11-14-16 Regular Meeting of the La Porte City Council

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C.Maximum Amount to be Paid La Porte shall be responsible for 20% of the Local Match requirement as shown in Exhibit B. Upon satisfaction of the Local Match requirement, the County shall reimburse La Porte after receipt of a reimbursement request. La Porte shall expend awarded funds in a consistent and timely manner. The County reserves the right to reduce any or all of the awarded funds due to untimely expenditure of said funds or Agreement non-compliance. La Porte understands and agrees that the amount shown in Exhibit B, Maximum Amount to be Paid Under this Agreement. County shall not be liable under any circumstances or any interpretations hereof for any costs under the Agreement until the Grant Funds are actually received by the County and only to the extent that such monies are actually received and certified available for this Agreement by the County Auditor, as evidenced by the issuance of a Purchase Order for the amount. In the event these Grant Funds are discontinued or reduced during the Agreement term, the County shall not be liable for payment of any funds above the actual Grant Funds the County receives. If such a discontinuation or reduction occurs and the Parties are unable to renegotiate the Agreement upon mutually, acceptable terms, La Porteve remedy shall be to terminate this Agreement. Failure to certify funds or to certify sufficient funding or any reason shall not be considered a breach of the Agreement. La Porte understands and agrees that the maximum the County shall become liable to pay shall not under any conditions, circumstances, or interpretations thereof exceed the amount contained in the Purchase Order, the amount which is expected to be available pursuant to the award of the Grant Fund for any purpose under this Agreement, including but not limited to payment for the sidewalk improvements, except to the extent additional funds are expressly made available for such purposes by the Commissioners Court of Harris County, at its sole option, and the Harris County Auditor certifies the availability of such funds for such expenditures. If the County does not make available additional funds, the sole remedy for La Porte shall be termination under this Agreement. D. Payment for Eligible Expenses La Porte understands and agrees that the County shall reimburse La Porte for only those costs that are eligible under applicable Federal rules, regulations, cost principles, and other requirements relating to reimbursement with FTA grant funds. The County may reimburse La Porte for the total costs, plus a fraction of the overhead costs, of those items that ser service areas, provided that all reimbursements shall be limited to the actual out-of-pocket expenses incurred by La Porte in the performance of this Agreement, with the exception of certain advances. No reimbursement shall be made for goods or services received by La Porte as in-kind contributions from third parties for assistance to the Project. If indirect costs are charged, La Porte shall develop an indirect cost allocation plan determining the appropriate County share of administrative costs and shall submit such plan to the County for approval. E. Payment Procedures The County will reimburse La Porte based upon information submitted by La Porte and consistent with any approved budget and County policy concerning payment. Drawdowns for the payment of eligible expenses and general administration shall be made against the line item budget attached hereto as Page 8 of 58