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Res 2010-133
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Res 2010-133
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1/25/2011 10:10:40 AM
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9/22/2010 3:09:06 PM
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Resolutions
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9/22/2010
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Definitions. Whenever used in these Construction Standard Terms and Conditions, the <br />following words and phrases shall have the following meanings: <br />a. "Assistant Secretary" refers to the Assistant Secretary of Commerce for Economic <br />Development; <br />b. "Award" — see the definition set out in the first paragraph of the Preface above; <br />C. "Closeout" or "Project Closeout" refers to the process by which the Grants Officer <br />determines that all applicable administrative actions and all required work under the Award <br />has been completed by the Recipient and EDA; <br />d. "Department" or "DOC" refers to the U.S. Department of Commerce; <br />e. "Government" or "Federal Government" refers to EDA; <br />f. "Grants Officer" refers to the Regional Director in the appropriate Regional Office; <br />g. "Project Officer," refers to the EDA official responsible for technical or other <br />programmatic aspects of the Award. During the post - approval stage of the Award, EDA <br />generally assigns this role to an EDA Engineer /Construction Manager. <br />h. "Project" refers to the activity for which the EDA grant was awarded; <br />i. "Recipient" refers to the undersigned grantee of U.S. government funds under the Award to <br />which this document is made a part; <br />j. "Regional Office" refers to an EDA regional office; <br />k. "Subrecipient" or "Subgrantee" refers to the legal entity to which a subaward is made and <br />which is accountable to the Recipient for the use of grant funds (this term does not include <br />subcontractors with whom the Recipient enters into a contractual agreement); and <br />1. "Terms and Conditions of the Award" — see the definition set out in the first paragraph of <br />the Preface above. <br />Capitalized terms used but not otherwise defined in these Construction Standard Terms and <br />Conditions have the meanings ascribed to them in EDA's regulations at 13 C.F.R. §§ 300.3, <br />302.20, 307.8, and 314.1. <br />4. Grant Recipient as Trustee. The Recipient holds grant funds and any EDA - assisted Project <br />property in trust for the purpose(s) for which the Award was made. The Recipient's obligation <br />to the Federal Government continues for the estimated useful life of the Project, as determined <br />by EDA, during which EDA retains an undivided equitable reversionary interest (the "Federal <br />Interest ") in the property improved, in whole or in part, with the EDA investment. <br />See 13 C.F.R. § 314.2. <br />If EDA determines that the Recipient fails or has failed to meet this obligation, the agency may <br />exercise any rights or remedies with respect to its Federal Interest in the Project. However, <br />EDA's forbearance in exercising any right or remedy in connection with the Federal Interest <br />does not constitute a waiver thereof. <br />B. Financial Requirements. <br />Financial Reports. <br />a. While EDA generally does not advance funds under an Award, the Recipient must submit <br />Form SF -272, "Report of Federal Cash Transactions," for any Award where funds are to <br />be advanced to the Recipient. Form SF -272 is due 15 working days following the end of <br />each uq arter for an Award under $1 million, 15 working days following the end of each <br />3 <br />
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