable): amounts Grantee has already paid to vendors supplying equipment, materials, or services, and/or to employees performing work, in each case consistent with the GrantBudget, Grantee shall use in which case the Grant as described in Section 5.9 belowfunds shall be retained by Grantee. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None Grantee shall seek funding only for costs as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the Grant funds charges. Any check or order drawn by Grantee with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be used clearly identified, readily accessible, and, to paythe extent feasible, reimburse, or recover any overhead or kept separate and apart from all other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary feessuch documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of Grantee fails to satisfy the conditions and contingencies described in Section 3 above have not been satisfied, for funding and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as described above or as shown in the construction of the FacilityBudget;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 2,259,063.00 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budgeta schedule of expenses approved by Triumph, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under Contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, cancelled checks, wire transfer confirmations;
(m) GranteePrior to the Completion Deadline (as defined in Section 5.1 below), Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts Contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 5,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee shall have annually failed to make reasonable good faith efforts to obtain Business Donations in accordance with Section 5.12 below, and/or shall have failed to provide Triumph with satisfactory evidence of such efforts. Such evidence shall include a spreadsheet listing the Business Donations, the donors, and Grantee’s determination of the fair market value of the Business Donations, together with the latest sample form of letter or other communication requesting such Business Donations;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $32,275. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 1,291,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 1,291,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 432 Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $75,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 2,840,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding All amounts funded to Grantee pursuant to a Request for Funding shall be (check as applicable): It shall be a condition to Triumph’s approval of the Grant, first Request for Funding that Grantee shall use provide satisfactory evidence that Matching Funds from the Grant as described in Section 5.9 belowFederal American Rescue Plan (FARP) and/or the Elementary and Secondary School Emergency Relief (XXXXX II and XXXXX III) program have been officially committed to Grantee for the Project (the “Matching Fund Condition”). None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, rental or other facilities overhead, continuing education fees, and auxiliary fees, and fringe fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have The Matching Fund Condition has not been satisfied, satisfied and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 2,840,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less 1,100 Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 50,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $300,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 11,998,919 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.corrective
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar quarter, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories of the Project account spreadsheet (i.e., in a tab as defined below) as shown on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior quarter’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; receipts evidencing that the funds disbursed in the prior quarter’s funding were in fact paid in the proper amounts to the proper vendors for such items, (G) evidence of payment and use of Matching Funds (as defined in Section 5.2 below), (H) copies of utility bills and contracts/salaries for maintenance and security, it being expressly understood that if actual overhead expenses are less than the insurance policies required under this Agreement and evidence estimated amounts that such policies are in current force and effect; were calculated, adjustments to the funded amount will be made, and (HI) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $50,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 3,862,951 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.disapprove
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $225,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 9,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentationdocumentation in the Request for Funding;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 9,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 9,788 net-new Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been cumulatively increased or decreased by more than 5%; and/or the Matching Funds have cumulatively increased or decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline (as defined below);
