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terms of this Agreement, the documentation 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 following types of charges: cell phone usage; attorney's fees or court costs; civil
<br />or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
<br />equipment.
<br />h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
<br />(including access rights through ingress/egress easements, leases, license agreements, or other site access
<br />agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
<br />following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
<br />Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
<br />Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
<br />acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
<br />agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
<br />10. Status Reports.
<br />The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
<br />Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,
<br />problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
<br />Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
<br />period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
<br />September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
<br />(30) days.
<br />11. Retainage.
<br />The following provisions apply if Department withholds retainage under this Agreement:
<br />a. The Department reserves the right to establish the amount and application of retainage 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 withheld from each payment to Grantee pending satisfactory completion of work and approval
<br />of all deliverables.
<br />b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
<br />forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
<br />limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
<br />was actually performed. The Department shall provide written notification to Grantee of the failure to perform
<br />that shall result in retainage forfeiture. if the Grantee does not correct the failure to perform within the timeframe
<br />stated in Department's notice, the retainage will be forfeited to Department.
<br />c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
<br />d. Except as otherwise provided above, Grantee 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 for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
<br />and/or subcontractors, if 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 requirements of this Agreement a condition of all contracts that are related
<br />to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
<br />b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
<br />deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
<br />Grantee providing such insurance.
<br />c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
<br />demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
<br />any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
<br />Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
<br />insured authorization, or other certification of self-insurance.
<br />d. Duty to Maintain Coverage 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 Department of such
<br />cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
<br />proof of such replacement coverage within ten (10) days after the cancellation of coverage.
<br />Attachment 1
<br />5of13
<br />Rev. 7/12/2023
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