Common use of Project Phase Clause in Contracts

Project Phase. If construction/implementation is authorized by the Corporation in the Clearance Letter, Subrecipient must comply with any and all conditions or required mitigation set forth in the Environmental Review documents, and shall document compliance with such measures, as well as any permit requirements, or other applicable requirements of Federal and State environmental laws, including worker health and safety requirements. The Subrecipient shall provide reports to the Corporation to document compliance with the requirements referenced above for the entirety of the construction phase, including any and all pre-occupancy or final clearance items. If a proposed project is not completed as proposed by the scope reviewed in either the Tier 1 or Tier 2 environmental review, program delivery and project costs are not eligible as there is no CDBG-eligible activity. Costs incurred and funds disbursed for projects that do not advance are subject to repayment. The Subrecipient shall comply with the terms of the Special Conditions of this Agreement, as set forth herein as Schedule C. As a cost-incurred program, tasks and deliverables must be conducted in a manner satisfactory to the Corporation and in compliance with applicable Federal and State requirements, laws, and regulations. In the event the Corporation’s funds do not cover 100% of the agreed upon budget (see Section 4 Budget) for the Subrecipient Program Description, Subrecipient must identify committed supplemental funding. Substandard performance or any election by Subrecipient to discontinue work, as reasonably determined by the Corporation in its sole discretion, will constitute noncompliance with this Agreement. If Subrecipient does not take action to correct such substandard performance or discontinuance of work within a reasonable period of time (as determined by the Corporation) after being notified by the Corporation, the Corporation may choose (a) not to reimburse Subrecipient for noncompliant and/or unallowable work, (b) take action to suspend or terminate this Agreement, (c) recapture awarded funds, or (d) other actions as permitted under applicable law. Nothing in this Agreement shall waive or otherwise limit the actions the Corporation may take or the remedies the Corporation may seek as a result of any noncompliance by Subrecipient, including but not limited to suspending or debarring Subrecipient from future State benefits. .

Appears in 2 contracts

Samples: Subrecipient Agreement, Subrecipient Agreement

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Project Phase. If construction/implementation is authorized by the Corporation in the Clearance Letter, Subrecipient must comply with any and all conditions or required mitigation set forth in the Environmental Review documents, and shall document compliance with such measures, as well as any permit requirements, or other applicable requirements of Federal and State environmental laws, including worker health and safety requirements. The Subrecipient shall provide reports to the Corporation to document compliance with the requirements referenced above for the entirety of the construction phase, including any and all pre-occupancy or final clearance items. If a proposed project is not completed as proposed by in accordance with the scope reviewed in either the Tier 1 or Tier 2 environmental review, or if a project is not completed in compliance with the requirements of the Tier 1 and Tier 2 environmental review, program delivery and project costs are not eligible as there is no CDBG-DR eligible activity. Costs incurred and funds disbursed for projects that do not advance are subject to repayment. The Subrecipient shall comply with the terms of the Special Conditions of this Agreement, as set forth herein as Schedule C. As a cost-incurred program, tasks and deliverables must be conducted in a manner satisfactory to the Corporation and in compliance with applicable Federal and State requirements, laws, and regulations. In the event the Corporation’s funds do not cover 100% of the agreed upon budget (see Section 4 Budget) for the Subrecipient Program Description, Subrecipient must identify committed supplemental funding. Substandard performance or any election by Subrecipient to discontinue work, as reasonably determined by the Corporation in its sole discretion, will constitute noncompliance with this Agreement. If Subrecipient does not take action to correct such substandard performance or discontinuance of work within a reasonable period of time (as determined by the Corporation) after being notified by the Corporation, the Corporation may choose (a) not to reimburse Subrecipient for noncompliant and/or unallowable work, (b) take action to suspend or terminate this Agreement, (c) recapture awarded funds, or (d) other actions as permitted under applicable law. Nothing in this Agreement shall waive or otherwise limit the actions the Corporation may take or the remedies the Corporation may seek as a result of any noncompliance by Subrecipient, including but not limited to suspending or debarring Subrecipient from future State benefits. The Corporation holds authority to enforce homeowner Grant Agreements. Under this Subrecipient Agreement, if the Subrecipient makes a homeowner award and the Program later determines that the homeowner was not eligible to receive the award or is otherwise subject to recapture of award funding made under the Grant Agreement, Subrecipient is responsible to assist the Corporation in recapture of the homeowner award at the Corporation’s direction, including communicating with the homeowner about the status of the homeowner’s application, award, and obligation to repay award funds, and collecting recaptured amounts. Such assistance with recapture may include, but is not limited to, participating and/or aiding in legal action that may be brought by the Corporation against the homeowner to enforce recapture under the homeowner’s Grant Agreement.

Appears in 1 contract

Samples: Subrecipient Agreement

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Project Phase. If construction/implementation is authorized by the Corporation in the Clearance Letter, Subrecipient must comply with any and all conditions or required mitigation set forth in the Environmental Review documents, and shall document compliance with such measures, as well as any permit requirements, or other applicable requirements of Federal and State environmental laws, including worker health and safety requirements. The Subrecipient shall provide reports to the Corporation to document compliance with the requirements referenced above for the entirety of the construction phase, including any and all pre-occupancy or final clearance items. If a proposed project is not completed as proposed by the scope reviewed in either the Tier 1 or Tier 2 environmental review, program delivery and project costs are not eligible as there is no CDBG-DR eligible activity. Costs incurred and funds disbursed for projects that do not advance are subject to repayment. The Subrecipient shall comply with the terms of the Special Conditions of this Agreement, as set forth herein as Schedule C. As a cost-incurred program, tasks and deliverables must be conducted in a manner satisfactory to the Corporation and in compliance with applicable Federal and State requirements, laws, and regulations. In the event the Corporation’s funds do not cover 100% of the agreed upon budget (see Section 4 Budget) for the Subrecipient Program Description, Subrecipient must identify committed supplemental funding. Substandard performance or any election by Subrecipient to discontinue work, as reasonably determined by the Corporation in its sole discretion, will constitute noncompliance with this Agreement. If Subrecipient does not take action to correct such substandard performance or discontinuance of work within a reasonable period of time (as determined by the Corporation) after being notified by the Corporation, the Corporation may choose (a) not to reimburse Subrecipient for noncompliant and/or unallowable work, (b) take action to suspend or terminate this Agreement, (c) recapture awarded funds, or (d) other actions as permitted under applicable law. Nothing in this Agreement shall waive or otherwise limit the actions the Corporation may take or the remedies the Corporation may seek as a result of any noncompliance by Subrecipient, including but not limited to suspending or debarring Subrecipient from future State benefits. .

Appears in 1 contract

Samples: Community Development Block Grant Agreement

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