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than four (4) times per calendar year, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in Budget categories of the Project account spreadsheet (i.e., as defined below) as shown in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction of the Facility and for each other Matching Funds categoryB)invoices, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior month’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; receipts evidencing that the funds disbursed in the prior month’s funding were in fact paid in the proper amounts to the proper vendors for such items, (F) [intentionally omitted]; evidence of payment and use of Matching Funds, and (G) copies of the insurance policies required under this Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $100,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 6,078,795 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.disapprove
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with real property ad valorem tax bills or other evidence needed for payment of tax amounts to which the Ad Valorem Rate Reduction applied, and invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $175,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 7,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee Xxxxxxx shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by GranteeXxxxxxx. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, rental or other facilities overhead, continuing education or auxiliary fees. All amounts paid by Grantee and/or any governmental or private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and auxiliary feespayroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is any missing or incomplete documentationdocumentation in the Request for Funding;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of Budget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts, or that are otherwise due in connection with the FacilityAd Valorem Rate Reduction;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 7,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, Prior to the Completion Deadline and/or the Company Construction Completion Deadline (as such terms are defined in Section 5.1 below), Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One The Lease and/or one or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee has not complied with Section 288.8017(1)(a), Florida Statutes, with respect to the Ad Valorem Rate Reduction and/or the Ad Valorem Rate Reduction has been revoked, rescinded, repealed or otherwise lessened;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline and/or the construction portion of the Project is not completed by the Construction Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3.4 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $300,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 7,651,600 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph and Xxxxxxx acknowledge and agree that no Matching Funds are required to be spent until year 2 of the Budget and that Grantee will receive fundings from Triumph prior to the commencement of cost sharing commitments. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 7,651,600 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 2,048 Milestones;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (HF): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with real property ad valorem tax bills or other evidence needed for payment of tax amounts to which the Ad Valorem Rate Reduction applied, and invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested fundingMatching Funds, (E) to the extent not already provided to Triumph under Section 5.3 below, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; (G) copies of the insurance policies required under this Agreement Agreement, and evidence that such policies are in current force and effect; , and (HF) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 2,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, rental or other facilities overhead, continuing education or auxiliary fees. All amounts paid by Grantee and/or any governmental or private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and auxiliary feespayroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is any missing or incomplete documentationdocumentation in the Request for Funding;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of Budget or seeks funding for more than amounts actually due in connection with the FacilityAd Valorem Rate Reduction;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 2,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were are not being used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, Prior to the Completion Deadline and/or the Company Construction Completion Deadline (as such terms are defined in Section 5.1 below), Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have The Lease has been modified, amended, or terminated, or have been subject to a change order, terminated without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omittedGrantee has not complied with Section 288.8017(1)(a), Florida Statutes, with respect to the Ad Valorem Rate Reduction and/or the Ad Valorem Rate Reduction has been revoked, rescinded, repealed or otherwise lessened;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline and/or the construction portion of the Project is not completed by the Construction Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described aboveIntentionally Omitted; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding, (G) copies of the insurance policies required under this the Agreement and evidence that such policies are in current force and effect; and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such time as the Request for Funding is submitted. Notwithstanding anything to the contrary in this Agreement, the Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds). In no event shall the cumulative funding made by Triumph exceed the $6,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the Request for Funding that includes all required supporting documents, Triumph shall have forty- five (45) days from receipt to review and either approve or disapprove of the Request for Funding. If Triumph approves the Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.and
