terms of this Agreement, the docmnentation supporting these expenses must be itemized and include copies of
<br />receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
<br />Shall not reimburse any of the fbllowing types of Charges, cell phone usage; attorney's fees or court dusts; civil
<br />or administrative penalties; or handling fees, such its set percent overages associated with purchasing supplies or
<br />equipment.
<br />h. I,mtl l�cxgirisiti�2n_ Rcinnbursement for the costs associated with acquiring interest aril/or rights to real property
<br />(including access rights through ingress/egress casements, leases, license agreements, or other site access
<br />agreements; and/or obtaining record title ownership of real property through pUrChasc) In List he supportcd by the
<br />following, as applicable: Copies of Property Appraisals, Ftivironmental Site Assessments, Surveys and Legal
<br />Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, 'title insurance, Closing
<br />Statements/Documents, Deeds, Leases, Rasarnents, License Agreements, or other legal instrument documenting
<br />acquired property interest acid/or rights. If land acquisition costs arc used to meet match requirements, Grantee
<br />agrees that those funds shall not be used as match for any other Agreement supportcd by State or Federal funds.
<br />l0. Status Reports.
<br />The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
<br />Progress Report Foran, to Department's Grant Manager describing the work performed during the reporting period,
<br />problems encountered, problem resolutions, schcdulcd updates, and proposed work for the next reporting period.
<br />Quarterly status reports are duc no later, than twenty (20) clays Following the completion of the quarterly reporting
<br />period. For the purposes (it' this reporting requirement, the quarterly reporting periods end on March 31, .lune 30,
<br />September 30 and December 31. The Department will revic"v the required reports submitted by Grantee within thirty
<br />(30) days.
<br />11. Retafna ,c.
<br />The following provisions apply if Department withholds rctainagc under this Agreement:
<br />a. The Department reserves the right to establish the amount and application of'rctainagc on the work performed
<br />under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
<br />Retainage may be withhold from each payment to Grantee pending satisfactory completion ofwork and approval
<br />of all deliverables,
<br />b. if Grantee fails to perform the requested work or Gils to perform the work in a satisfactory manner, Grantcc shall
<br />forfeit its right to payment of the retainage associated with the work, failure to perrorm includes, but is not
<br />limited to, E flare to submit the required deliverables or failure to provide adcquatc documentation that the work
<br />was actually performed. The Department shall provide written notification to Grantee of' tile failure to perform
<br />that shall result in retainage forfeiture, If the Grantee does not correct the failure to pertbrm Within the tinnefrantc
<br />stated in Department's notice, the retainage will be forfeited to Department.
<br />c. No rctainagc shall be released or paid for incomplete work while this Agrcement is suspended.
<br />d. Except as otherwise provided above, Griintec shall be paid the retainage associated with the work, provided
<br />Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
<br />procedures under- this Agreement.
<br />12. Insurance.
<br />a insurance Requirements foi' SubGrantees and/or Subcontractors. The Grantee shall require its sub -grantees
<br />and/or subcontractors, il' any, to maintain insurance coverage of such types and with such terms and limits as
<br />described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
<br />make compliance with the insurance rcquircnortts of this Agreement a condition of all contracts that are related
<br />to this Agreement. Sub -granters and/or subcontractors must provide proof of insurance upon request.
<br />b, 1)eductif�le_s, The Department shall be exempt from, and in no way liable for, any suns of money representing a
<br />deductible in any insurance policy. The payment of such deductible shall be the solo responsibility of the
<br />Grantee providing such insurance.
<br />C. Prcx7l�,c�f I�n�ut_�tt>i�c, Upon execution of this Agreement, Grantee shall provide Department documentation
<br />dennonstrating the existence and annount fm• each type of applicable insurance coverage prior to performance of
<br />any work under this Agreement. Uport rcccipi. of written request From Department, Grantcc shall furnish
<br />Department with proof orapplicable insurance coverage by standard form certificates of insurance, a self-
<br />insured authorization, or other certification of sclt;insurancc.
<br />d Duty to klaitttain C!ov ra � in the event that any applicable coverage is cancelled by the insurer for any
<br />reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Departnncnt of such
<br />cancellation and shall obtain adequate rcplaecmernt eovcragc contornning to tine requirements heroin and provide
<br />proof of such replacement coverage within tell (10) days after the cancellation of eovcragc.
<br />Attachment 1
<br />5ol'13
<br />Rev. 8/8/2023
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