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DEMONSTRATION ACCOUNT <br />DEVELOPMENT GRANT <br />TRANSIT ORIENTED DEVELOPMENT (TOD) <br />2.09. Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant <br />Amount among the grant -funded activities, provided: (a) the grant funds may be used only for Project <br />activities for which the Council awarded the grant funds; (b) the reallocation does not significantly <br />change the Project deliverables; and (c) the Grantee receives written permission from Council staff <br />prior to reallocating any grant funds. Council staff may administratively approve budget reallocation <br />requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not <br />significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any <br />variances, the Council's obligation to provide grant funds under this Agreement shall not exceed the <br />Grant Amount identified at Page 1 of this Agreement. <br />2.10. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any <br />unspent grant funds, including any grant funds that are not expended prior to the Expiration Date <br />identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes; <br />and any interest earnings described in Section 2.12 that are not used for the purposes of implementing <br />the grant -funded Project activities described or identified in Attachments A and B. For the purposes <br />of this Agreement, grant funds are "expended" prior to the Expiration Date if the Grantee pays or is <br />obligated to pay for expenses of eligible grant -funded Project activities that occurred prior to the <br />Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or <br />unused grant funds and other funds remitted to the Council shall revert to the Council's Livable <br />Communities Demonstration Account for distribution through application processes in future Funding <br />Cycles or as otherwise permitted by law. <br />2.11. Payment Request Forms, Documentation, and Disbursements. The Council will disburse <br />grant funds in response to written payment requests submitted by the Grantee and reviewed and <br />approved by the Council's authorized agent. Written payment requests shall be made using payment <br />request forms, the form and content of which will be determined by the Council. Payment request <br />and other reporting forms will be provided to the Grantee by the Council. Payment requests must <br />include the following documentation: <br />Consultant/contractor invoices showing the time period covered by the invoice; the <br />specific grant -funded Project activities conducted or completed during the <br />authorized time period within which eligible costs may be incurred; and <br />documentation supporting expenses including subcontractor and consultant invoices <br />showing unit rates and quantities. Subcontractor markups shall not exceed ten <br />percent (10%). <br />The Council will disburse grant funds on a reimbursement basis or a "cost incurred" basis. The Grantee <br />must provide with its written payment requests documentation that shows grant -funded Project <br />activities actually have been completed. Subject to verification of each payment request form (and the <br />required documentation) and approval for consistency with this Agreement, the Council will disburse <br />a requested amount to the Grantee within two (2) weeks after receipt of a properly completed and <br />verified payment request form. <br />2014 LCDA TOD Development <br />SG2014-088 <br />Page 7 of 12 <br />revised 10/01/14 <br />