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by Xxxxxxx’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $3,700. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 147,900 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, All amounts funded to Grantee pursuant to a Request for Funding shall use the Grant be (check as described in Section 5.9 below. applicable): None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date date of this Agreement. None of the amounts paid by Grantee in connection with the invoices submitted in a Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. The final funding shall not be funded unless and until Grantee has provided to Triumph satisfactory evidence that all Matching Funds have been expended on the Project. None of the Grant funds or the Matching Funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and or auxiliary fees. Grantee shall seek funding only for costs of the Project as shown or contemplated under the Budget. All amounts paid by Grantee and/or any private person or entity providing Matching Funds with respect to the Project shall be supported by properly executed invoices, contracts, vouchers, and payroll records evidencing in proper detail the nature and propriety of the charges and use of the Matching Funds. All checks, invoices, contracts, vouchers, orders, payroll records, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. Grantee shall ensure that all Matching Funds are used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee shall provide Triumph with evidence that such Matching Funds have been secured and timely used toward completion of the Project. Triumph will honor the Request requests for Fundingfunding; provided, however, that Triumph may elect by notice in writing not to make a funding payment if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there There is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to as shown in the construction of the FacilityBudget or seeks funding for more than amounts actually invoiced by contractors, materialmen, or other vendors under any contracts;
(c) The amount requested for funding under the Request for Funding exceeds Funding, together with all amounts previously funded under the Grant, would exceed the $6,000,000 147,900 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding for a particular Budget category, together with all amounts previously funded for such Budget category, would exceed the maximum amount allocated to such Budget category; or Grantee failed to use any Grant funds funded to date in excess of the forty three percent (43%) limitation described aboveamounts and for the purposes stated in the Budget;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation with respect to the performance by Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or and/or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any Any federal, state, or local government, organization or agency (including Grantee) providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Not all of the Matching Funds were required to be secured as of the date of the Request for Funding have been secured and/or not all of the Matching Funds have been used for the intended purposes and in the amounts and at the times as set forth in the Budget, and and/or Grantee has failed to provide Triumph with evidence of payment of the that such Matching Funds have been timely secured and used toward completion of the Project;
(l) Intentionally omittedWith respect to previous fundings of the Grant and payments under contracts, Grantee has failed to pay, or has failed to provide Triumph with evidence of payment of, the Grant for the purposes of such funding. Such evidence shall include, but not be limited to, payroll ledgers, state and federal payroll returns, job descriptions, front and back of cancelled checks, wire transfer confirmations;
(m) Grantee, Space Florida, PSC, and/or the Company Grantee has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project by Grantee is rendered improbable, infeasible, impossible, or illegal, or Grantee has failed to make substantial progress toward student attainment of achieving not less than 140 Certificates;
(n) Intentionally omittedAll or any portion of the requested funding includes funding for items that are outside the scope of the Project that is contemplated under the Budget;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this AgreementAgreement ;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or Grantee’s share of the Matching Funds have increased or has decreased by more than 5%;
(r) Intentionally omittedCompletion of the Project is not on schedule for completion by the Completion Deadline;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the maintain in full force and effect all insurance required under this AgreementSections 5.4 and 5.10 below;
(t) The Facility Grantee is not in compliance with all applicable environmental laws and regulations in accordance with this AgreementSection 5.5 below;
(u) Grantee failed to comply is not in compliance with the competitive bidding and proposal requirements described set forth in Section 3 above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this AgreementSection 9.3 below.
Appears in 1 contract
