Res 2010-133 - Laserfiche WebLink

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Special Award Conditions Texas State University & City of San Marcos Page 4 EDA Award No. 08 -01 -04606 5. ARCHITECT /ENGINEER AGREEMENT Prior to disbursement of funds by EDA, the Recipient shall submit to the Government for approval an architect/engineer agreement that meets the requirements of Section I of the EDA publication, "Requirements for Approved Projects," as well as the competitive procurement standards of Department of Commerce Regulations at 15 CFR Part 24 or 15 CFR Part 14, as applicable. The fee for basic architect/engineer services shall be a lump sum or an agreed maximum and no part of the fees for other services shall be based upon a cost- plus -a- percentage -of -cost or a cost using a multiplier. 6. EVIDENCE OF GOOD TITLE Prior to the initial disbursement of funds by EDA, the Recipient shall provide evidence satisfactory to the Government that the Recipient has acquired good and merchantable title, free of all mortgages or other foreclosable liens, or title equivalent to all land, rights -of -way, and easements necessary for the completion of the project, or of a long -term leasehold interest in accordance with 13 CFR 314, except when a mortgage waiver has been granted by the Assistant Secretary or his/her designee. 7. DELAYED CONSTRUCTION START The Recipient acknowledges that if significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated for start of construction in the grant award (or the expiration of any extension granted in writing by EDA), whichever is later, the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the grant recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. 8. PERFORMANCE MEASURES The Recipient agrees to report on program performance measures and program outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993. Performance measures and reporting requirements that presently apply to program activities funded by this investment will be provided in a separate GPRA information collection document. EDA will advise Recipients in writing within a reasonable period prior to the time of submission of the reports, and in the event that there are any modifications in the performance measures. 9. REPORT ON UNLIQUIDATED OBLIGATIONS All Recipients of an EDA grant award of more than $100,000 whose grant has not been fully disbursed as of the end of each reporting period are required to submit a financial report to EDA annually on the status of unreimbursed obligations. The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient but not claimed for reimbursement as of the end of the reporting period. The report will be as of September 30 of each year and must be submitted annually until the final grant payment is made to EDA. The report shall be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement may result in the suspension of EDA grant disbursements. Standard Form SF- 425 ( "Federal Financial Report") or Standard Form 425A ( "Federal Financial Report Attachment" for reporting multiple grants), whichever is applicable, will be used for this purpose.