Res 2011-034 - Laserfiche WebLink

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ARTICLE 1 PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which the City will provide funds to the HCWC in an amount not to exceed $500,000.00 (the "Funds ") for payment of certain eligible expenses as outlined below related to the Project. ARTICLE 2 OBLIGATIONS OF THE HCWC 2.1 The Project shall be completed for the purposes and in substantial compliance with the specifications set forth in Exhibit "A ", attached hereto and made a part hereof for all purposes. 2.2 The HCWC agrees to utilize the Funds to pay for the design and construction costs outlined in Exhibit "B ", attached hereto and made a part hereof, that are associated with the Project (the "Eligible Expenses ") and in compliance with all the terms and conditions specified in this Agreement. 2.3 The HCWC shall begin construction of the Project on or before April 1, 2011 and pursue with commercially reasonable diligence completion of the Project on or before December 31, 2011. Completion of the Project for purposes of this Agreement shall be the date on which the HCWC has both received certificates of occupancy from the City for the facilities renovated and constructed with the Funds and provides satisfactory evidence to the City that all bills for services rendered, labor, supplies and materials related to the Project have been paid or satisfied. 2.4 HCWC agrees to promptly notify the City, in writing, of any substantial changes in the purposes of, the Eligible Expenses of and the plans and specifications for the Project. Any such substantial changes to any of the foregoing are subject to approval by the City. 2.5 During the Term of this Agreement, the HCWC shall provide to the City monthly written reports outlining the status of the HCWC Project to include information regarding the progress of the design, fundraising efforts and the construction of improvements. The monthly report shall also provide a list of Eligible Expense paid to date. The first monthly report shall be due on or before the 30 day after the Effective Date of this Agreement. 2.6 The HCWC's contracts for services related to the Project shall provide that payments will be made in phases acceptable to the City Manager of the City. Before the HCWC enters into any contracts for goods or services to be paid for with the Funds, it shall submit such contracts to the City for approval of the payment terms to ensure that payments to contractors and consultants will be in phases acceptable to the City. The purpose of the City's review is to minimize the risks to the City associated advancing Funds for goods or services that have not yet been delivered or rendered. 2