O-2008-3061 agreement to provide construction and administrative services for the Sylvan Beach Shoreline Protection

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Match) and may be subject to a Partner Match exceeding this minimum amount. The Qualified Project Partner acknowledges that costs incurred by the Qualified Project Partner before entering into this Agreement and expenditures not in accordance with the Project Budget in Attachment B may not be used to offset the Partner Match. b. In-kind goods or services provided by the Qualified Project Partner after entering into this Agreement may be used to offset the Qualified Project Partner's shared costs for the project provided the Qualified Project Partner presents the GLO with reasonable basis for estimating the monetary value of those goods or services. For an in-kind Partner Match, valuing and accounting determinations should be provided to the GLO within thirty (30) days of construction bid posting with Texas Marketplace, and include a description of the Partner Match, how it is to be provided, and a time line for providing it over the course of the Agreement. All in-kind Partner Match determinations are subject to the review and approval of the GLO. The decision to allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of the GLO. All in-kind Partner Match requirements must be accounted for before the expiration of this Agreement. c. For the cash Partner Match, a sum equal to forty-five percent (45%) of the prior month's Project expenses shall be due each month. This match contribution should be submitted to: Texas General Land Office Coastal Erosion Planning and Response Act (CEPRA)-MATCH Mail Code 151 P.O. Box 12873 Austin, TX 78711-2873 Attn: Dianna Gordon 3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work cooperatively to investigate and secure funding from sources other than the Account. Alternative sources of funding acquired by the Qualified Project Partner after the execution of this Agreement may be used to meet the Partner Match. 3.03. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of TEX. CONST. art. III, 949. In compliance with TEX. CONST. art. VIII, 96, it is understood that all obligations of the GLO are subject to the availability of funds. 3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related to the subject project and to verify any expense item submitted for reimbursement by the Qualified Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further agrees to maintain, keep, and preserve at its principal office all such records, and all other records associated with this Agreement, for a period of four (4) years following the completion or termination of this Agreement and to make the same available to the GLO or other agencies of the state or federal government for purposes of audit. GLO Contract No. 08-090-000 Page 3 of 5 . ~, "'" "" . _ 1IIiI.......