Samples: Grant Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 aboveNot more than once per calendar month, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “AB” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The Each Request for Funding shall be for an amount not to exceed 67% of the amount of the invoice(s) owing by Grantee to the contractors, materialmen, or vendors under the Contracts (such 67% is determined as described in Section 5.2 below). Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final reports in budget categories with copies of general ledger detail for the Project account spreadsheet (i.e.as defined below) showing itemized expenditures, in a tab on the Budget); (B) a completed final Expense Itemization Sheet in a form provided by Triumph invoices from architects, engineers, contractors, materialmen, and other vendors performing construction; (“Expense Itemization Sheet”C) for construction of the Facility and for each other Matching Funds category, together with invoices, receiptspurchase orders, or contracts from vendors providing equipment, materials, and services; (CD) payroll ledgers, percentage of time dedicated to the Projectstate and federal payroll returns, and job descriptions as they relate to the Project; other employment data, (DE) documentation evidencing the completion of the work that is the subject of the requested funding, (EF) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Xxxxxxx, copies of front and back of cancelled checks evidencing that Grantee paid vendors, and to the extent that all or any portion of the prior month’s funding was a disbursement for fundingitems to be paid rather than a reimbursement of amounts already paid, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; receipts evidencing that the funds disbursed in the prior month were in fact paid in the proper amounts to the proper vendors for such items, (G) copies evidence of the insurance policies required under this Agreement payment and evidence that such policies are use of Matching Funds (as defined in current force and effect; Section 5.2 below), and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. In addition, the first Request for Funding shall also include evidence satisfactory to Triumph that Grantee has spent the applicable portion of the Matching Funds for Phase I improvements as shown on the Budget. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $100,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 3,000,000 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Xxxxxxx’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.corrective
Appears in 1 contract
Samples: Grant Award Agreement
Funding of the Grant. Upon completion of construction of the Facility pursuant to Section 3.6 above, Grantee shall submit to Triumph a separate Request for Funding for not more than the full amount of the Grant in each Budget category on the form attached hereto as Exhibit “A” and incorporated herein (the a “Request for Funding”) in accordance with the Budget and shall submit information pursuant to a SmartSheet system by XxxxxxxGrantee’s authorized usersusers listed in Exhibit “C” attached hereto and incorporated herein. The After the first Request for Funding, each subsequent Request for Funding may only be submitted after Triumph’s approval of the immediately preceding Request for Funding. Each Request for Funding shall include the following items (A) through (H): (A) completed detailed final Project account spreadsheet (i.e., in a tab on the Budget); , (B) a completed final Expense Itemization Sheet in a form provided by Triumph (“Expense Itemization Sheet”) for construction each category of the Facility funds requested and for each other Matching Funds category, together with invoices, receipts, or contracts from vendors providing equipment, materials, and services; (C) payroll ledgers, percentage of time dedicated to the Project, and job descriptions as they relate to the Project; , (D) documentation evidencing the completion of the work that is the subject of the requested funding, (E) to the extent not that any portion of the current funding request is for reimbursement of amounts already provided to Triumph under Section 5.3 belowpaid by Grantee, copies of front and back of cancelled checks for funding, or copies of wire transfers or other Triumph approved forms of confirmations of payment; (F) [intentionally omitted]; to the extent that all or any portion of the prior funding was a disbursement for items to be paid rather than a reimbursement of amounts already paid, a completed Expense Itemization Sheet and receipts or other documentation evidencing that the funds disbursed previously were in fact paid in the proper amounts to the proper vendors for such items, including copies of front and back of cancelled checks for funding (G) copies of the insurance policies required under this Agreement Sections 5.4 and 5.10 below and evidence that such policies are in current force and effect; , and (H) such other documents as Triumph shall reasonably require in order to determine that the proposed funding is consistent with the purposes of the Grant. Grantee shall notify the Triumph Program Administrator via email at such each time as the a Request for Funding is submitted. Notwithstanding anything to Other than the contrary in this Agreementfinal Request for Funding, the no single Request for Funding shall not be submitted for a funding request in excess of forth three percent (43%) the amount of the invoice(s) actually paid to contractors under the construction contract for the Facility (with the remaining fifty seven percent (57%) having been paid from Space Florida’s Matching Funds)less than $275,000. In no event shall the cumulative funding fundings made by Triumph exceed the $6,000,000 11,500,702 maximum amount of the Grant. Upon Triumph’s receipt of (a) notification to the Program Administrator, and (b) the a Request for Funding that includes all required supporting documents, Triumph shall have forty- forty-five (45) days from receipt to review and either approve or disapprove of the a Request for Funding. If Triumph approves the a Request for Funding, then it shall fund the approved amount to Grantee within thirty (30) days after approval. If Triumph disapproves the a Request for Funding, Triumph shall deliver a notice of disapproval within such forty-five (45) day period that states the reasons for such disapproval. If the stated reasons for disapproval can be cured by Grantee’s submittal of missing or corrective items, Grantee shall have thirty (30) days following receipt of the notice of disapproval to submit such missing or corrective items. If Triumph fails to notify Grantee of its disapproval of the Request for Funding within forty-five (45) days of receipt, such Request for Funding shall be deemed disapproved. Upon funding of the Grant, Grantee shall use the Grant as described in Section 5.9 below. None of the Grant shall be used as a reimbursement of items purchased by Grantee prior to the Effective Date of this Agreement. None of the amounts paid by Grantee in connection with the Request for Funding and then funded by Triumph shall also have been or will in the future be in any manner (a) reimbursed, returned, refunded, rebated, or otherwise credited to, Grantee by any contractor, materialman, vendor, or any other person or entity, or (b) paid, reimbursed, returned, refunded, rebated, or otherwise credited to Grantee by the State of Florida, the United States, or any agency or instrumentality of any of the foregoing, whether under any grant or loan program or other method of contribution, it being expressly understood and agreed that Grantee shall not receive payments, refunds, reimbursements, rebates or credits from any sources in amounts collectively exceeding 100% of the amounts paid or owing by Grantee. None of the Grant funds shall be used to pay, reimburse, or recover any overhead or other indirect costs, including, but not limited to, general and/or administrative overhead, facilities overhead, continuing education fees, and auxiliary fees. Triumph will honor the Request for Funding; provided, however, that Triumph may elect by notice in writing not to make a funding if:
(a) Any of the conditions and contingencies described in Section 3 above have not been satisfied, and/or there is missing or incomplete documentation;
(b) The Request for Funding seeks funding for items other than items related to the construction of the Facility;
(c) The amount requested for funding under the Request for Funding exceeds the $6,000,000 maximum amount of the Grant; or the amount requested for funding under the Request for Funding requests of funding in excess of the forty three percent (43%) limitation described above;
(d) Grantee made a misrepresentation or omission of a material nature in the Grant Application, or any supplement or amendment to the Grant Application, or with respect to any document or data furnished with the Grant Application or pursuant to this Agreement;
(e) There is any pending litigation which may jeopardize or adversely affect the Project, this Agreement, or funding of the Grant; or a receiver or trustee has been appointed for Grantee and/or the Company or a substantial portion of their respective assets; or any involuntary petition for relief under any bankruptcy or insolvency law has been filed against Grantee and/or the Company and has not been dismissed within sixty (60) days; or Grantee and/or the Company has voluntary petitioned for relief under, or otherwise sought the benefit of, any bankruptcy, reorganization, arrangement or insolvency law, or made an assignment for the benefit of creditors;
(f) Grantee has taken any action pertaining to the Project which, under this Agreement, requires the approval of Triumph, and Grantee failed to obtain such approval;
(g) There has been a violation of Sections 9.1, 9.4, or 9.5 (the prohibited interests provisions) of this Agreement;
(h) Grantee is in material violation, default, or breach of or under any provision of this Agreement;
(i) Grantee is in breach of any material representation or warranty contained in this Agreement;
(j) Grantee, Space Florida, the Company, and/or any federal, state, or local government, organization or agency providing financial assistance to the Project has revoked, suspended, or terminated that financial assistance to the Project, including, but not limited to, the Matching Funds;
(k) The Matching Funds were not used for the intended purposes and in the amounts and at the times as set forth in the Budget, and Grantee has failed to provide Triumph with evidence of payment of the Matching Funds toward completion of the Project;
(l) Intentionally omitted;
(m) Grantee, Space Florida, PSC, and/or the Company has abandoned or discontinued the Project, or for any reason the commencement, prosecution, or timely completion of the Project is rendered improbable, infeasible, impossible, or illegal;
(n) Intentionally omitted;
(o) One or more of the contracts previously approved or deemed approved by Triumph have been modified, amended, or terminated, or have been subject to a change order, without the prior written consent or deemed approval of Triumph; provided, however, that any change order under $65,000 shall not be subject to approval under this Agreement;
(p) Intentionally omitted;
(q) Without the prior approval of Triumph, the total Project cost as set forth in the Budget, the overall Budget, and/or a particular Budget category, has been increased or decreased by more than 5%; and/or the Matching Funds have increased or decreased by more than 5%;
(r) Intentionally omitted;
(s) Grantee has failed to maintain, or has failed to cause to be maintained the insurance required under this Agreement;
(t) The Facility is not in compliance with all applicable environmental laws and regulations in accordance with this Agreement;
(u) Grantee failed to comply with the competitive bidding and proposal requirements described above; and/or
(v) Grantee is not in compliance with the equal employment opportunity and other labor provisions as required by this Agreement.corrective
Appears in 1 contract
Samples: Grant Award Agreement
